Sutton's default removal letters

never-in-doubt · 19 September 2009 at 10:57AM

wwwtom wrote: »

Hey NiD,

Thought I would keep you posted with the latest developments. As you know, I'm in the process of trying to get a mortgage, first time round it was declined.

There has since been an appeal with Halifax, its been past the underwritters, seen by the Quality Assessors and the last response from Halifax was that they can see that I have been in talks with Abbey and are happy that, in their opinion, they believe the Default should not be there (doesn't really do anything though!) however they need evidence or a letter of some sort from Abbey to that effect, which I guess is what I am also waiting for.

I sent off a copy of the last two letters and a copy of my NOC from Experian to the IFA who passed those on to Halifax so they are both awear of the current situation.

I know you said to sit and wait, but is there anything I can send Abbey to say that they are not treating my complaint fairly and that it is holding up my application? or will that just send me back to old kent road without passing go

Hi Tom,

Bummer about mortgage - they are scored differently and with you paying a deposit this should be taken into account. As the lender can see you're fighting the default then they should be lenient and allow the facility - this surprises me.

Try hitting the lender with the law, use the old 'Abbey are receiving more complaints than most banks right now, no matter what I ask them to do within the parameters of the law they refuse to comply. My only option is court action and this would mean dipping into my deposit, i'm in a catch 22. Abbey are in clear breach of the CCA as you can see from my letters to them, this specifically refers to adding data to the CRA whilst my alleged account is in dispute. This could take years to resolve and I ask you to consider the full facts; Abbeys clear disregard to the laws and my catch 22 position'.

Using something along those lines will help. Basically the lender (Abbey) are dire, we all know that - unfortunately you just have to sit tight. The more you write the more things will get crossed in the post and confuse things. If they have breached their timelines then mention this to Halifax as well. If so then you'd have to go to court to enforce removal which in itself will take months to sort out.

You have to be appealing to Halifax again using facts as the basis, i.e. what can you do? Your hands are tied - it is obvious Abbey are breaking the law - your last option is court - you cannot afford court - etc etc

Vodafone · 19 September 2009 at 11:26AM

miaomiao wrote: »

Hi Nid,

I am amazed at how much time you have spent to help people you dont even know.

Hi miaomiao,

I believe that you also posted your experience on CAG. If you have I've replied to you there and should you need any further help just follow this instructions posted there.

Thanks,

Lee

Web Relations Team

Vodafone UK

never-in-doubt · 19 September 2009 at 11:40AM

Vodafone_company_representative wrote: »

Hi miaomiao,

I believe that you also posted your experience on CAG. If you have I've replied to you there and should you need any further help just follow this instructions posted there.Vodafone UK

That is what PM is for! No need to hijack another forum altogether! If you reply to CAG then its usual to PM the member through CAG!

For non CAGgers the link referred to is below!

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/219153-vodafone-dispute-default-removal.html

rabshek · 19 September 2009 at 12:27PM

never-in-doubt wrote: »

I knew your wife took an account, it was obvious!

This doesn't matter and to be honest your wife hasn't helped matters cos now you'll find it hard to do anything, you've just told them to prove the debt and they have. Lets be honest, for that agreement to have a previous address she must have lied when she filled it in then?

I asked about this remember? I clearly said to you 'did she apply and then move' to which you said we moved a few months later! So how did it have the previous address on it, you tell me mate?

Something doesn't add up here, it didn't when I first started reading your posts and now it's just been confirmed. Whilst i'm all for helping unenforceability I am sorry but I cannot be seen to condone fraud.

I asked you several times to check with her and told you in no uncertain terms that she did take the account and you asked her and again she denied it - why did she do this?

Her English isn't the fault, come on mate - you can't really use that. I asked you to ask her did she fill anything in, you said no. Now all of a sudden she did?

So based on the above i'm sorry but I can't really be of much help anymore. You've broken the golden rule which is never mess up or you lose all credibility - nothing that you send will now help, the facts are that she took the account; you asked the lender to prove it - they did. End of the matter. :mad:

Had your wife been up-front then we'd have sent a different letter which would allow us to pursue other avenues.

Basically you need to consider sending in a CCA request and then follow the process hoping that they do not have the original CCA. If not then you may be able to stop them chasing you but the default will remain. You should only be dealing with the lender as you never seen any assignment papers. Ignore the DCA and deal direct with the lender.

Letters are found here:

Thanks for getting back to me NID. Trust me on this, I am more frustrated than you on this!

I dont want you to feel like you are stepping over any moral boundaries here so will pursue matters myself from here on.

Just one last request from you if I may, and feel free to decline to assist.

If I were to pursue matters of them incorrectly putting the wrong correspondance details down, would that be advisable (she never physically filled in the form, just stupidly signed it!)? What possible other avenues do you think are open to me?

Thanks for all your help NID.

Regards,

Bob

never-in-doubt · 19 September 2009 at 1:31PM

rabshek wrote: »

Thanks for getting back to me NID. Trust me on this, I am more frustrated than you on this!

Mate you have to remember they didn't put the wrong info, your wife had to tell them. They couldn't pluck the info from thin air - surely you can see where i'm coming from?

Your wife did sign up, however you look at it. Sorry, nothing more I can say to change the facts - there was no mis-selling, language boundary will not justify mis-selling. Sorry but I think you'd be best to try the softer approach and write to the lender explaining that she is foreign and cannot understand English and that she thought she was applying for discount.

Then you moved and she never told you anything about this.

Then you find the default, and you'll like to pay it off and hope they remove the default being it was a huge mistake and the language barrier didn;t help but in such a case maybe your store assistant shouldn't have been so eager to offer her the card when she'd have struggled to understand.

See how that works mate!

snoopy1984 · 20 September 2009 at 1:40PM

Hi, been following this thread for a couple of months now and it has been really helpful - perhaps you might be able to help me with my Egg default.

Egg registered a default in April 2007 for £700. I have been paying them every month (without fail) as part of my DMP since I went to Payplan in Feb 2007. None of my other creditors registered defaults as part of my DMP, only Egg.

I am lucky enough to earn overtime occasionally which has helped me settle other accounts; Egg are now the only creditor left on my DMP and I have enough overtime earnings this month to settle the account (£300).

My question is is it possible to negotiate for the default to be removed if I pay the full amount outstanding? They have rejected a short settlement.

I have 3 other defaults, 1 registered in May 2004 (Natwest) and 2 in March 2005 (Vodafone, Three) therefore they will fall off my report within the next 18 months.

The account was taken out online, I already have a copy of the online application form as I am following Martin's advice to reclaim PPI charges (currently with FOS).

Many thanks guys - you are legends.
Lydia

never-in-doubt · 20 September 2009 at 3:47PM

snoopy1984 wrote: »

Hi, been following this thread for a couple of months now and it has been really helpful - perhaps you might be able to help me with my Egg default.

Egg registered a default in April 2007 for £700. I have been paying them every month (without fail) as part of my DMP since I went to Payplan in Feb 2007. None of my other creditors registered defaults as part of my DMP, only Egg.

I am lucky enough to earn overtime occasionally which has helped me settle other accounts; Egg are now the only creditor left on my DMP and I have enough overtime earnings this month to settle the account (£300).

My question is is it possible to negotiate for the default to be removed if I pay the full amount outstanding? They have rejected a short settlement.

I have 3 other defaults, 1 registered in May 2004 (Natwest) and 2 in March 2005 (Vodafone, Three) therefore they will fall off my report within the next 18 months.

The account was taken out online, I already have a copy of the online application form as I am following Martin's advice to reclaim PPI charges (currently with FOS).

Many thanks guys - you are legends.
Lydia

Hiya

Send a copy of this letter just changing bits to suit your circumstances....

http://forums.moneysavingexpert.com/showpost.html?p=22278721&postcount=435

This is a full offer letter with the provision they remove the default in exchange for payment. :beer:

snoopy1984 · 20 September 2009 at 4:53PM

Hi,

Thanks for the advice - will let you know what happens!

Lydia

nov70 · 24 September 2009 at 11:02PM

Hi nid sent the letter you did me to aktiv kapital today received this letter

We have noted your comments in your recent correspondence and in respect of your specific requests, we will not remove the default notice, which we are satisfied is compliant with our responsibilities we will also continue to process your details in accordance with our obligation under the Data Protection Act 1998 schedule 2 6 (1) and the technical guidance, this matter is now closed.

facingthefuture · 24 September 2009 at 11:28PM

:beer:I am so impressed with this thread. What total geniuses!:beer:

Sutton's default removal letters

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