Sutton's default removal letters

never-in-doubt

Jon Boy, I assume then that you're going for judgement to remove default? If so good luck, they will just fight it and chances are it'll be passed to DJ which = £££££££££

You'd have been better to demand sight using CPR31.16 under the pretext that you need it to check for enforceability and then the Judge would actually award you and enforce they supply document to you.

I think you're jumping the gun and its a costly method but good luck..... hope it works for you.

cifpower

Well I printed and sent off my letters today - a copy of each to both Cabot and Barclays. I included my previous address so that Barclays can trace me.

Let's see what comes of it!

cifpower

Cabot received their letter this morning.

God knows why but I am nervous about what may happen!

never-in-doubt

cifpower wrote: »

Cabot received their letter this morning.

God knows why but I am nervous about what may happen!

Did you send special or recorded mate? Sounds like you done a special lol

Don't worry but whatever you do DO NOT SPEAK TO THEM on the phone! You cannot do this anymore mate, you have to say 'sorry please write to me' and hang up.

Rude, maybe, but the way it is. :beer:

Keep me posted

cifpower

never-in-doubt wrote: »

Did you send special or recorded mate? Sounds like you done a special lol

Don't worry but whatever you do DO NOT SPEAK TO THEM on the phone! You cannot do this anymore mate, you have to say 'sorry please write to me' and hang up.

Rude, maybe, but the way it is. :beer:

Keep me posted

I sent them first class recorded.

Since dealing with Cabot I have changed my phone number from Virgin to BT so luckily they don't have my current number.

never-in-doubt

cifpower wrote: »

I sent them first class recorded.

Since dealing with Cabot I have changed my phone number from Virgin to BT so luckily they don't have my current number.

Nice one, well lets see what happens now then! :beer:

As a side note, it is practice for the DCA to pass back to the OC is case of query so they too will pass back to barclays. If they do not they have yet again breached another Act which is punishable by fine.

Sammiec0108

Hi NID, me again

I'm taking your advice and thought i would seek advice before i persue trying to remove a default notice on my credit rating.

Firstly my situation (i'm not sure if this is the right thread as it's a default on a student account not a CC)

I was a student from 04-07 i graduated in July 2007 with a student account with HSBC. During my final year at uni, my parents moved house (where my account was registered) and so i had to fill in a change of address form. I did this and thought this would be the end of it as i didnt hear anything, my parents and brother also filled out their details on the same form.

In July 2007 i graduated having moved house in January 2007, everything seemed fine. Having just graduated my overdraft was at its maximum (but within the agreed limit). I heard nothing from HSBC, and perhaps being young and nieve, i let this account sit.

In January 2008 i got a debt collection letter through from Metropolitan Collection Services (it was originally addressed to my old residence but had been forwarded due to a forwarding service set up with the postal service)

This scared me ALOT and so having got a job recently before i paid this off immediately and settled the account. The debt collection letter stated "...it (being the debt) will not go away and will remain registered with a Credit Reference Agency until it is paid in full". Having paid this i thought that was the end of it.

I was wrong earlier this year i was thinking of applying for a CC, i got an experian report and found the HSBC default. I know i think it was probably a product of my youth and nievety that i ended up in this mess, but at the same time HSBC never sent me a notice of default, either to my new address nor my old address (if they had it would have been forwarded onto my new address, either autmotically or by the new resident).

Having read various sources on this website, it seems it is illegal to serve a default notice if the bank havent issued a formal notice/warning of a default being served, is this the case?

Finally do i have a case against the default and if so how do i go about persuing it?

I have formulated the letter below, what do you think? PS sorry about the essay

"HSBC Bank Plc
8 Canada square
London
E14 5HQ

Friday 31st July 2009

Dear Sir or Madam

Account number - xxxxxxxxx
Sort Code - xx-xx-xx

After recently obtaining a copy of my credit file from Experian Credit Reference Agency I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully"

never-in-doubt

Hi Sammiec,

Just bear with me and i'll sort this for you before Monday - ready to print and post.

The above template is fine, yea, but i'd be adding lots more to it (the above is a prove it letter for default).

Can you tell me:

- Amount of default
- Who registered the default (i.e. hsbc or DCA)
- date of default
- amount of default
- is it settled
- how much did you pay to clear the account and who did you pay
- was there a lot of charges (i.e did the amount you pay match the amount you used to owe)
- was it hsbc or dca that told you it would remain for 6yrs
- do your parents also bank with hsbc
- did you ever receive a termination letter or default warning (not default notice)
- did you receive Notice of Assignment (NOA) confirming they had sold to a dca (only relevent if the dca added default notice)

Let me know the above and i'll be here all sunday night so try and be around if you can to help answer any questions! lol thanks!

jon_boy75

never-in-doubt wrote: »

Jon Boy, I assume then that you're going for judgement to remove default? If so good luck, they will just fight it and chances are it'll be passed to DJ which = £££££££££

You'd have been better to demand sight using CPR31.16 under the pretext that you need it to check for enforceability and then the Judge would actually award you and enforce they supply document to you.

I think you're jumping the gun and its a costly method but good luck..... hope it works for you.

hmmm, I did not know that! They already stated to me twice in writing they dont have a default notice...only a standard template. I will look into amending the details or my court claim. If the claim stays in the small claims track, am i right to assume I wont be liable for their costs, whatever happens?

jon_boy75

jon_boy75 wrote: »

hmmm, I did not know that! They already stated to me twice in writing they dont have a default notice...only a standard template. I will look into amending the details or my court claim. If the claim stays in the small claims track, am i right to assume I wont be liable for their costs, whatever happens?

Hi NID

I keep thinking of things here...I'm not applying to see any agreement of any kind, just the default notice. Would 31.16 still be useful to me? I already applied for disclosure under DPA with an SAR. This has been ignored. Did the same using CCA, just to see anything relating to the account. I did receive a signed copy of my bank account application form!
I believe I can still use 31.16 even though proceedings have started...I just need to pull my finger out!