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Sutton's default removal letters

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  • cifpower
    cifpower Posts: 6,502 Forumite
    Have you printed and sent the letters matey :D
    Not yet. The post office was closed today so could not send them recorded as per your advice. I am away for a few days so will send them on Wednesday when I get back.

    Apropos of this, what address should I use for Barclays Bank?
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    cifpower wrote: »
    Not yet. The post office was closed today so could not send them recorded as per your advice. I am away for a few days so will send them on Wednesday when I get back.

    Apropos of this, what address should I use for Barclays Bank?

    Cabot:

    Cabot Financial (Europe) Limited
    PO Box 241
    West Malling
    Kent
    ME19 4NA

    Barclays:

    Customer Relations
    Barclays Bank PLC
    1 Churchill Place
    FREEPOST
    RTLA-CSUE-TCHC
    London
    E14 5HP

    Remember, although it is freepost you want to pay for the recorded delivery element....... :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Ok, good luck and let us know hoe you get on.... :beer:

    OK now received a signed credit agreement from EGG but no response from Wescot and HSBC as of yet.

    They received the CCA request letters on the 16th & 17th July.

    With EGG having a signed agreement am I right in assuming there his no where to go with this? They Defaulted me Nov 2004 according to Equifax but I have never received a default notice from them?

    Any advice much appreciated.
  • dukey
    dukey Posts: 63 Forumite
    Dukey - haven't I already done you a letter and PM'd you ages ago! Check your private messages inbox or look here! I'm sure i've already worked on this for you....?
    Yeah but you told me to send the wrong one! I got a response from Orange saying that they arent covered by the CCA and therefore dont hold signed copies of contracts etc. Basically they said they have no record of my original dispute and therefore wont remove it.
  • mabski
    mabski Posts: 172 Forumite
    dukey wrote: »
    Yeah but you told me to send the wrong one! I got a response from Orange saying that they arent covered by the CCA and therefore dont hold signed copies of contracts etc. Basically they said they have no record of my original dispute and therefore wont remove it.

    im new to all this ,so forgive me if this sounds stupid
    but if orange dont keep copies of their contacts how can they enforce them
  • dukey
    dukey Posts: 63 Forumite
    They're a communications company and the agreement with them is different to loans etc. I dont understand the technicaliies but it means that they dont have to follow the same rules. They can apply defaults without telling you, they dont have to keep records and seemingly they can treat their customers like something they have scraped of their shoes.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    dukey wrote: »
    They're a communications company and the agreement with them is different to loans etc. I dont understand the technicaliies but it means that they dont have to follow the same rules. They can apply defaults without telling you, they dont have to keep records and seemingly they can treat their customers like something they have scraped of their shoes.

    They do, however, have to provide a copy of the default notice. Although regards to CCA this is true because they are not issuing credit, it is a utility.

    If you give a brief explanation what is wrong and what has happened cos i've been busy, i'll take a look for you. Not promising anything cos utilities are a nightmare unless you owe a balance and can pay it off - then we can bargain with them.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    mabski wrote: »
    im new to all this ,so forgive me if this sounds stupid
    but if orange dont keep copies of their contacts how can they enforce them

    Every company has to keep records for 6yrs, HMRC stipulate this so they do have to. What Dukey says is half right in that they do not provide CCA's as they do not issue credit, they are providing a subscription utility service.

    They will provide the data if you demand it hard enough, maybe even seeking CPR 31.16 but if you enforce it then they have to provide it. If they can't (which most can't) prove it then the debt becomes unenforceable and the default would have to be removed as there would be no agreement and no agreement means that you never gave permission to share data.....

    You can still demand a copy of the Default Notice, you'd request it in line with the 6th Principle of the DPA or s.87 but they may say no to s.87 and they'd be half-right to refuse if they wanted.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wayne99
    wayne99 Posts: 352 Forumite
    edited 28 July 2009 at 7:59PM
    Hi NID,

    as discussed in pm's with you,

    I have been going through my credit report which i have recieved from experian, there are a couple of defaults on there that i do not recognise and have never recieved default notices for but the dca's that now have the debts have registered defaults on my credit report, iam unsure what to do, i was just going to bite the bullet and offer a reduced settlement in exchange for the defaults being removed from my file and not marked as settled / sattisfied, what would you suggest i do ? offer settlement ? dispute the debts completely ? what letter templates should i use ?

    CABOT Financial
    started 25/09/06 - default £217
    defaulted 30/07/07
    current balance £237
    status 8 ?
    file updated 24/05/09
    my old address details are recorded


    Credit account management
    started 13/11/06 - default £211
    defaulted 16/11/07
    current balance £314
    status 8
    file updated 19/07/09
    my old address details are recorded


    these are what are on the experian stat report, the equifax report hasnt arived yet, but i would imagine there will be a few more when that arives, i would like to add, i have never acknoldged these debts, recieved letters for these debts, recieved default notices for them, or made any payments towards them.

    iam not trying to get out of paying them off, but where i stand ?

    edited: can i add i moved home on 25th march 2008 so plenty of time to of recieved the relevent info at my old address, which is the address where these defaults are registered.
    :j:beer: :beer::j
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hi Wayne,

    I'll come back to this in a day or two as really busy right now........ but don't worry, without the Equifax report i'd be prone to waiting as it makes sense to see what appears on both for the moment...... gives me time to look into it for you as well....

    Don't worry about CallCredit but when you get Equifax post what they say about you..... also, who were the OC's? Credit Act Management used to be Phoenix and so i'd say was a Littlewoods account - if so be specific what type of account?

    Regards to payment, dont worry about this! Just hold fire til you get the Equifax report then post back and PM me mate....

    Cheers
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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