Sutton's default removal letters

digitalphase

NID - Marbles have replied to my letter saying that they are escalating my complaint to their customer relations department for a final review. It is also signed by a different person to the man who wrote to me before and who I addressed my last letter to.

Should I wait it out and see what they say?

daz2bedebtfree

hi n-i-d
had a response from fredrickson saying "thanks for recent correspondence the contens of which we referred to our clients(crapitalone) our client has rejected your offer but there is a without prejudice offer of 305.63 available on this acount for 28 days we look forward to hearing from you with your proposals for payment"
no mention of removing default either m8 any ideas?
regards

never-in-doubt

daz2bedebtfree wrote: »

hi n-i-d
had a response from fredrickson saying "thanks for recent correspondence the contens of which we referred to our clients(crapitalone) our client has rejected your offer but there is a without prejudice offer of 305.63 available on this acount for 28 days we look forward to hearing from you with your proposals for payment"
no mention of removing default either m8 any ideas?
regards

Can you or did you want to pay the £305? The without prejudice means you cannot use it in court, i.e. its a blind offer that is between you and them and cannot be referred to or used in court.

How much is the debt?

Cheers

never-in-doubt

digitalphase wrote: »

NID - Marbles have replied to my letter saying that they are escalating my complaint to their customer relations department for a final review. It is also signed by a different person to the man who wrote to me before and who I addressed my last letter to.

Should I wait it out and see what they say?

Hiya

Course you sit it out - what else can you do? lol :rotfl::rotfl:

Wait and see what they say - a final response means you have to start dealing with FOS who will charge them £450 straight away for receiving the complaint which will go in the argument....... :T

never-in-doubt

jon_boy75 wrote: »

Abbey called me yesterday and after a long discussion they said they had neither the default notices or any letters pertaining to my alleged arrears. They do however have all the notes made by their staff, which indicate that letters were sent.

I'm just wondering how this will look in court. No copies of any letters warning of a potential default, but notes saying they were sent! Seems a bit flimsy to me. I didnt ever receive any warning letters OR a default notice, but Abbey claim they sent them all.

They also stated categorically that there's no chance of them removing the default from my file. So court is the only way.
Any advice appreciated.
Jon

Obviously I type this a lot but rarely do I have to shout it so for one last time - DO NOT SPEAK TO CREDITORS ON THE PHONE - there is no legal comeback! :eek:

Ok, so now what you need is a letter from Abbey confirming that they do not have the default notice. Its going to be hard getting this cos you've spoken to them! You need a letter from them, when you get the letter you send a copy to the CRA's who must then remove the data as without a default notice they cannot post a default and the CRA's know this and so remove it after 28 days, the creditor hasn't provided proof. A screen note saying one was issued means nothing in the eyes of the law.

Why do people think speaking to a creditor helps things? It does the opposite!

daz2bedebtfree

never-in-doubt wrote: »

Can you or did you want to pay the £305? The without prejudice means you cannot use it in court, i.e. its a blind offer that is between you and them and cannot be referred to or used in court.

How much is the debt?

Cheers

HI n-i-d
my debt is £427 but of this £227 is charges
i could possibly pay the £305but they never even mentioned the default on my account?
regards
:cool:

never-in-doubt

daz2bedebtfree wrote: »

HI n-i-d
my debt is £427 but of this £227 is charges
i could possibly pay the £305but they never even mentioned the default on my account?
regards
:cool:

Hiya,

No mate - ok, you want to do the same as i've suggested to someone else and SAR them, reclaim charges and then get default removed that way.

Have a look here: http://forums.moneysavingexpert.com/showpost.html?p=23386243&postcount=219

You need to do exactly the same - especially if you know that the charges in essence defaulted you - I assume you'll see the logic!

Do this then update us matey....

daz2bedebtfree

never-in-doubt wrote: »

Hiya,

No mate - ok, you want to do the same as i've suggested to someone else and SAR them, reclaim charges and then get default removed that way.

Have a look here: http://forums.moneysavingexpert.com/showpost.html?p=23386243&postcount=219

You need to do exactly the same - especially if you know that the charges in essence defaulted you - I assume you'll see the logic!

Do this then update us matey....

ok mate thats what ill do thanks ill keep you posted, regards:T

never-in-doubt

daz2bedebtfree wrote: »

ok mate thats what ill do thanks ill keep you posted, regards:T

If you read the following posts after that one, you'll get an idea of what to do when you get the SAR (statements) back. Legally they can charge for statements so you get then for £10 via a sar, which is the cheat way to do it lol.

Post back when you sar them and with a reply, using the posts in other thread as guidance.... good luck!

I'll do your letter to send after you work out charges.

daz2bedebtfree

daz2bedebtfree wrote: »

ok mate thats what ill do thanks ill keep you posted, regards:T

ps n-i-d i had already tried to claim the charges back before but they refused saying they were allowed to do so, do you think i should try court action?