Sutton's default removal letters

never-in-doubt · 4 July 2009 at 10:21AM

MasterSimit wrote: »

Not sure what else you want/need to know. I kind of explained my story few posts back.

PM me if need be.

These are mobile contracts right? You are aware they do not confirm to the CCA, i.e. hard to get removed......

Please post the links of your posts regards to them and a brief explanation and i'll have a mooch later for you.... :beer:

never-in-doubt · 4 July 2009 at 10:32AM

digitalphase wrote: »

How many days should I give them to respond? Baring in mind they've had 3 weeks+ already. 28 days? or 14 days?

You give them no time - i.e. post today/yesterday lol I said what to do..... send the letter again and this time with cover letter telling them to deal with it asap before you enact enforcement via county courts!

daz2bedebtfree · 4 July 2009 at 11:15AM

Hi and thanks for taking time to read my rather long post

I have had 4 defaults on my credit file which I would like removed .
I have already begun to try to get some of them removed as you will see at the bottom of my post through the information commissioners office(no reply yet though)

No1 .Capital one bank credit card:
Default date 14/05/2009 credit limit £200 default delinquent balance £436
Now I had written to this company to try to arrange a payment plan several times before I went into arrears as I had payment difficulties, they ignored me first, then the charges started going on so I tried to claim charges back, eventually they said they would agree to my payment plan if I sent them documentation (bank statements ect)
I did this but the next thing I know they have passed the debt onto frederickson international debt collectors even though I had disputed the charges, the balance has risen to more than double because of charges ive always disputed, I had the standard letter from capitalone saying their charges are fair ect, I also wrote to Frederickson international stating the facts the account was in dispute and it was made up primarily of charges, they wrote back and said they would accept £327 as they feel whilst I may have some success in reclaiming that I would not get all charges reimbursed.
I also opened online dispute with Equifax who have asked for capital one to check their records but this was also to no avail. I have written to the information commissioner to ask him to look at my complaint but have yet to receive response.
Something that may be worth noting is I remember capitalone sending me a new amended credit agreement earlier this year as apparently the original had a spelling mistake ? also I have asked the financial ombudsman to look at my claim for charges but no reply yet , and also I don’t know wether they will accept my claim as they have only been charging £12 but capital one are crafty and its actually upto £36 charges per month as they did one for default sum and another for late payment fees ect.

No 2. international collections group (mail order) catalogue
Default delinquent balance £427 default april 06 settled may 06

This debt is for items id had from someone elses catalogue, they didn’t want to run anymore so took steps that I could pay my debt directly with the company,
I received a short agreement form the company which I had to sign and send back which made me responsible for the debt,
However I noticed again I was being charged for late payments ect at £15 every time
And asked the company to recredit them to my account as I disputed them,
This never happened so I ended up asking for an original signed agreement and sent the £1 fee, this didn,t arrive but then the company passed the debt to Moorcroft who contacted me by telephone and I told them I had disputed the amount owed, they said they would take £300 in full and final settlement which I thought was correct as it was nearer the amount I owed, I paid but now see I have been defaulted on my credit file ,even though it does state settled also, but this is having a derogatory effect on my file. I have also written to the information commissioner to ask him to investigate, still awaiting response, also I have never been served with a default notice under this account.

N0 3. Lloyds tsb bank account default £ 2,333 default date dec 08
This account is also in dispute as my claim for bank charges is with the financial ombudsman totalling £2600 on the grounds of hardship , a claim which I started
Way back in early 2007,
The bank has now closed my account with them and I am paying by monthly arrangement at £16.72 per month
Again I have written to the information commissioner without response yet.
There is no history on my credit file regarding this account just a big default from dec 08, I haqe never been served with a default notice either.

N0 4. cahoot personal loan, default balance £ 10,550
The original agreement was for £10500 credit limit and ive noted on my credit file they have put the credit limit at just £1

I made contact with this company before my account came into arrears to explain I was having financial difficulty and asked to pay £88 per month , they accepted this and froze all interest and charges, I have been paying and never missed on the repayment plan, however they have put a default on my file and I wasn’t aware they were going to do this , also there is no arrangement to pay sign on my file , never the less I would like it removed as I am now running my own business on a self employed basis my suppliers refuse to give me credit and its making it almost impossible to trade.

Any help on the above accounts greatly appreciated and as this is my first ever post i hope ive done it correctly and in the right place

never-in-doubt · 4 July 2009 at 1:24PM

daz2bedebtfree wrote: »

No1 .Capital one bank credit card:

Default date 14/05/2009
Credit limit £200
Default delinquent balance £436

Now I had written to this company to try to arrange a payment plan several times before I went into arrears as I had payment difficulties, they ignored me first, then the charges started going on so I tried to claim charges back, eventually they said they would agree to my payment plan if I sent them documentation (bank statements ect).

Hi, ok few questions to start:

1. When was the account opened?
2. When did you last pay?
3. What amount do you owe - minus charges?
4. What do you estimate charges to be?
5. Who are you now dealing with? Cap1 or DCA?
6. Do you have copies of the letters you sent?

Depends what you come back with will depend what to do next....

daz2bedebtfree wrote:

But the next thing I know they have passed the debt onto frederickson international debt collectors even though I had disputed the charges, the balance has risen to more than double because of charges ive always disputed, I had the standard letter from capitalone saying their charges are fair ect, I also wrote to Frederickson international stating the facts the account was in dispute and it was made up primarily of charges, they wrote back and said they would accept £327 as they feel whilst I may have some success in reclaiming that I would not get all charges reimbursed.

They cannot do this, when you say you disputed the charges, did you officially place the account into dispute or simply write and say I disagree with the amount? When did you last speak to either Cap1 or the DCA (fredrickson)?

Forget what they 'feel', they have no idea! If you put the account into dispute and they have now issued a default then they've messed up big time! We'll come back to this point later when you supply more info as requested.....

daz2bedebtfree wrote:

I also opened online dispute with Equifax who have asked for capital one to check their records but this was also to no avail. I have written to the information commissioner to ask him to look at my complaint but have yet to receive response.

Forget Equifax, they will come back with the bog-standard 'we don't own the data so we can't amend it bollox' - same with the ICO - they have like a 2yr backlog right now so waste of time if you want fast turnaround......

daz2bedebtfree wrote:

Something that may be worth noting is I remember capitalone sending me a new amended credit agreement earlier this year as apparently the original had a spelling mistake?

They can do this, but doesn;t mean you accept it or agree to it! Kinda like me lending you £10k at 1% APR then a year later deciding I want more and up it to 55% - would you just pay or would you look to move the debt elsewhere? That is why they have to give you notice prior to simply upping the rates - similarly you do not have to agree to amended terms. As for the typo, this has absolutely no bearing on the legality of any T&C's - they are talking !!!!!!!

daz2bedebtfree wrote:

I have asked the financial ombudsman to look at my claim for charges but no reply yet , and also I don’t know wether they will accept my claim as they have only been charging £12 but capital one are crafty and its actually upto £36 charges per month as they did one for default sum and another for late payment fees ect.

You'll only get claim for charges if you can prove financial hardship as they have a stay at the moment pending test case outcome. I'll come back to this later as well - not too important right now.

Right, so can you confirm if you wanted to make an offer or what? i.e. are you trying to clear your name but offer final payments as settlement or did you want to walk away owing nothing? Thing is if you can make an offer then it's easier to get it removed..... i'm referring to like a one off payment as well, forget this monthly payment bollox - total waste of time.

Please advise and i'll come back to this later.

never-in-doubt · 4 July 2009 at 1:31PM

daz2bedebtfree wrote: »

No 2. international collections group (mail order) catalogue

Default date April 2006
Settled May 2006
Default delinquent balance £427

This debt is for items id had from someone elses catalogue, they didn’t want to run anymore so took steps that I could pay my debt directly with the company, I received a short agreement form the company which I had to sign and send back which made me responsible for the debt.

However I noticed again I was being charged for late payments ect at £15 every time and asked the company to recredit them to my account as I disputed them. This never happened so I ended up asking for an original signed agreement and sent the £1 fee, this didn,t arrive but then the company passed the debt to Moorcroft who contacted me by telephone and I told them I had disputed the amount owed, they said they would take £300 in full and final settlement which I thought was correct as it was nearer the amount I owed, I paid but now see I have been defaulted on my credit file ,even though it does state settled also, but this is having a derogatory effect on my file. I have also written to the information commissioner to ask him to investigate, still awaiting response, also I have never been served with a default notice under this account.

Ok this is easy to sort out. Please just confirm, you say the debt was sold whilst you were making an agreement to pay with the catalogue company? Did you ever see a default notice? a notice of assignment? Did they original creditor inform you of their intentions? Were you bullied into paying, on the phone, cos you thought they'd clear the whole thing and not leave any bad data on CRA files?

Can you also confirm what you paid and how you paid it and exactly when you paid it? When did you issue CCA Request and was the cheque cashed - if so when?

never-in-doubt · 4 July 2009 at 1:43PM

daz2bedebtfree wrote: »

N0 3. Lloyds tsb bank account

Default date December 2008
Default Amount £2,333

This account is also in dispute as my claim for bank charges is with the financial ombudsman totalling £2600 on the grounds of hardship , a claim which I started way back in early 2007. The bank has now closed my account with them and I am paying by monthly arrangement at £16.72 per month.

Again I have written to the information commissioner without response yet. There is no history on my credit file regarding this account just a big default from dec 08, I haqe never been served with a default notice either.

Ok with respect to this case, look here and post the specifics for the reclaim of charges on this board: http://forums.moneysavingexpert.com/forumdisplay.html?f=102

Thing is, you'd be best to get your charges back prior to worrying about any default - but before accepting anything, make it a condition that all derogatory data is removed..... may mean reducing your claim or something....

The other alternative is simply to play poker and see if they will do a swap, you will not request a reclaim of charges if they erase all data and call it a fair deal - i.e. you both walk away here and now. If you like this option stay here and ignore advice above about going to bank charges reclaim forum....

Let us know - cheers

never-in-doubt · 4 July 2009 at 1:47PM

daz2bedebtfree wrote: »

N0 4. cahoot personal loan

Default Amount £10,550

The original agreement was for £10500 credit limit and ive noted on my credit file they have put the credit limit at just £1

I made contact with this company before my account came into arrears to explain I was having financial difficulty and asked to pay £88 per month , they accepted this and froze all interest and charges, I have been paying and never missed on the repayment plan, however they have put a default on my file and I wasn’t aware they were going to do this , also there is no arrangement to pay sign on my file , never the less I would like it removed as I am now running my own business on a self employed basis my suppliers refuse to give me credit and its making it almost impossible to trade.

They are under no obligation to remove the default..... when was it defaulted and are you dealing with cahoot or with a DCA? Forget arrangement to pay markers - may as well say 'this guy is skint - avoid like the jackson 4'...... what I mean is if you were able to pay then they would remove the default.... do you earn a lot, i.e. could you offer them something like £7k to clear it as full and final settlement?

Please advise.....

never-in-doubt · 4 July 2009 at 1:51PM

daz2bedebtfree

Right mate, as you can see lots of questions above but without this we can't help much.... please don't be shy and name and shame anyone and everyone involved. Whatever you do speak to no-one verbally again! If a DCA or lender rings, politely say write to me and hang up.

Do not converse because if you take this forward then anything and everything must be documented in case you decide to take the legal route for enforement of removal......

Remember extra info is better than repeatedly asking so please tell us anything you think is relevant!

Catch you later - N-i-D :eek:

daz2bedebtfree · 4 July 2009 at 2:19PM

never-in-doubt wrote: »

Hi, ok few questions to start:

1. When was the account opened?
2. When did you last pay?
3. What amount do you owe - minus charges?
4. What do you estimate charges to be?
5. Who are you now dealing with? Cap1 or DCA?
6. Do you have copies of the letters you sent?

Depends what you come back with will depend what to do next....

They cannot do this, when you say you disputed the charges, did you officially place the account into dispute or simply write and say I disagree with the amount? When did you last speak to either Cap1 or the DCA (fredrickson)?

Forget what they 'feel', they have no idea! If you put the account into dispute and they have now issued a default then they've messed up big time! We'll come back to this point later when you supply more info as requested.....

Forget Equifax, they will come back with the bog-standard 'we don't own the data so we can't amend it bollox' - same with the ICO - they have like a 2yr backlog right now so waste of time if you want fast turnaround......

They can do this, but doesn;t mean you accept it or agree to it! Kinda like me lending you £10k at 1% APR then a year later deciding I want more and up it to 55% - would you just pay or would you look to move the debt elsewhere? That is why they have to give you notice prior to simply upping the rates - similarly you do not have to agree to amended terms. As for the typo, this has absolutely no bearing on the legality of any T&C's - they are talking !!!!!!!

You'll only get claim for charges if you can prove financial hardship as they have a stay at the moment pending test case outcome. I'll come back to this later as well - not too important right now.

Right, so can you confirm if you wanted to make an offer or what? i.e. are you trying to clear your name but offer final payments as settlement or did you want to walk away owing nothing? Thing is if you can make an offer then it's easier to get it removed..... i'm referring to like a one off payment as well, forget this monthly payment bollox - total waste of time.

Please advise and i'll come back to this later.

hi thanks for the response:
the date this account was opened was march 08
i last paid in september 08
amount i should owe minus charges is around £250
actual charges are £216
the account is actually in the hands of dca but im not paying anything to dca or capitalone at the moment.
i have copies of all letters sent, and its also worth mentioniong this is a credit card debt not bank so the oft test case doesnt apply here,
i offered capitalone a payment offer way back in august but they just kept sending me !!!!!!!! letters until eventually i recieved a note saying they will accept my offer if i send in bank statements ect, i did this but they just went and paqssed on the debt to dca,
when i originally wrote to them and noticed they had charged me later that month , i disputed these charges in writing.
this debt i could possibly afford to make a full and final settlement offer as its such a small amount . i dont mind paying it but just feel like theyve had one over on me ;(:mad:

daz2bedebtfree · 4 July 2009 at 2:25PM

never-in-doubt wrote: »

Ok this is easy to sort out. Please just confirm, you say the debt was sold whilst you were making an agreement to pay with the catalogue company? Did you ever see a default notice? a notice of assignment? Did they original creditor inform you of their intentions? Were you bullied into paying, on the phone, cos you thought they'd clear the whole thing and not leave any bad data on CRA files?

Can you also confirm what you paid and how you paid it and exactly when you paid it? When did you issue CCA Request and was the cheque cashed - if so when?

i was definatly bullied into paying ,by telephone.
i had written to this catalogue asking for them to justify where the amount they said i owed had come from, never got any luck so requested copy of original credit agreement and statement of account , never got this either, in the meantime they passed /sold debt to moorcroft who constantly hassled me by phone and letters (unfortunatly i no longer have any of these letters,) on the last moorcroft letter i remeber them stating that if i did not pay i would get a default on my file, by this time i had had enough and explained to them my debt was only for £300 not the amount they were asking £427 they said to me on the phone ok give us £300 and we will write the rest off.

Sutton's default removal letters

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