Sutton's default removal letters

ElkyElky

never-in-doubt wrote: »

Ok, if it was 10 years ago then thats different. This can be appealed and written off.

Personally, go post the story over in benefits board as there are actual JC+ staff in there and other specialists....... Have a look at these links:

MSE Link: http://forums.moneysavingexpert.com/showthread.html?t=70872

Google Link: http://www.google.co.uk/search?hl=en&q=tax+credit+overpayment+help&meta=&aq=1&oq=tax+credit+over

Thanks, I'll take a look. Not too fussed about it though, she is refusing to repay it on the grounds that it is their error for overpaying.

She did everything they asked such as declaring income changes, status changes and such. I quite agree with her refusing to pay. The government should not penalise innocent members of the public for their errors.

never-in-doubt

cifpower wrote: »

The original debt was £252.43

The debt is frozen. I have made 2 payments of £10

when did you agree to pay then (June 09?) and have you stuck to the agreement? So balance is now £232.43?

never-in-doubt

ElkyElky wrote: »

Thanks, I'll take a look. Not too fussed about it though, she is refusing to repay it on the grounds that it is their error for overpaying.

She did everything they asked such as declaring income changes, status changes and such. I quite agree with her refusing to pay. The government should not penalise innocent members of the public for their errors.

Look at the google link as you'll see pages from direct gov and official bodies about this - it may be that she has no choice to pay but can't be definite. Lots of reading will establish her rights.

cifpower

Agreement was made in May 09 and the first payment was 03 June 09. Agreement has been stuck to and balance is as you say

never-in-doubt

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Letter to send Barclays Bank

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Dear Barclays Bank,

Sort Code: XX XX XX
Account No: XXXXXXXX

I write with reference to previous communication, moreso with your Debt Collection Agency (DCA) Cabot, regarding an outstanding balance on the account and wish to draw your attention to my intentions should this matter not be resolved immediately.

This all started back in the summer of 2007 when I applied to Barclays for a Bank Account and after being accepted, agreed to use your switching service which meant you'd be responsible for taking care of my Direct Debits. Part of this service was the explicit agreement that I would not be charged for failed transactions throughout the 'switching period' as is industry standard with most banks, because the bank is ultimately responsible for taking care of the switch.

After a week or so, still without a Connect Card, I decided to ring and chase its whereabouts only to be told it was en-route and to wait a few days longer. I continued with this fiasco for over 6 weeks making numerous calls all with the same answer. Obviously in the meantime, with no other possible way to live I had to continue using my CitiBank account.

After a couple of months, still with no Connect Card or apology, I decided enough was enough and closed my Barclays Account, and got confirmation this was actioned. I then carried on with my life and moved houses only to get the shock of my life when out of the blue, I received a letter from your DCA, Cabot, demanding payment of £252.43. I immediately thought this was some kind of joke and rung to be told that it was due to a Direct Debit that had been paid back at the account switching time, to TV Licencing for £14 or so.

I was horrified and out of shock and bullying tactics agreed to pay £10 per month to this debt. However, having now come to my senses and with help from charitable organisations I have realised that this should never have happened to me and Barclays have, in essence, ruined my life. This now explains my inability to obtain credit, meaning you've inadvertantly broken the Date Protection Act by reporting false and inaccurate information about me to a third party, and by way of issuaing an unlawful default being no notice was ever served on me either.

You can no doubt see the catalogue of errors and all I want is things to be put right. I have even agreed to repay £10 per month to the DCA and having made £20 of payments, have repaid the Direct Debit that you paid back in 2007. I am certainly not continuing with these payments as I have done nothing wrong.

Barclays had ample opportunity to tell me at the time I closed my account that there was a paid Direct Debit at which point i'd have paid it, however they did not. Similarly, had Barclays acted in accordance with their own terms and conditions and stuck to their switching service guarantee this would not have happened.

I feel utterly sick at the stress you have caused me and demand immediate rectification by way of apology, calling off the dogs (DCA) and removal of default notice with all 3 CRA's. I would also expect a gesture of goodwill to be made for my troubles and stress.

Failure to accept and adhere to my simple demands will result in my seeking to take this via litigation.

To confirm, I am more than happy to drop this so long as you can agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit
• You will make an offer of goodwill for my troubles

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper and I will respond accordingly. Please note, I will no longer deal with cabot regarding this debt, and in line with CCA 1974, I am formally returning the account to the original creditor and placing it into restrospective dispute for the full amount quoted as owing.

Failure to agree will result in more formal papers being sent, by return.

I look forward to your response within the next 14 days.

Yours faithfully,

Sign here digitally

never-in-doubt

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Letter to send Cabot

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Dear Cabot,

Your Ref: XXXXXXXX

I write with reference to previous communication, regarding the above numbered account.

This letter is to formally advise you that the account, being it is now retrospectively in dispute, has been returned to the Original Creditor to take the appropriate steps.

Please consider this my last letter to you, you should also send a copy to Barclays and, in line with current legislation, take note that any future contact made by you will be considered harassment and legal action will be not only swift but extremely firm.

Agreed £10 monthly payments will also cease forthwith immediately.

Yours faithfully,

Sign here digitally

never-in-doubt

What you do mate is send a copy of both letters to each, so a letter to BC + a copy of the Cabot letter. Then send the Cabot letter with a copy of your BC letter so both know exactly what is going on.

Send recorded delivery.

DO NOT SPEAK TO THEM IF THEY RING YOU AND DO NOT PAY ANYTHING ELSE OK?

cifpower

Thank you for letters. Will print off and post tomorrow.

One thing though - I do not have the sort code and account number for the account

never-in-doubt

cifpower wrote: »

Thank you for letters. Will print off and post tomorrow.

One thing though - I do not have the sort code and account number for the account

Ok, use the reference that you last used with each...... also letters have been amended so copy and spell check in the morning before printing......

Ive just changed them both slightly...... Do they make sense and are you happy with what i've typed? This is a starter threat, quotes from ICO/DPA/CCA etc will follow if they play silly beggars...... for the moment we'll try the softly softly approach and see what happens. You can see from reading it that they are to blame and not you.....

never-in-doubt

cifpower wrote: »

Thank you for letters. Will print off and post tomorrow.

One thing though - I do not have the sort code and account number for the account

Have you printed and sent the letters matey