Sutton's default removal letters

never-in-doubt

plum24 wrote: »

Hi never-in-doubt, thank you that would be an enormous help, i will get my self on here for 7pm.
Thanks again. Plum.

LOL, evidently not that important to sort out then eh?

Timestamp:

Today, 8:31 PM

plum24

Hi Never-In-Doubt,
I am honestly so sorry, i could not get on here last night. Please accept my apologies, i would be really grateful if you would still give me some advice completely understand if you would prefer not to though.
Many thanks again.
Plum.

jon_boy75

never-in-doubt wrote: »

Hi mate

Exactly. Just remember that Abbey are the Data Contollers and CRA's are the Data Processors and you are the Data Subject.

Check the response that I done in red to make sure I have listed them right as I sometimes call the processor the controller (habit)...... i'll go in now and amend them but you do need to send a reply using the red quotes I made (copy the whole thing and ping it back to the CRA with the letters from Abbey as back up).

Good luck! - keep us updated and forget legal action for now!

NID

Here is the latest response from Experian. I think he is getting confused, I've never disputed the existence of the account or disputed that the account/credit agreement was enforceable...he is clearly not reading the email properly.

Anyway, any help much appreciated as usual!!
thanks


3 August 2009
Dear Mr jon_boy75

Thank you for your e-mail received on 1 August and the attachments referring to your correspondence with Abbey.
I note the content of the letters you received from Abbey and your view that therefore the agreement you held with them is unenforceable and should not appear on your credit report.
The fact that a credit agreement is, or could be, considered unenforceable does not render the information held by the credit reference agencies inaccurate or inappropriate for the purpose for which it was obtained.
Providing details of how the account has been conducted would not be considered enforcement action under the Consumer Credit Act 1974. This is because by supplying us with the information, the company is not attempting to actually reclaim any money or goods they believe are outstanding.
You do not appear to be disputing the fact that you did have an account with Abbey. I am sure you would not have made a request to them for a copy of your default notice if you did not enter into an agreement with Abbey in the first place. When you opened your account with Abbey you will have consented to the data, including details of the conduct of the account, being recorded with a credit reference agency.
I can see that Abbey also confirmed that they sent the original default notice to you at the time the account went into default and that they have provided you with details of the standard notification they provide to defaulted account holders.
As outlined in my previous correspondence, by querying the accuracy of the information with Abbey we have complied with your rights and our legal obligations under the Data Protection Act and Consumer Credit Act.
We will therefore not be amending or removing this account from your credit report due to Abbey confirming that the details are accurate.
If you wish to obtain a copy of all the data we hold about you, including any responses to queries we have raised on your behalf, you will need to submit a formal data subject access request under section 7(1) of the Data Protection Act 1998.
Should you wish to make a Data Subject Access Request, you should make your application in writing, including your full name, address details for the last six years, date of birth and enclose the fee of £10. This will provide you with any information Experian as a business may hold in your name.
We are given 40 days upon receipt of your application to provide you with such a request. Please send your request to the address below:
Directors' Office, Regulatory and Consumer Affairs, Experian Ltd, PO Box 8000, Nottingham, NG80 7WF
I recommend that you take up the matter with a recognised regulatory body if you are wishing to seek a ruling that Abbey has breached certain legislation. We are not in a position to arbitrate in disputes of this nature or make rulings as to whether we feel a company has fulfilled their legal obligations.
Regulators, such as the Information Commissioner's Office, will investigate the individual merits of a complaint presented to them and then make a ruling based on their findings. This can lead to information being amended. I am therefore unclear why you appear reluctant to pursue this avenue when this seems to be the logical progression for a dispute of this nature.
I note that you are considering taking legal action including Experian and I would strongly recommend that you seek independent legal advice before doing so, rather than relying solely on the comments of individuals on various consumer forums.
As we have fulfilled our obligations and fully explained our position in respect of this account we will not be answering any further correspondence in relation to this matter.
We will of course act upon any instructions received by Abbey or a recognised regulatory body if they decide that an amendment should be made to this account information.
Kind regards

Paul Lever
Consumer Compliance Manager
Directors' Office

never-in-doubt

plum24 wrote: »

Hi Never-In-Doubt,
I am honestly so sorry, i could not get on here last night. Please accept my apologies, i would be really grateful if you would still give me some advice completely understand if you would prefer not to though.
Many thanks again.
Plum.

Hiya

come on later tonight - i'll be here 8-9pm if you need some help....

never-in-doubt

jon_boy75 wrote: »

I can see that Abbey also confirmed that they sent the original default notice to you at the time the account went into default and that they have provided you with details of the standard notification they provide to defaulted account holders.

Mate,

What is this exactly? Have they written confirming that a default was issued on XX date and they took this from a note on their systems or what? You told me they had confirmed that they have no default notice - so what have they sent you - exactly?

Can you re-type the letter Abbey sent you, or email me a copy deleting all personal data, so I can see exactly what they have sent?

I'll PM you my email addy now.....

Can you also tell me what have abbey said about this whole fiasco? It may be an idea to twist the screw on them - directly as opposed to hitting the ninsulent CRA.... It may be an idea if I do you a couple fo letters to send, get them working together..... I need some details though.

If you can, try and stay online for a while or PM me a time and i'll be here..

Cheers

jon_boy75

just quickly, they sent me a blank, standard default template...nothing else. speak later

never-in-doubt

jon_boy75 wrote: »

just quickly, they sent me a blank, standard default template...nothing else. speak later

LOL, thought as much! Laters matey :T

Spent200709

Hi NID,

With regards to my CCA requests:

EGG - Responded with a true credit agreement, don't think I can go far from here.
HSBC - No response (They received the request 17/06/2009)
Wescot - No response (They received the request 16/06/2009)

Which letter should I send next? I'm a little unsure as these accounts were closed some time ago.

Thanks

jon_boy75

never-in-doubt wrote: »

Mate,

What is this exactly? Have they written confirming that a default was issued on XX date and they took this from a note on their systems or what? You told me they had confirmed that they have no default notice - so what have they sent you - exactly?

Can you re-type the letter Abbey sent you, or email me a copy deleting all personal data, so I can see exactly what they have sent?

I'll PM you my email addy now.....

Can you also tell me what have abbey said about this whole fiasco? It may be an idea to twist the screw on them - directly as opposed to hitting the ninsulent CRA.... It may be an idea if I do you a couple fo letters to send, get them working together..... I need some details though.

If you can, try and stay online for a while or PM me a time and i'll be here..

Cheers

the last time I heard from Abbey they said their final response was no change...the default stands. It's all over £108 (made mostly of charges, but that was my 2nd line of attack). they believe they have sufficient proof that i defaulted, even though they have none of the letters. They have some notes on file (I haven't seen them yet) apparently. I can sincerely say I didnt receive a default notice...and I paid the outstanding amount within a few months.
That's about it. I will give you more detail when I get back on

never-in-doubt

jon_boy75 wrote: »

the last time I heard from Abbey they said their final response was no change...the default stands. It's all over £108 (made mostly of charges, but that was my 2nd line of attack). they believe they have sufficient proof that i defaulted, even though they have none of the letters. They have some notes on file (I haven't seen them yet) apparently. I can sincerely say I didnt receive a default notice...and I paid the outstanding amount within a few months.
That's about it. I will give you more detail when I get back on

Hiya Jon

Thanks for email - i've read the letters and thought as much, Abbeyare talking rubbish - they do indeed have to send you a copy. I'll compose a letter and email it you, and post on here later tonight - I need to get my head round things first ok?

Regards to the actual account, can you give me a brief outline as to developments to date, i.e. you had a bank account with overdraft and the limit was £XX, I then went overdrawn and exceeded my limit by £XXX. If you never exceeded limit please state.

I need to know what has happened to date as if i'm you..... just briefly in bullet point if you can? Did you ever move houses to stop receipt of default notice and has a DCA ever chased you? Did you pay the balance, how much was charges etc etc

cheers