Sutton's default removal letters

digitalphase

never-in-doubt wrote: »

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

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

No, I'm still paying it off monthly. Funnily enough (or not so funny :rolleyes:) Equifax have the 5 in as on April and Experian have it in as May. I guess they take different times to update their records.

never-in-doubt

digitalphase wrote: »

No, I'm still paying it off monthly. Funnily enough (or not so funny :rolleyes:) Equifax have the 5 in as on April and Experian have it in as May. I guess they take different times to update their records.

Really....... ok, if they write back refusing again then you may have to officially go backwards, place account into dispute - refuse payment then make offer to settle in full in exchange for removal of late payment markers!

We'll sort summat out, wait and see what they say with their response....

shelby123_2

hi everyone just wondered if there is any help on here for me on a few problems i am having, this will be a rather long post so please forgive me,
my first problem is a studio gifts mail order account, who have defaulted me on my credit files
i have run this catalogue for a number of years without any problems but around september of 2007 i ordered a nintendo wii for xmas for my daughter, they never sent it but had applied the cost of the item to my account, so i queried it with them and they said i wouldnt be recieving one because they could not get the stock but hopefully should have them within the next few months and they also said they would remove it from my account.
sometime later i noticed my balance on the account had increased from around £350 to a massive £713.83 without me even ordering aqnything else.
i immediatly notified studio that there must be some error and the balance was incorrect and as i felt they were trying to con me i told them i would not be paying until they substanciated where this balance had come from.
nothing happened even though i has sent them a £1 cheque and a request for my credit agreement on 20th august 2008 then out of the blue cam an agreement with a completely diffrent account number (not mine) , then in october 2008 i recieved a demand for money from moorcroft , for wich i replied by letter "
28 October, 2008
moorcroft debt recovery limited
po box no 17
2 spring gardens
stockport
sk1 4aj

Moorcroft ref: xxxx
Dear Sir or Madam:
I write with reference to your letter , a copy of which is enclosed .
I would like to advise you I have been in touch with this company on several occasions and asked for a copy of the original signed agreement along with a breakdown of all the account figures because the debt in my opinion is fabricated and I wanted to see where they have got this figure from.
Along with the request I sent a cheque to cover the cost of this information as required by law and the company involved cashed this cheque but failed to provide the information we requested, infact they send a copy of an agreement with a false account number on it (enclosed along with a copy of the original request) but no breakdown what so ever that shows where the debt has supposedly come from .
The account number they sent on the agreement was xxxx,
As I have stated the debt is fabricated in my opinion and as you know I am entitled by law to withhold payment until the information I requested has been received.
I would also like you to note I have sent letters of complaint to trading standards and also are in process of submitting a complaint with the financial services authority and the information commissioner’s office.
As previously stated no moneys will be paid until the account information along with a total breakdown of this debt are received so I would ask you to stop sending letters demanding money as you are wasting your time and mine.
However if your client wishes to take court action, I look forward to seeing you there
Many thanks for your cooperation in this matter"
after this i recieved various statements of account and a blank credit agreement but to my dissapointment lots of the statements were missing (approximatly 16 months worth)
i wrote back and explained this but never got a response.
this morning ive recieved a letter for the same account from wescot credit services stating they are sending a doorstep collector.
i also have other items i need help with but i would rather sort out one at a time to avoid confusion.
can anyone help me please as i think this company is trying to rip me off

never-in-doubt

Hiya,

Ok try sending the following letter off - see what they think to that! Think you'll find you won't have an agreement so won't be liable for any debt here anyway, in the long run.

Just add the dates in first couple of paragraphs: You mustn't speak to anyone about this on the phone, only send recorded delivery (orange sticker) and keep us updated on here.

Good Luck!

---

Letter to send:

---

Dear Moorcroft,

Ref: XXXXXXXX

I do not acknowledge any debt to your company or to the Original Creditor, Studio Catalogue.

In September of 2007 I ordered a Nintendo Wii for my daughter which was never received. However the cost had been applied to the account incorrectly so I queried this with Studio directly who confirmed it would be sorted and the debit removed from my account as the item was unavailable for X-Mas delivery at that time.

A few weeks later I noticed my balance on the account had increased from around £350 to a massive £713.83 without me even ordering anything else. I again notified studio that there must be some error and the balance was incorrect and subsequently disputed the total amount until they provided me with detailed statements.

I also refused payment, in line with current legislation, until resolution of the matter had concluded. I also wrote to the OC (Studio) by Recorded Delivery on 20/08/2008 asking for a true copy of the Consumer Credit Agreement together with the relevant information under Sections 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque as the fee payable. This letter was delivered and signed for on XX/XX/2008 and my cheque was cashed XX/XX/2008.

That is all I heard for almost a year when, out the blue, I get a letter from your company. A copy of my letter dated 28th October 2008 is attached for your perusal.

The Consumer Credit Act allows 12 working days for this request to be carried out before you enter into a default situation. As the OC replied to me back in October 2008 with an incorrect (i.e. not my details) agreement, then the account must remain in dispute which refers s.10 CCA (cease & desist processing data).

As you are unable to comply with my request for the agreement, as required by s.78 of the Consumer Credit Act 1974, this account has become unenforceable by law. As you are no doubt aware ss.6 of the CCA states:

"If the creditor under an agreement fails to comply with ss.1 (CCA.1974) then (a) He is not entitled, while the default continues, to enforce the agreement"

As the 12 working days have now expired, from official receipt of the request for the agreement and supporting documents, the account is now formally in dispute and whilst it remains in dispute, the agreement is unenforceable.

Whilst it is unenforceable, no interest can be added to the account and no action can be taken against me such as defaults or adverse data registered at any of the credit reference agencies. If you have already added a default against me, I hereby give you 30 days in which to remove the default or supply me with the Consumer Credit Agreement to enforce the default.

There is no debt as there is no agreement and therefore any default that you may have registered against me is unlawful and will be defended by demanding enforcement of removal via the county courts, if necessary.

Furthermore, under the Data Protection Act (s.10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is a breach of the Data Protection Act 1998 & a breach of OFT guidelines. As such, should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 30 days confirming that you have complied with this request and all trace of the Studio account is removed from my credit record and closed in full.

Yours faithfully,


Sign here digitally

shelby123_2

ok many thanks for the above info now ill move onto the next one,
mbna credit card ,last year i fell into financial difficulty through illness and having to leave my job,
this left me unable to meet all my financial commitments,i wrote to the company and explained my dilema and that i would have to make reduced payments
and i also included a personal financial statement of my incomings and outgoings, along with an offer of repayment on a pro rota basis along with my other creditors
i also asked for interest and charges to be frozen, they completely ignored my correspondence and i was bombarded with demands.
every time i recieved correspondence i sent the previous documents i had already sent along with a covering letter, still they ignored my correspondence and just kept sending demands saying phone us.
i was wiery of phoning because i know the tactics of trying to talk you out of more than you can afford to repay,
i sent yet another letter asking for all communication in writing, now the last letter was an official default notice saying my account would be closed and they have put a default on my credit references and that they will continue
to take action to recover the debt. unfortunatly i,m not in a position to clear the balance in one go and im quite upset they have defaulted me after all my correspondence to them. i have never asked them for a credit agreement so should this be my first step?
sorry for the long post and to cut a long story short i have a further 2 accounts with argos card and next directory that im having exactly the same trouble with.
many thanks for reading my post and i hope there is help.
:mad:

never-in-doubt

shelby123 wrote: »

ok many thanks for the above info now ill move onto the next one,
mbna credit card ,last year i fell into financial difficulty through illness and having to leave my job,
this left me unable to meet all my financial commitments,i wrote to the company and explained my dilema and that i would have to make reduced payments
and i also included a personal financial statement of my incomings and outgoings, along with an offer of repayment on a pro rota basis along with my other creditors
i also asked for interest and charges to be frozen, they completely ignored my correspondence and i was bombarded with demands.
every time i recieved correspondence i sent the previous documents i had already sent along with a covering letter, still they ignored my correspondence and just kept sending demands saying phone us.
i was wiery of phoning because i know the tactics of trying to talk you out of more than you can afford to repay,
i sent yet another letter asking for all communication in writing, now the last letter was an official default notice saying my account would be closed and they have put a default on my credit references and that they will continue
to take action to recover the debt. unfortunatly i,m not in a position to clear the balance in one go and im quite upset they have defaulted me after all my correspondence to them. i have never asked them for a credit agreement so should this be my first step?
sorry for the long post and to cut a long story short i have a further 2 accounts with argos card and next directory that im having exactly the same trouble with.
many thanks for reading my post and i hope there is help.
:mad:

I'll come back to this tomorrow night round 9pm....... will need lots more details though so have a read through here to see the questions i'll ask you lol - go back 10 pages and see what info is required.... won't take too long and will also teach you a lot.....

cheers

davmail

Hi NID,regarding my Egg thing,the account was in default 7 years ago,it is settled,2 years ago,but they are showing me as 'defaulted' LAST year!!This is wrong,how can I put this right,as the default is showing up as 'defaulted in the last 3 years'but defaulted in 08!!!Cheers.

never-in-doubt

davmail wrote: »

Hi NID,regarding my Egg thing,the account was in default 7 years ago,it is settled,2 years ago,but they are showing me as 'defaulted' LAST year!!This is wrong,how can I put this right,as the default is showing up as 'defaulted in the last 3 years'but defaulted in 08!!!Cheers.

can you confirm was the default 7 years ago? i'm confused - please be specific as this makes a big different....

If the account was in default 7 years ago then the account would be statute barred if you never spoke to or admitted any claim to the debt or the DCA within 6yrs - did you or am i reading this wrong...?

Please be more specific cos i'm slightly confused.... cheers mate :beer:

jon_boy75

jon_boy75 wrote: »

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.

you are in some demand NID! we should pay you for this. any advice on this would be much appreciated...i know you're inundated right now

thanks

digitalphase

never-in-doubt wrote: »

Really....... ok, if they write back refusing again then you may have to officially go backwards, place account into dispute - refuse payment then make offer to settle in full in exchange for removal of late payment markers!

We'll sort summat out, wait and see what they say with their response....

Thanks NID I hope I don't have to go backwards to get them to remove it, I can't afford to pay the debt off in full at the moment. It's still £600, so have to pay it monthly. It's a catch 22 because if they removed the late payment marker I could probs get another card to do a balance transfer to, but I can't get another card with the 5 payment marker (I doubt!). I'm going to try Tesco in November though regardless.