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Sutton's default removal letters

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  • Hi NID,

    I know your pretty busy mate, but when you get a moment could you please have a look at my post?
    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

    Cheers dude, any help is much appreciated.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hi NID,

    I know your pretty busy mate, but when you get a moment could you please have a look at my post?

    Cheers dude, any help is much appreciated.


    Hiya

    Have you sent the CCA request, is that the 'request' you refer to?? Nothing back....?

    Regards to Egg - check prescribed terms here mate: #29 then decide if it is compliant.

    Regards to other 2, let them dig a hole and be late responding/complying! It will help you at a later date, chasing them can enforce compliance which is not what you want! You need them to be late and if they don't come back shortly then i'll sort you a nasty little reminder letter for them! :rotfl:

    Give them a total of 8 weeks then chase it..... thats enough to prove they are inept!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Hiya

    Have you sent the CCA request? Nothing back....?

    Regards to Egg - check prescribed terms here mate: #

    Regards to other 2, let them dig a hole and be late! It will help you at a later date, chasing them can enforce compliance which is not what you want! You need them to be late and if they don't come back shortly then i'll sort you a nasty little reminder letter for them! :rotfl:

    Hey, thanks for getting back to be dude.

    Sent the CCA request and heard nothing back yet. They received the requests on the dates above. How long do they have to comply?

    With regards to the EGG one I haev checked against the prescribed terms and it meets all requirements unfortunately.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hey, thanks for getting back to be dude.

    Sent the CCA request and heard nothing back yet. They received the requests on the dates above. How long do they have to comply?

    With regards to the EGG one I haev checked against the prescribed terms and it meets all requirements unfortunately.

    The CCA request should be sent within 12+2 days but this is just not viable and so to satisfy any court (if it gets that far) it's best to leave them to dig a bigger hole. Custom practice suggest 12+2+30 which more than leaves you able to enfore via judgement after this timescale.

    Did you send recorded and with a £1? When were the cheques cashed?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • The CCA request should be sent within 12+2 days but this is just not viable and so to satisfy any court (if it gets that far) it's best to leave them to dig a bigger hole. Custom practice suggest 12+2+30 which more than leaves you able to enfore via judgement after this timescale.

    Did you send recorded and with a £1? When were the cheques cashed?

    Yeah these were sent recorded, got the proof of delivery for the letters.

    EGG cashed the cheque but no one else has of yet....
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Yeah these were sent recorded, got the proof of delivery for the letters.

    EGG cashed the cheque but no one else has of yet....

    Hiya

    Ok, i'll post you a chaser letter later tonight to send off to the remaining two. Are you saying all 3 have signed and you have proof of signature for all 3?


    Are you 100% certain egg got it right, when did you take the card out with them?

    Have you been hit with a lot of charges? Have you got any balance outstanding? Do you have a default?

    The above questions apply to all 3 cards.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Hiya

    Ok, i'll post you a chaser letter later tonight to send off to the remaining two. Are you saying all 3 have signed and you have proof of signature for all 3?


    Are you 100% certain egg got it right, when did you take the card out with them?

    Have you been hit with a lot of charges? Have you got any balance outstanding? Do you have a default?

    The above questions apply to all 3 cards.

    Hey, I'll try be as clear as possible dude - i've probably muddled something up here:

    All three letters were sent recorded mail and I have proof of receipt. I don't have electronic proof of signature, but proof they were delivered.

    I signed the agreement with EGG 16/06/2004. The account has a default on it with no outstanding balance. Looking through the CCA i'm pretty sure they have got it right - however I will scan it in at work tomorrow and let you cast your eye over it, is that ok dude?

    The Wescot Default is a complicated story - the account number relates to a Goldfish loan I had, when I went into financial difficulty I went onto a lower payment and then refinanced the loan with them. Since then I have made all payments in full and on time. When I found Wescot had registered a default against my name for an outstanding balance of £5400 I started an online dispute as I had never had any dealings with Wescot - their response was basically:

    "We have no record of Spent200709, please ask him to contact us with as much details as possible." I did and after about 15-20 mins they still had no record of me but on my Credit Record they claim I have a default with an outstanding balance of £5400. Strange no?

    I then spoke to Lloyds to see if they could sort the issue as they have a record of my current loan paying the old loan off - however no details of the old loan.

    Still with me? :confused:

    The last one is the HSBC which is a current account which they have a default registered against me some time ago - no outstanding balance.

    Out of all three Defaults I owe £0 - The Wescot one exists somewhere between never never land and the twilight zone.

    Hope this clears a few things up - but also probably made your brain hemorage a little?:D
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Hiya

    Ok, to summarise then:

    Egg:
    They complied with CCA and you think it is correct? Can you give details of history such as default date and amount, who registered the default, did you receive a termination notice and default notice? Have you moved addresses? As much info as poss and we'll try to get this taken off, not using unenforceability but sheer cheek :-)

    Wescot (relates to Lloyds loan):
    They signed for the CCA when? I need the date! They have not responded. You have never dealt with or heard of wescot, you had a loan with Lloyds who you always dealt with - the default was added between you getting into arrears and actually agreeing a repayment loan? Can you give me lots more info? Also, do you have account numbers? If not ask the CRA for them, they will have them and will send you them upon request if you use the link, i.e. P12 or whatever.

    HSBC (bank account):
    Why did they register a default? I assume you did have a balance for them to do it, can you remember?

    you need to provide a lot of details, for each one and i'll sort you a letter for each to send which may or may not work. To be fair it all depends on what and why the defaults were added.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Hiya

    Ok, to summarise then:

    Egg:
    They complied with CCA and you think it is correct? Can you give details of history such as default date and amount, who registered the default, did you receive a termination notice and default notice? Have you moved addresses? As much info as poss and we'll try to get this taken off, not using unenforceability but sheer cheek :-)

    Wescot (relates to Lloyds loan):
    They signed for the CCA when? I need the date! They have not responded. You have never dealt with or heard of wescot, you had a loan with Lloyds who you always dealt with - the default was added between you getting into arrears and actually agreeing a repayment loan? Can you give me lots more info? Also, do you have account numbers? If not ask the CRA for them, they will have them and will send you them upon request if you use the link, i.e. P12 or whatever.

    HSBC (bank account):
    Why did they register a default? I assume you did have a balance for them to do it, can you remember?

    you need to provide a lot of details, for each one and i'll sort you a letter for each to send which may or may not work. To be fair it all depends on what and why the defaults were added.

    Yep I think you've got it all in a nutshell there. I will go away and try pull as much info together for tomorrow.

    Thanks a lot for your help dude! :beer:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Yep I think you've got it all in a nutshell there. I will go away and try pull as much info together for tomorrow.

    Thanks a lot for your help dude! :beer:

    Basically the best info is a copy of the entry from the credit file, this answers most things and then just need to know the story before the arrears and what happened after.

    so kinda like this (example) #925 and as you can see, with that I then managed to do the letter (here: #941 ). He answered everything I needed to pretend I was him which is the same as you'll have to do......

    cheers - p.s. may not get done til the weekend, so up to you i'm here all night or on saturday.... :p
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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