Sutton's default removal letters

digitalphase

never-in-doubt wrote: »

Go girl....... good luck

Have you got a photocopy of his letter to you....?

Thanks, yes I scanned in the letter and sent the scanned copy.

I'll keep you updated - thanks for all help, it's much appreciated! I hope they will remove that 5, my file will be so much better then!

never-in-doubt

digitalphase wrote: »

Thanks, yes I scanned in the letter and sent the scanned copy.

I'll keep you updated - thanks for all help, it's much appreciated! I hope they will remove that 5, my file will be so much better then!

Nice one, they'll remove it. Don't worry.....

Is the account clear by the way, or you still paying?

Kingel

Hi NID,
Thank you for your previous reply. Since then something odd has happened, today I recieved a letter in the post, 09/07/09 from EOS Solutions saying they could not provide me with the credit agreement and as such they have closed the account and will take no further action. This is not what I wanted, I wanted them to remove the default notice, what should I do? They signed for my cca request on the 09/06/09, have they breached the statutory time limit in their response? I am glad they have closed this account but I still have the default on my file. Thank you for your help
Kind Regards
Kingel

jon_boy75

never-in-doubt wrote: »

I'll sort this for you later tonight mate...... :cool:

Just to update you, I've sent the Letter Before Action and my POC is below...just wondering if I'm on the right track?

1. Claimant held a Current Account with the Defendant, xxxxxx, from September 1998 to December 2006.

2. A 'default' appears on the Claimant’s credit reference file relating to the account.


3. The Defendant;
a) Has failed to comply with a Statutory Notice issued by the Claimant pursuant to s.7 Data Protection Act 1998.


b) Has applied the 'Default' without complying with the requirements of s.87
Consumer Credit Act 1974.


4. The Claimant respectfully seeks;
a) Rectification, blocking, erasure or destruction of the inaccurate data, which theCourt can order under s.14 Data Protection Act 1998 – including details passed to the Credit Reference Agencies.


b) Costs and damages at the discretion of the Court under s.13 Data Protection Act 1998 due to the damage to the claimant’s creditworthiness. The claimant has suffered a significant waste of personal time in pursuing this matter through the correct channels.

never-in-doubt

Kingel wrote: »

Hi NID,
Thank you for your previous reply. Since then something odd has happened, today I recieved a letter in the post, 09/07/09 from EOS Solutions saying they could not provide me with the credit agreement and as such they have closed the account and will take no further action. This is not what I wanted, I wanted them to remove the default notice, what should I do? They signed for my cca request on the 09/06/09, have they breached the statutory time limit in their response? I am glad they have closed this account but I still have the default on my file. Thank you for your help
Kind Regards
Kingel

Hiya

Yes they are in breach of the CCA so you should be looking to send the following letter - will post shortly....

never-in-doubt

Send the following letter to the DCA that recently wrote to you, attaching a photocopy of their letter.

---

Letter to Send DCA

---

Dear Sirs,

Account No: XXXXXXXX

After recently obtaining a copy of my Credit File, I am concerned to note that your company has placed a "Default Notice" against an alleged account, held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

Under normal circumstances, i'd be requesting a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit.

However, your letter dated 09 July 2009 confirms as there is no such agreement the 'account will be closed' but maybe you're forgetting that without an agreement there never was an account and as such, there cannot be a default registered against me. Even so, you must supply me with a signed, true certified copy of the original Default Notice, which was never received and is also, therefore unenforceable.

You should also consider this letter as a statutory notice under s.10 (Data Protection Act) to cease processing any data in relation to this alleged account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 14 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data, of course including a true copy of any Deafult Notice issued. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Furthermore you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies:

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* Any payment previously made should be refunded immediately.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice (related to the account).

I formally request that this data is provided to me within the next 14 days, however if you're unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.


Yours faithfully




Sign digitally

daz2bedebtfree

hi again just wanted to pick some brains on some bad history on my credit file for 2 mail order catalogues (simply be and jd williams)
now i have never signes any agreement with this company so through the equifax online dispute i said "i have never given permission for this company to supply information about me to any third parties i have never signed any agreement for them to be allowed to do this,
i require all information regarding this account erased from my credit file it is in breach of the data protection act and against my human rights, frankly it is breaking the law for you to distribute such data"
and their reply was "We obtain consent to process our customer’s data at the point the account is opened NOT when the credit agreement is executed. Respectfully, we believe you are confusing our agreement with banking agreements which, being the sole point of contact, contain all of the necessary processing consents required by law. In our case we recruit customers to the catalogue by reference to a detailed Data Protection rubric at the point of OPENING the account AND BEFORE any processing takes place or any decision is made by the company or the customer regarding credit.

This rubric is comprehensive, has been seen by the Information Commissioner, and is standard across the mail order industry. Not only does it cover the elements of obvious processing it also alerts customers to non-obvious uses of data such as recording account transaction details and the recording of defaults with licensed credit reference agencies.

Your position on lack of consent by virtue of you not having signed a credit agreement is, in our case, not tenable. You opened the account in 03/11/2008 with Simply Be. In your case we have obtained consent to process data and a copy of the Data Protection rubric in use at the time the account was opened can be supplied if required.

We do not accept that we have processed any personal data on this account either illegally or unlawfully and your request to have the credit file entry removed, is therefore denied."

any ideas ?

never-in-doubt

daz2bedebtfree wrote: »

hi again just wanted to pick some brains on some bad history on my credit file for 2 mail order catalogues (simply be and jd williams)?

Woah, how come you keep popping up with even more outstanding things? I thought you had the 4 accounts I was helping with...... if you're deliberately trying to evade payment across the board then sorry, my help will cease forthwith.

Different if they have skanked you or something but then why did your first post mention 4 accounts which have now escalated into several more than that?

Are you trying to evade payment - for the sake of it?

In answer to your question, they are spot on! They are telling you that the catalogues have proof that you applied and would have ticked the box on-screen. If you had the accounts then it is hard to preach 'no agreement' as they will be able to systematically prove that they delivered goods to your address - i.e. proof of agreement of contract terms without signing.

Make sense? Bottom line, the CRA's will not move - pointless arguing. You need to go to the lender but they will say similar, no agreement can void the actual debt but not the default or CCJ that comes with the unenforceable debt.

daz2bedebtfree

never-in-doubt wrote: »

Woah, how come you keep popping up with even more outstanding things? I thought you had the 4 accounts I was helping with...... if you're deliberately trying to evade payment across the board then sorry, my help will cease forthwith.

Different if they have skanked you or something but then why did your first post mention 4 accounts which have now escalated into several more than that?

Are you trying to evade payment - for the sake of it?

In answer to your question, they are spot on! They are telling you that the catalogues have proof that you applied and would have ticked the box on-screen. If you had the accounts then it is hard to preach 'no agreement' as they will be able to systematically prove that they delivered goods to your address - i.e. proof of agreement of contract terms without signing.

Make sense? Bottom line, the CRA's will not move - pointless arguing. You need to go to the lender but they will say similar, no agreement can void the actual debt but not the default or CCJ that comes with the unenforceable debt.

hiya no on the contreary these are being paid and intend to carry on being paid i have an arrangement to pay these guys monthly but noticed they have popped onto my file too, just wondered wether they were allowed to do it, i have good use for these accounts anyway as this will help improve my overall credit rating as time goes by,
just didnt understand the message that they had sent back to me so thanks for clearing that up :T

never-in-doubt

daz2bedebtfree wrote: »

hiya no on the contreary these are being paid and intend to carry on being paid i have an arrangement to pay these guys monthly but noticed they have popped onto my file too, just wondered wether they were allowed to do it, i have good use for these accounts anyway as this will help improve my overall credit rating as time goes by,
just didnt understand the message that they had sent back to me so thanks for clearing that up :T

Ok, it just sounds dodgy mate that's all. Obviously in genuine cases, help is here. Theft/Fraud - sorry, no can do.

Ok, so what seems to be the issue with the JD accounts, what exactly have they done wrong? Just for info, Data Protection issues are nothing to do with and will not be linked into Human Rights, certainly not when in context to the CCA.

Basically, the catalogues can post data so long as it is accurate, so they should be showing as an arrangement to pay or default or similar - what is the entry showing as on your credit files?