Sutton's default removal letters

Innocent_Guy

How long does the creditor / DCA have to reply to letter 1.

My friend has started the process

never-in-doubt

Innocent_Guy wrote: »

How long does the creditor / DCA have to reply to letter 1.

My friend has started the process

12 + 2 usually so 14 days - that is days not working days. you get 12 days plus 2 days for postage.

never-in-doubt

never-in-doubt wrote: »

12 + 2 usually so 14 days - that is days not working days. you get 12 days plus 2 days for postage.

Once the 12+2 deadline has passed send them the following letter:

Ensure the words Account in Dispute are clear at the top of the page!

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Account in Dispute + s.10 Cease & Desist Letter all in one!

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Account In Dispute

Ref:

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.
(date = 12+2 days after you sent the CCA request - delete this text)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this 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 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. 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. Should you not respond within 21 days I expect that this means you agree to remove all such data.

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.
* 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 reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 14 days.


Yours faithfully,
Print name do not sign

sutton111

If they don't do as you ask in the above letter what's next?

never-in-doubt

sutton111 wrote: »

If they don't do as you ask in the above letter what's next?

Mate read this thread - its all for you! Page 1 and page 2! I posted like loads of letters yesterday - look for them on pages 1 & 2

#38

never-in-doubt

Typical Sutton, comes in asks a silly question then buggars off out again!

sutton111

never-in-doubt wrote: »

Typical Sutton, comes in asks a silly question then buggars off out again!

Pardon?!

I do have other priorities you know. :rolleyes:

Innocent_Guy

sutton111 wrote: »

Pardon?!

I do have other priorities you know. :rolleyes:

LOL - See whats expected of you

noah271007

Give Sutton a break guys! LOL.

Sutton, just go through the process as outlined on page 1 like NID said.
I am sorting out the letters and will get them posted here tonight....

James3891

Thanks for the advice Never , just did an online report with experian, seems it only goes back 36 mths so maybe need to get it posted to see all payment dates but certainly saw nothing about defaults, i had the vodafone contract from 2004 for 12 months but theres no hint of them on there, no searches or accounts so have oredered my equifax to see if anything is on there but seems experian know nothing of me ever having it.Would i get a default sent to one agency and not tell another?