Sutton's default removal letters

plum24

Although i would prefer them gone, it seems much more sensible to sit it out. So are you saying that by using only those on the Experian list the defaults will remain 'out of sight' almost.
Thank you Never-In-Doubt you help and advice is very much appreciated!
Plum.

never-in-doubt

plum24 wrote: »

Although i would prefer them gone, it seems much more sensible to sit it out. So are you saying that by using only those on the Experian list the defaults will remain 'out of sight' almost.
Thank you Never-In-Doubt you help and advice is very much appreciated!
Plum.

I know what you mean, they are better gone but the risk remains that they 'could' link him to the third address (i.e. the default address) which would then update to experian meaning if you lose and they simply refuse to remove the default then he will be unable to get ANY credit whatsoever until 2011. At least as things stand he could apply to, say for instance MBNA, who only search Experian and get accepted but should he apply to Sygma who only search Equifax, he'd get declined.

See what I mean?

I'd be leaving things alone, so long as you;re 100% certain that nothing shows on experian, and this means looking at addresses and under linked addresses it should NOT show the default address. If this is true then leave things alone.

scarednshakin

Bit of history, after more or less sorting myself out my OH decided that he had to do the same.

Did not realise how much debt he was in and am slowly sinking trying to sort it out. He has managed a couple of F&F settlements and the others I have sent CCA letters to.

Pretty sure that the CCAs he got from LLoyds and Mint are ok - don't know how to scan stuff on, but have rate of interest and that credit limit will be at decided by them.

He got a reply from BOS and I am very confused by it. The letter states 'I have enclosed the required documentation to demonstrate a fully executed agreement under section 78 of the CCA 1974 which is the equivalent request under UK law.

This constitutes

- statements complying with section 78 of the CCA 1974 were issued to you on a monthly basis, the most recent statement was issued 18/6/09.
- a copy of the terms and conditions (both current and historic).
This executed credit agreement fulfils your request for a copy of the contract binding both parties.

As you are aware, this account was opened on 08/04/07 on your application, a copy of which we have provided to you previously. You are the main card holder and responsible for the account.'

OK the problem with this is that they have sent out an agreement with my OH name and current address and one with his name and previous address, we moved 18 months ago.

Also it states that the account was opened in 2007, but he has had this card for about 14/15 years. Mentioned in the letter is also that they have previously sent out a copy of the application to him, as far as he is aware he has never received this and has never asked for it.

Sorry again for the pm but I am going round n round in circles at the moment and don't know what to do next.

Many, many thanks for any help you can give and sorry for being dim if I am missing something obvious.

jon_boy75

never-in-doubt wrote: »

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

ok, bear with me...Im just looking through the files:

• Had current account with Abbey from September 98 to Jan 2007
• Had overdraft arrangements at varying amounts over that period
• In late 2006 I decided to try and close the account due to excessive bank charges throughout
• Eventually closed the account on 8th Jan 2007
• I then started a claim against them for bank charges, which they eventually settled out of court in June 2007 (for approx £2,700)
• At no point had I ever received a letter about a default, default notice or warning of a possible default
  • In fact I have a letter here from May 2007 stating "It is unlikely that any adverse information has been registered against you in connection with this matter"
• Then, in 2009 I look at my CallCredit report and notice a default from Abbey relating to this old account for £108, marked satisfied.
• I write to Abbey to ask them to verify or correct it, so their response is to post a default with Experian....3 years late!
• And so I've been at war with them since then to have it substantiated or removed...and that's where you come in!
• And so to the last few transactions on the account

At this point I had paid any overdraft off in preparation for closing the account:

• 22/12/06 - Cheque Returned - £100 - £108.73 OD
• 30/12/06 - Unpaid Chq Charge - £35- £142.73 OD
• 30/12/06 - Unpaid Chq Charge - £35- £178.73 OD
• 05/01/07 - Charge refund - £35- £143.73 OD
• 05/01/07 - Charge refund - £35- £108.73 OD
• 08/01/07 - Bank Giro Credit - £108.73 - £0.00
• end of account

Ok, you have to realise, I only just got this info myself...this is completely nuts. I settled the account within 3 days of the £108.73 debit being noticed...I have no default notice with no dates indicating WHEN i was meant to have defaulted.

never-in-doubt

Jon,

Can you confirm is the default only showing on call credit? If so then i'd leave things alone - the last thing you want is to put this into dispute and then lose for them to update all 3 cra's - no-one uses callcredit for new credit, only monument who no longer offer credit anyway!

Think hard before you proceed mate - as I mentioned to plum, sometimes it is better to walk away with a mini victory than a slap in the chops and be worse than when you started.....

never-in-doubt

scarednshakin wrote: »

Bit of history, after more or less sorting myself out my OH decided that he had to do the same.

So do you have defaults etc or are you all sorted now?

scarednshakin wrote: »

Did not realise how much debt he was in and am slowly sinking trying to sort it out. He has managed a couple of F&F settlements and the others I have sent CCA letters to.

Is everything recent or dated a while back? Post 04/07 will be no use arguing. How many accounts are you talking about and what is the effect on his CR file?

scarednshakin wrote: »

Pretty sure that the CCAs he got from LLoyds and Mint are ok - don't know how to scan stuff on, but have rate of interest and that credit limit will be at decided by them.

Have a read here to check prescribed terms and what to do and look for: http://forums.moneysavingexpert.com/showthread.html?p=20459935#post20459935

scarednshakin wrote: »

He got a reply from BOS and I am very confused by it. The letter states 'I have enclosed the required documentation to demonstrate a fully executed agreement under section 78 of the CCA 1974 which is the equivalent request under UK law.

What had he sent to make them send the letter? Did it come out the blue?

scarednshakin wrote: »

This constitutes

- statements complying with section 78 of the CCA 1974 were issued to you on a monthly basis, the most recent statement was issued 18/6/09.
- a copy of the terms and conditions (both current and historic).
This executed credit agreement fulfils your request for a copy of the contract binding both parties.

Ok, this makes sense. This suggests he has either issued a CCA or SAR request and they have complied by sending a CCA, statements of account and copy of all terms of account. These can be copies of the original or a true likeness - for instance if his terms were from 1990 and they sent you 2007 terms this is unlawful and in breach of s.78.

scarednshakin wrote: »

As you are aware, this account was opened on 08/04/07 on your application, a copy of which we have provided to you previously. You are the main card holder and responsible for the account.'

So it looks like they have issued new terms as at 04/2007 (coincidence that this is the unenforceability cut off date dont you think?) so my question here is either he used to have a card that was bought out by HBOS (maybe marbles or something).... can you tell us the card type?

More info is needed anyway - way too vague to actually assess anything at this point

scarednshakin wrote: »

OK the problem with this is that they have sent out an agreement with my OH name and current address and one with his name and previous address, we moved 18 months ago.

Ok, its normal for them to use 'cut and paste' and can easily be proved.

scarednshakin wrote: »

Also it states that the account was opened in 2007, but he has had this card for about 14/15 years. Mentioned in the letter is also that they have previously sent out a copy of the application to him, as far as he is aware he has never received this and has never asked for it.

Sorry, please elaborate!

scarednshakin wrote: »

Sorry again for the pm but I am going round n round in circles at the moment and don't know what to do next.

Many, many thanks for any help you can give and sorry for being dim if I am missing something obvious.

Don't worry about the PM, you do though need to give me some idea as to what you're trying to achieve, what the problem is and what the history is across the board!

I wouldn't sit there arguing for one default removal if I had 4 others, see my point? Its a case of clear the whole credit file or leave it - there is no medium as one default will affect you the same as 100 defaults will.

Come back to me with some answers and i'll be able to help better

wwwtom

Hi NID,

I realise that you are probably snowed under helping everyone else, and I
sincerely appreciate any help that you can offer.

My post here outlines the steps I have already taken, as of yet, Abbey are yet to respond.

After a long think this evening, is it worth me trying to send them a sympathy letter along the lines of...

I accept that I have made mistakes and take full responsibility for my actions but I am asking you, as a gesture of good will, to remove the default notice.

Do you think I should just sit it out for the next few days and wait for their response?

Thanks for your help and any advice that you can offer.

Tom

never-in-doubt

wwwtom wrote: »

Hi NID,

I realise that you are probably snowed under helping everyone else, and I
sincerely appreciate any help that you can offer.

My post here outlines the steps I have already taken, as of yet, Abbey are yet to respond.

After a long think this evening, is it worth me trying to send them a sympathy letter along the lines of...



Do you think I should just sit it out for the next few days and wait for their response?

Thanks for your help and any advice that you can offer.

Tom

Let me catch up with the thread - brb mate (10 mins)

Ok, just had a read and what is funny you've jumped the gun a bit similarly to jon as i'm trying to calm him down on here! Just tell me you've not went and used that junk from consumer wiki? lol

Right seriously, i'll answer each point raised below......

wwwtom

never-in-doubt wrote: »

Let me catch up with the thread - brb mate (10 mins)

Ok, just had a read and what is funny you've jumped the gun a bit similarly to jon as i'm trying to calm down on here!

Sorry I am calm, (i think?)

never-in-doubt wrote: »

Just tell me you've not went and used that junk from consumer wiki? lol

I haven't used anything from consumer wiki, The first templates I used were from the learnmoney article about removing defaults, the SAR template I used was from a post on here.

never-in-doubt wrote: »

Right seriously, i'll answer each point raised below......

Thank you, I really appreciate your help (especially at such a late hour!)

Tom

never-in-doubt

wwwtom wrote: »

I've recently started trying to remove a default notice placed on my credit file by Abbey for a personal loan.

Can you copy the entry details that appear in the credit report? minus the personal data.....

wwwtom wrote: »

According to my credit file, the account was marked as default on 05/01/2007.

Ok, so was a notice of termination or default notice issued?

wwwtom wrote: »

To cut a long story short, I went through a bit of a bad patch with my money, without the help of my family i would still be in that situation.

Are you saying you've paid the debt off? Can you elaborate please......

wwwtom wrote: »

Now my finances are in order, and have been since the begining of 2007 (when this all started).

see above point...... guess that answered my own question.

wwwtom wrote: »

I ordered my credit file from Experian (which i now check regularly) and Abbey had placed the default notice and also "Satisfied" on the entry for the loan.

can you deuplicate what they have added and post here please.....

wwwtom wrote: »

I must state at this point, I have never recieved any default notice or letter from Abbey to that point.

Have you moved houses or is it the same address?

wwwtom wrote: »

I then started to follow the LearnMoney site (How to Possibly Remove a Default Notice) and here is what has happend so far:

Arghhhhh! Good luck! MSE is better though as our letters are tried and tested - not blanket copies that were made in 2006!

wwwtom wrote: »

Letter 1 sent to Abbey asking for them to send me, £1 PO included
1) The original credit agreement
2) The original default notice
3) The original deeds if the debt had been sold on

So a CCA request then yea? The default notice is not covered under this so they will not acknowledge that!

wwwtom wrote: »

20/01/2009
Abbey reply with a letter, the letter also included a copy of the credit agreement and a photocopy of my bank statement. They did not send a copy of the default notice

See above regards to default notcie. They wouldn;t send one as it is a different schedule.

wwwtom wrote: »

20/01/2009
Letter 2 sent to Abbey stating that they had not answered all the questions from Letter 1, asked for them to answer all questions, £1 PO included again

Did they cash the original £1? Did they cash the second £1 - what questions did you ask and what were missed?

wwwtom wrote: »

06/03/2009
Abbey reply with a letter, exactly the same as the previous reply, containing exactly the same credit agreement and bank statement.

Yep - they dont read the letters usually, if you do things wrong and they know you've done it wrong then you'll find they will mess you about. Whoever has been helping you to date has been sending you on a wild goosechase. Never attempt to sort these things yourself without proper aided help!

wwwtom wrote: »

08/05/2009
Letter 3 sent to Abbey, giving them 7 days to send the requested information, failing which would result in me escalating the issue to the relavent authorities.

why rush them, if they meet your deadlines then you cannot enforce anything! Let them screw up so you can prove to the court that they are a shambles - doing their job for them only instills their belief you're amateurish....

You cannot enforce action over a request for info, for what purpose and act would you demand the answers? What were you asking?

Its crazy to threaten as they will call your bluff - this will cost you a lot of ££££'s

wwwtom wrote: »

18/05/2009
As of today, I have not recieved any reply and the default notice still remains (I've just got a copy of my latest Credit file) which brings me here.

About right - you never asked for the default notice in the correct context so they had no legal right to answer you.

wwwtom wrote: »

What would be the best way of pursuing this issue and escalating it to the right places?

Depends how far you want to take it and whether you think they acted improperly......

wwwtom wrote: »

As I have said, I'm so greatful for any help or advice anyone can offer,

Then you need to sit back, explain in detail, events to date (forget the letters and that - I need to know the facts about the debt in the first place!) and we'll sort this out,from the beginning!

DO NOT SEND ANYTHING ELSE AT THIS STAGE! YOU'VE SENT ENOUGH ALREADY ME THINKS (LOL)