Sutton's default removal letters

Sammiec0108

Thats fine NID, whenever is convienient with you, i still maintain i never recieved any notices from HSBC if i had any idea they were persuing a default notice i would have paid just like i paid the DCA (metropolitan collection agency) straight away!

Anyway having cemented a hatred for HSBC now, i guess all i can do is proceed with the letters.. thanks alot for all your help!

PS: just seen the latest credit report and capital one is on there, with a couple of nice green zeros on it as well yay!!

never-in-doubt

I have edited the last post a little...... can you confirm that this is correct?

I'll be here say 7pm Sunday, is that ok with you....? If not them email me with your email addy and i'll get back to you:

Sammiec0108

NID,

The default is listed at my previous address, i assume this means my change of address never got processed. This would mean they would still have to send a notice of default to my old address which would have been forwarded...correct?

Anyway i'll leave it in yuor more than capable GURU like hands, I'll email you just to open up some comms and just get back to me when you can

Thanks again

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.

I got a reply from Experian already...that was flippin quick! Either they want me off their back or they're now listening to me...what do you think?

Dear Mr Jon_boy75
Thank you for your e-mail received earlier today.
I note that the second half of your e-mail is identical to a recent letter that you sent to us that I replied to on 7 July 2009. A further copy of my response is attached below.


With regards to the defaulted account recorded by Abbey, we have queried the accuracy of this information on two separate occasions and in both instances Abbey have not authorised any amendment to be made, thereby confirming the accuracy of the data.
We are not permitted to amend or delete account information without authorisation to do so from the company who supplies that data to us so therefore the Abbey defaulted account will remain on your credit report.
Contrary to your assertion, the Information Commissioner's Office has recently sent correspondence to us confirming that we are not required to do anything other than querying the accuracy of data with the company who supplied us with information being disputed by a consumer.
We are not required to seek supporting documentation to substantiate the accuracy of the data.
A quote taken from the letter we received from the Information Commissioner's Office read as follows:
"By querying the data with the lender, I confirm that you have taken reasonable steps to ensure the accuracy of it. You are correct that you do not need to carry out a detailed or forensic examination of the basis under which the lender says that the information is accurate."
I trust that this confirms that we have fulfilled our legal requirements under the Data Protection Act 1998 by querying the Abbey account on your behalf.
If you wish to pursue this matter you may wish to consider raising a complaint with the Information Commissioner's Office concerning the Abbey defaulted account, as they may make a ruling in your favour if they believe that Abbey has not complied with the Data Protection Act.
In the meantime, we will retain the Notice of Dispute statement alongside the Abbey defaulted account on your credit report to continue to show your viewpoint that you believe the information to be inaccurate.
Kind regards

Paul Lever
Consumer Compliance Manager
Directors' Office

jon_boy75

Haven't sent them the Abbey letters yet cos they're at home, but will do tomorrow. Hope that changes things, but uncertain now. Is it true they've done enough to satisfy their obligations?

never-in-doubt

jon_boy75 wrote: »

I got a reply from Experian already...that was flippin quick! Either they want me off their back or they're now listening to me...what do you think?

jon_boy75 wrote: »

Dear Mr Jon_boy75
Thank you for your e-mail received earlier today.
I note that the second half of your e-mail is identical to a recent letter that you sent to us that I replied to on 7 July 2009. A further copy of my response is attached below.

That is irrelevant because you, yourself have habit of sending duplicate blanket letters with no preference given to individuality.

With regards to the defaulted account recorded by Abbey, we have queried the accuracy of this information on two separate occasions and in both instances Abbey have not authorised any amendment to be made, thereby confirming the accuracy of the data.

Can you confirm what exactly Abbey have said, it is my understanding that failure to respond does not constitute acceptance of data and I therefore request you supply me with the substantiated answer given by Abbey. If they simply failed to respond then the data must be removed.

It is not unto Abbey to authorise amendments, certainly not whilst I’m issuing you with legal threats which as the data processor, you are in fact providing the libellous data and not Abbey. Do you need me to remind you of your obligations and in particular the Data Protection Act (4th Principle)?

Quote:
- Personal data shall be accurate and, where necessary, kept up to date.

We are not permitted to amend or delete account information without authorisation to do so from the company who supplies that data to us so therefore the Abbey defaulted account will remain on your credit report.

This is incorrect and I suggest you seek clarification as to your legal obligations. I have insisted on numerous occasions that Abbey substantiate the claim that they hold a valid and properly executed default notice and I have in writing confirmation that they do not. As they cannot provide you with proof of this default then you must remove the details as libellous and slanderous against me, which as you are making public, leaves you totally liable not Abbey.

I therefore insist this is immediately removed prior to my seeking enforcement using CPR 31.16 via the county court. As you know full well, if the Original Creditor (Abbey) cannot substantiate the data they have processed, as the data contoller, then you cannot leave it live as it immediately removes the onus of doubt from them to Experian as the data processor.

Contrary to your assertion, the Information Commissioner's Office has recently sent correspondence to us confirming that we are not required to do anything other than querying the accuracy of data with the company who supplied us with information being disputed by a consumer.

Contrary to your assertion, the ICO would not intervene with regard to a singular case such as this, instead they would use blanket or generalised details. As I have clearly stated that the OC does not hold any kind of Default Notice (i.e. it cannot be substantiated) then you must remove the data. May I suggest you go back to the ICO and ask them to confirm this to you, as they have already done so for me?

You are the data processor and as such you become responsible and ultimately responsible for all content issued by the OC. I have made you aware that the entry is inaccurate and as such you can and should remove the false entry. Without proof of the default notice how can you say it was executed properly and in line with CCA1974 and DPA regulations? You simply cannot. No proof means non existent.

We are not required to seek supporting documentation to substantiate the accuracy of the data.

Yes, I think you'll find that you do have to request proof from the company if the data is questioned, especially in such a way as my querying the actual legal compliance of said notice and assignment in the first place.

A quote taken from the letter we received from the Information Commissioner's Office read as follows:
"By querying the data with the lender, I confirm that you have taken reasonable steps to ensure the accuracy of it. You are correct that you do not need to carry out a detailed or forensic examination of the basis under which the lender says that the information is accurate."

I note the content of the ICO but again request you formalise the matter by actually mentioning the fact that the lender has indeed acted inappropriately as the consumer (me) is querying the actual issuance and legal compliance of said document. Without an official document proving that a default should exist then one simply cannot exist.

May I respectfully request you seek clarification on this matter from the ICO or someone with a greater knowledge than yourself?

I trust that this confirms that we have fulfilled our legal requirements under the Data Protection Act 1998 by querying the Abbey account on your behalf.

Not in the slightest, this letter will be used in litigation by me, as proof of Experians continual inability to conduct itself in the proper manner afforded by way of licensing.

If you wish to pursue this matter you may wish to consider raising a complaint with the Information Commissioner's Office concerning the Abbey defaulted account, as they may make a ruling in your favour if they believe that Abbey has not complied with the Data Protection Act.

I will deal with this in due course but for the foreseeable future, my demand remains that Experian substantiate the data supplied by Abbey and request a formal letter confirming proof of any claim of default, in writing within the next 21 working days.

In the meantime, we will retain the Notice of Dispute statement alongside the Abbey defaulted account on your credit report to continue to show your viewpoint that you believe the information to be inaccurate.

It is not my 'viewpoint' it is a simple fact that Abbey have supplied incorrect information as I never received any official notification nor have you. I do have a couple of letters from Abbey confirming they cannot provide me with a default notice as they do not have one! If they do not have one then how, in a court of law, can they say they the legally executed one when part of said execution is the correct management and filing of the default notice?

Kind regards

Paul Lever
Consumer Compliance Manager
Directors' Office

Mate,

You need to reply to each of his points as I have in red. Then report this, formally, to the ICO (ring to check first) and go that route.

Now you know why I said leave the legal stuff til last cos if you get judgement, it needs to be enforced which right now will not happen....

Hope that helps for now, then we'll see what they say next time lol

Bunch of wasters.......

jon_boy75

never-in-doubt wrote: »

Mate,

You need to reply to each of his points as I have in red. Then report this, formally, to the ICO (ring to check first) and go that route.

Now you know why I said leave the legal stuff til last cos if you get judgement, it needs to be enforced which right now will not happen....

Hope that helps for now, then we'll see what they say next time lol

Bunch of wasters.......

amazing! Ok, i will send that tomorrow along with the Abbey admission letters.

Meantime I am putting the court case on hold pending the CPR 31.16 request. I'm pretty sure they will do that while we await the info, it's in the courts interest I guess.

I will post Experian's reply asap.

Once again, thanks!

never-in-doubt

woah mate - stop the court action.... leave things be until you sort this mate!

jon_boy75

ok, will do...i was just gonna hold it as i have zero faith in either them or the CRAs complying with my removal request.
however, you've advised me well so far...i will cease the action

jon_boy75

jon_boy75 wrote: »

ok, will do...i was just gonna hold it as i have zero faith in either them or the CRAs complying with my removal request.
however, you've advised me well so far...i will cease the action

Just as an aside, I dont think CPR 31.16 is much use to me given that Abbey have already admitted they dont hold a copy of the Default Notice. Is that right?

CPR 31.16 is only usually used when trying to establish the existence of certain documents. I think