Sutton's default removal letters

never-in-doubt

jon_boy75 wrote: »

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!

Yes mate, 31.16 is specifically to enforce production of the original document they fail to send you, beit agreement or default notice - and this would be put to the judge in such a way that would mean you cannot establish whether this is legally binding or not, without said document and the judge will then (usually) enforce in your favour and this gives the OC 30 days to provide it.

If they fail to do so, then you can claim enforcement which is when things may move away from the FT into district or worse!

You need it to stay in the small claims circuit mate - thats a fact! If they have stated by letter that they do not have your default notice, then stop what you're doing with this silly court action and return to basics.

Next steps for you:
Send a copy of that letter to the CRA's demanding they remove the default (at source) as there is no proof of lawful execution and as such, the DCA have broken the DPA 1st, 2nd, 3rd, 4th, 6th & 7th Principles by reporting the data in the first place as they are responsible for ensuring that the DCA did in fact follow statute which they evidently never.

The CRA should then write to the OC asking for proof, they will get the same 'fob-off' as you at which point they will remove the default at source for you.

Remember, the CRA have to ensure the data they post is accurate (4th Principle)....

read the DPA principles for more understanding: http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_9

Sammiec0108

never-in-doubt wrote: »

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!

Morning NID,

Thanks for this, the answers to your questions are the following:

- Amount of default was £1225 (Below the agreed overdraft limit of £1250)
- HSBC registered the default with my credit agency
- I'm not sure of the exact date of default, i have re-ordered a credit agency file to get the exact date
- It is marked as settled
- I paid the full amount over the phone the morning the DCA letter came through the door
- As i am aware there were no charges
- Neither said it would last 6 year, DCA letter stated it would stay on there until i paid it off in full, which i have, but the hsbc mark remains, i have never recieved any correspondence from HSBC at all
- My parents dont bank with HSBC
- I never recieved any letters from HSBC (i changed address but had they sent any to the old house having ignored my change of address form the letters would have been forwarded by the postal order to my new address)
- I didnt recieve an NOA

One further thing, the DCA letter reached me fine having been redirected from my previous address but nothing turned up from HSBC proving that the re-driection of post was in operation the entire time.

The DCA letter was originally dated 24th Jan 08, it arrived at the new house on 2nd Feb 08 (after redirection) the bill was paid in full on the 2nd Feb i have an authorisation number from the DCA

I hope that is sufficient info, let me know if there is anything else, i'll let you know the exact date of the default when my credit file arrives

Thanks again,

never-in-doubt

Hiya Sammie,

Right that all helps so in essence, HSBC unlawfully added a default to an account that was not in breach of the T&C's of the account as you were still within the agreed limit.

They than passed this to a DCA (what is the name of the DCA) who chased you for payment, you paid and then a default appeared?

I need to know what date the default was added, from memory was it added before the DCA wrote to you or after - bottom line, they cannot add a default if they were not assigned the debt and especially not if you never knew they even existed (i.e. lack of comms from hsbc).....

Its the default i'm concerned with, I need to know the approx date it was added as this is the key factor.

cifpower

Barclays have received their letter.

Ooooh fun!

jon_boy75

never-in-doubt wrote: »

Yes mate, 31.16 is specifically to enforce production of the original document they fail to send you, beit agreement or default notice - and this would be put to the judge in such a way that would mean you cannot establish whether this is legally binding or not, without said document and the judge will then (usually) enforce in your favour and this gives the OC 30 days to provide it.

If they fail to do so, then you can claim enforcement which is when things may move away from the FT into district or worse!

You need it to stay in the small claims circuit mate - thats a fact! If they have stated by letter that they do not have your default notice, then stop what you're doing with this silly court action and return to basics.

Next steps for you:
Send a copy of that letter to the CRA's demanding they remove the default (at source) as there is no proof of lawful execution and as such, the DCA have broken the DPA 1st, 2nd, 3rd, 4th, 6th & 7th Principles by reporting the data in the first place as they are responsible for ensuring that the DCA did in fact follow statute which they evidently never.

The CRA should then write to the OC asking for proof, they will get the same 'fob-off' as you at which point they will remove the default at source for you.

Remember, the CRA have to ensure the data they post is accurate (4th Principle)....

read the DPA principles for more understanding: http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_9

ok mate, thanks very much

I will put the court proceedings on hold and write to the CRA's. I have spoken with them at some length and they have stressed they will NOT remove the default unless Abbey tell them to. However, you have a good point, and I have 2 letters stating they have no default notice. That should suffice, unless I deal with the same simpletons I have so far dealt with!
If that fails I will hit them (Abbey) with the 31.16 and continue proceedings with that information (or lack of) to hand.
Your advice is much appreciated fella, thankyou!

never-in-doubt

cifpower wrote: »

Barclays have received their letter.

Ooooh fun!

Marvelous - they will have done anyway cos the DCA will have had to have sent them a copy, in line with your demand

Watch the fun begin...... we both know they aint going to remove it, but worth a good go :eek:

never-in-doubt

jon_boy75 wrote: »

ok mate, thanks very much

I will put the court proceedings on hold and write to the CRA's. I have spoken with them at some length and they have stressed they will NOT remove the default unless Abbey tell them to. However, you have a good point, and I have 2 letters stating they have no default notice. That should suffice, unless I deal with the same simpletons I have so far dealt with!
If that fails I will hit them (Abbey) with the 31.16 and continue proceedings with that information (or lack of) to hand.
Your advice is much appreciated fella, thankyou!

Right mate, the CRA's always use this as a get-out but the key point here is that you have proof from the OC that there is no default letter and as such you have to demand the CRA's remove all trace of the entry due to breaches of the DPA principles...... at the end of the day they will remove it as they can then be sued.

Use email mate - better and easier to deal with! [EMAIL="lee.hancock@uk.experian.com"]lee.hancock@uk.experian.com[/EMAIL] or [EMAIL="paula.cloney@equifax.com"]paula.cloney@equifax.com[/EMAIL] or [EMAIL="lindsey.dunn@callcredit.co.uk"]lindsey.dunn@callcredit.co.uk[/EMAIL]

The above are all top contacts at the CRA's who can deal with this for you....... you will need to have a scan of the letters to allow you to email them the proof.

jon_boy75

never-in-doubt wrote: »

Right mate, the CRA's always use this as a get-out but the key point here is that you have proof from the OC that there is no default letter and as such you have to demand the CRA's remove all trace of the entry due to breaches of the DPA principles...... at the end of the day they will remove it as they can then be sued.

Use email mate - better and easier to deal with! [EMAIL="lee.hancock@uk.experian.com"]lee.hancock@uk.experian.com[/EMAIL] or [EMAIL="paula.cloney@equifax.com"]paula.cloney@equifax.com[/EMAIL] or [EMAIL="lindsey.dunn@callcredit.co.uk"]lindsey.dunn@callcredit.co.uk[/EMAIL]

The above are all top contacts at the CRA's who can deal with this for you....... you will need to have a scan of the letters to allow you to email them the proof.

excellent...thankyou so much
I will keep you posted

Jon

Sammiec0108

never-in-doubt wrote: »

Hiya Sammie,

Right that all helps so in essence, HSBC unlawfully added a default to an account that was not in breach of the T&C's of the account as you were still within the agreed limit.

They than passed this to a DCA (what is the name of the DCA) who chased you for payment, you paid and then a default appeared?

I need to know what date the default was added, from memory was it added before the DCA wrote to you or after - bottom line, they cannot add a default if they were not assigned the debt and especially not if you never knew they even existed (i.e. lack of comms from hsbc).....

Its the default i'm concerned with, I need to know the approx date it was added as this is the key factor.

Hi NID,

I decided to pay the monthly fee to Experian (i will cancel before the next bill comes out) now that i have the wheels in motion i didnt want to let it fade into the distance!

Anyway the default was filed by HSBC, the experian report shows the the account was defaulted on 14/1/2008, with the 'file updated to the period to' on 2/3/2008. Is there any further details you require?

Thanks again for taking the time to have a look at my case!

One small query, it seems that Cap1 didnt credit search me as it hasnt shown up on my credit report, also there is no mention of the Cap1 card on my report, i have only had it about 2 months, is this kind of delay normal?

never-in-doubt

Sammiec0108 wrote: »

Hi NID,

I decided to pay the monthly fee to Experian (i will cancel before the next bill comes out) now that i have the wheels in motion i didnt want to let it fade into the distance!

Anyway the default was filed by HSBC, the experian report shows the the account was defaulted on 14/1/2008, with the 'file updated to the period to' on 2/3/2008. Is there any further details you require?

Thanks again for taking the time to have a look at my case!

One small query, it seems that Cap1 didnt credit search me as it hasnt shown up on my credit report, also there is no mention of the Cap1 card on my report, i have only had it about 2 months, is this kind of delay normal?

Me thinks the site will crash soon - its doing weird stuff!

Righty-ho,

HSBC filing the default is NOT what I wanted to hear.... however, means we now look to get them on a technicality as opposed to a legal fux up so to speak..... So between jan 2007 and jan 2008 you'd moved addresses and they have now linked you and under linked addresses, it shows the default?

Please don't tell me the default is at your current address..... if so then you can get it wiped as they did not know you lived there on 14th jan 2008 (default date) being you got a debt letter on 24th Jan 08..... what I mean is how did hsbc know it was you.... the 4th principle (http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_9) clearly states that they must be 100% certain of the debtor before taking action..... if they were 100% certain then why no letter to you before adding the default....!

I'll sort you a letter and do it sunday night, is that ok with you...?

Regards to Cap1, this will show the search on Equifax as they deal with Equifax. The data will report to Experian, in time though.