Sutton's default removal letters

never-in-doubt

daz2bedebtfree wrote: »

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?

No mate,

they cannot refuse! They aren't for a bank account, are they? If so then that is different - if a credit card then they must pay back unlawful charges.....

daz2bedebtfree

never-in-doubt wrote: »

No mate,

they cannot refuse! They aren't for a bank account, are they? If so then that is different - if a credit card then they must pay back unlawful charges.....

yes mate its a credit card but they said they are allowed to charge £12 each time, but infact it was £12 2 times a month so £24 per month total, dont know which way to turn really, to make em listen. any ideas m8:beer:
regards

jon_boy75

never-in-doubt wrote: »

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!

lol...I incurred the wrath of NID! I didnt call them, they called me and I was hoping it was to resolve this ridiculous matter. Turns out it wasnt, but I take your point completely.
Jon

jon_boy75

never-in-doubt wrote: »

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!

I should have mentioned this...I have 2 letters from Abbey stating they dont have the default notice. I will speak to the CRAs, but am doubtful they will remove it. They are basically the banks !!!!!es!

digitalphase

never-in-doubt wrote: »

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

Aha...Hopefully they'll give in and remove that damned 5 then!

seeya23

digitalphase wrote: »

Aha...Hopefully they'll give in and remove that damned 5 then!

well done on you geting a new job when do you start ?

digitalphase

Thanks seeya! I start beginning of August, I can't wait :beer:

oopsadaisydoddle

never-in-doubt wrote: »

Hiya,

First things first - don't rush, they have cashed the cheque so just leave them to it and see what they send you. Hold fire until this comes.

There is a letter that we sent to chase them, I personally never send it because when they 'default' by missing your deadline it helps if you go to court. Reminding them they have defaulted is a waste of a stamp in my opinion.

Regards to the debt/default, please advise:

1. When did you last make payment
2. What shows on your credit record (i.e. settled?)
3. Who are you dealing with, Black Horse (Lloyds) or a DCA?

Cheers

Hi again..hope I'm replying correctly! Have received my CCA today and all looks in order. They said statement of account to follow in a few days. They haven't howere made any reference to the default I asked them to verify so wondered where I can go from here. Do they HAVE to supply copy of the default notice? And if they do have but don't for whatever reason, what is my next step?

Thanks again

never-in-doubt

oopsadaisydoddle wrote: »

Hi again..hope I'm replying correctly! Have received my CCA today and all looks in order. They said statement of account to follow in a few days. They haven't howere made any reference to the default I asked them to verify so wondered where I can go from here. Do they HAVE to supply copy of the default notice? And if they do have but don't for whatever reason, what is my next step?

Thanks again

Hi,

Using the CCA they sent you, compare it with the prescribed terms and check for compliance - study it properly and check then recheck again.... Prescribed terms are here. #29

When did they issue the card, i.e. date of agreement? who was the creditor? :T

oopsadaisydoddle

never-in-doubt wrote: »

Hi,

Using the CCA they sent you, compare it with the prescribed terms and check for compliance - study it properly and check then recheck again.... Prescribed terms are here.

When did they issue the card, i.e. date of agreement? who was the creditor? :T

Hi again,
Thanks for replying. I'll check these things and double check as well! If they all seem ok, does it mean I'll hit a brick wall?!

FYI-this was a loan and date of agreement was 27/01/04 and it was through Black Horse..not sure if you were asking for this or suggesting I check this on CCA so have included anyway!