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  • FIRST POST
    noah271007
    Sutton's default removal letters
    • #1
    • 7th May 09, 6:51 PM
    Sutton's default removal letters 7th May 09 at 6:51 PM
    Hello everyone!

    I am starting this thread to help Sutton to get defaults removed from his credit files. So I appreciate if anyone can input some suggestions to give Sutton his best chance of removing those dreaded defaults. I would ALSO encourage anyone reading this to start their own process if they have tried and failed to remove default(s) from their credit files.

    NID very kindly gave me the letters to start off the process.

    The process starts as follows:

    1.CCA Request

    2. Non Compliance

    3. Dispute letter

    4. Section 10 - Cease and Desist from processing data.
Page 3
    • sutton111
    • By sutton111 8th May 09, 3:41 PM
    • 6,250 Posts
    • 6,619 Thanks
    sutton111
    Hi

    Not meaning to rain on your parade but this is not the best way to do things, it is a very expensive way - ask UK26!

    Bottom line is that if they refuse to remove any derogatory info that was incorrectly or unlawfully placed then yes, you demand removal, then you issue s.10 - Cease & Dessist and at this point they must remove the data. If they then refuse, you would write a final letter clarifying your position and with the threat of small claims action. This prompts most DCA's/Lenders into action.

    Last resort would be to take action - also, you need to tell them that you are taking action and what the likely costs will be that you'll be seeking from them. In essence you'd be applying to the courts for an enforcement order (to remove the data) not compo as this is a different claim altogether.
    Originally posted by never-in-doubt

    Hiya Troll, you ok?

    Shall I send the 2nd or 3rd letter and should I send it to both Robinson Way and Cabot? :confused:

    What's happening with the Experian case? can you give any information?
  • hack2009
    It was the only way in the end, I had exhausted all the other avenues and they were just not interested.

    Wrote to ICO, and that was a complete waste of time. He more or less said take it legally.

    I received an initial offer from the Solicitor within a week of the claim being issued to them and it was all wrapped up within a matter of weeks.
  • never-in-doubt
    It was the only way in the end, I had exhausted all the other avenues and they were just not interested.

    Wrote to ICO, and that was a complete waste of time. He more or less said take it legally.

    I received an initial offer from the Solicitor within a week of the claim being issued to them and it was all wrapped up within a matter of weeks.
    Originally posted by hack2009
    Ahh yes the reason for this is that you obviously had grounds, i.e. they had unlawfully posted incorrect/unlawful data about you.

    regards to ICO, yes they do pass the buck a lot but then they can only enforce to a certain level afterwhich they will pass back to complainant for legal action - they will not take them to court for us.
  • never-in-doubt
    Hiya Troll, you ok?

    Shall I send the 2nd or 3rd letter and should I send it to both Robinson Way and Cabot? :confused:

    What's happening with the Experian case? can you give any information?
    Originally posted by sutton111
    Mate I don't know your full circs so can't advise...... Noah has been following your case so best to ask him, but not being funny have a look at the letters and see what you have already sent or post a new breakdown of events for me:

    i.e.

    1. Sent CCA request on DATE
    2. Received reply on DATE with no CCA
    3. Sent this letter on DATE

    etc etc - get the idea?

    Cheers
  • hack2009
    What may work for one may not work for all, therefore legal action (or legal success) is totally individual and cannot be generalised.
    Originally posted by never-in-doubt
    I understand what you are saying, but the law is the law. If your case is there and they have not provided you with the necessary information/documentation you have requested then how can they defend it??

    If they suddenly provide it to a Court, then I am sure the Judge would have to question why they have not supplied it until now.
  • never-in-doubt
    I understand what you are saying, but the law is the law. If your case is there and they have not provided you with the necessary information/documentation you have requested then how can they defend it??

    If they suddenly provide it to a Court, then I am sure the Judge would have to question why they have not supplied it until now.
    Originally posted by hack2009

    Mate, trust me i'm not getting drawn into an argment here but i've had a lot of experience and know what the cost is to take and fight something like this in court.

    Let me give you an example; you vs MBNA or even you vs HBOS. Be serious, who will win? Little old you or the barrister that turns up pleading the legalities of your communication and wins by default judgement (strike out)

    It becomes awfully expensive and to be honest you were either lucky or just dealt with a company that was clued up.

    The law is the law, I agree and I am one of the few here that hate the banks and fight against them (see my posts! or ask sutton) but what you have to remember that large organisations will bankrupt us in the process of winning their case, and they can do this by a simple error in one of your letters.... it really is not worth it - it should be taken as a last final resort!
  • hack2009
    I am honestly not doubting your experience and I can see what you are saying about costs and the possibility of ending up against a top Barrister.

    My argument is if you are right and all other avenues have failed then it should be done. I strongly believe more people should use the legal system where appropriate against these people.

    Like I say you have obviously had more exposure and experience than I have had. I would honestly take the legal route again without any hesitation if I knew I was right.
    • sutton111
    • By sutton111 8th May 09, 4:03 PM
    • 6,250 Posts
    • 6,619 Thanks
    sutton111
    Mate I don't know your full circs so can't advise...... Noah has been following your case so best to ask him, but not being funny have a look at the letters and see what you have already sent or post a new breakdown of events for me:

    i.e.

    1. Sent CCA request on DATE
    2. Received reply on DATE with no CCA
    3. Sent this letter on DATE

    etc etc - get the idea?

    Cheers
    Originally posted by never-in-doubt
    OK no problem. What I'll do is scan the lot then upload them.

    How do I post images which aren't full size?
  • never-in-doubt
    OK no problem. What I'll do is scan the lot then upload them.

    How do I post images which aren't full size?
    Originally posted by sutton111
    Mate just give me brief overview..... what has happened and what have you done......
  • never-in-doubt
    I am honestly not doubting your experience and I can see what you are saying about costs and the possibility of ending up against a top Barrister.

    My argument is if you are right and all other avenues have failed then it should be done. I strongly believe more people should use the legal system where appropriate against these people.

    Like I say you have obviously had more exposure and experience than I have had. I would honestly take the legal route again without any hesitation if I knew I was right.
    Originally posted by hack2009
    Ahh but then it does help when we have access to a 'top barrister' for less than 150 per hour. Just a thought to bear in mind.....

    However, all i'm saying is please be careful what you post as others will think it is a piece of cake taking a lender to court - it simply isn't and tbh you never actually made it to court - when you do, you then see the real side of how things work and they try and rip you apart with legal terms and knowledge.... bottom line, few actually win. :confused:

    p.s. your argument about right and wrong, here we go: You get a CC and dont pay and try and utilise the unenforceability route. The bottom line is that you know you owe the money but due to a legal mess you can get out of paying it, this means that the law is not always right.... see my point....
    Last edited by never-in-doubt; 08-05-2009 at 4:16 PM.
    • donmonster
    • By donmonster 8th May 09, 4:22 PM
    • 33 Posts
    • 6 Thanks
    donmonster
    Interesting...
    Hey folks I have been reading this post with great interest as it is a subject close to my own heart - and pocket!

    A few years ago - about 4 to be precise I got into a bit of trouble and I must have about 5 defaults on my credit file. This really affected me when I changed mobile phone supplier (although got through that) and still to this day cannot get a bank account with anything other than a cash card!

    So I am very interested in getting my defaults removed from my credit file for a few reasons:
    1. Being able to get a half decent bank account
    2. Being able to consolidate existing loans at a much lower rate (and no not using this to get more credit just to save myself a considerable amount of money)
    3. To finally get rid of them

    I think therefore it would be interesting to know if anyone has had any luck with any particular companies or types of account? Mine are across a loan, bank account and credit card accounts.

    May I state all defaults were settled about 3-4 years ago and all are marked as settled but obviously the entry before this on the credit file still reads DEFAULT!

    What does not seem to have been mentioned here is how to go about it if you have settled your defaults (someone did mention but no process was suggested) Therefore i would like to ask does anyone know what to do - i.e. the steps, letters and order - if this is the case?

    Thanks in advance and lets hope we can all help each other here with updates on the stages we are at etc.
  • never-in-doubt
    Hey folks I have been reading this post with great interest as it is a subject close to my own heart - and pocket!

    A few years ago - about 4 to be precise I got into a bit of trouble and I must have about 5 defaults on my credit file. This really affected me when I changed mobile phone supplier (although got through that) and still to this day cannot get a bank account with anything other than a cash card!

    So I am very interested in getting my defaults removed from my credit file for a few reasons:
    1. Being able to get a half decent bank account
    2. Being able to consolidate existing loans at a much lower rate (and no not using this to get more credit just to save myself a considerable amount of money)
    3. To finally get rid of them

    I think therefore it would be interesting to know if anyone has had any luck with any particular companies or types of account? Mine are across a loan, bank account and credit card accounts.

    May I state all defaults were settled about 3-4 years ago and all are marked as settled but obviously the entry before this on the credit file still reads DEFAULT!

    What does not seem to have been mentioned here is how to go about it if you have settled your defaults (someone did mention but no process was suggested) Therefore i would like to ask does anyone know what to do - i.e. the steps, letters and order - if this is the case?

    Thanks in advance and lets hope we can all help each other here with updates on the stages we are at etc.
    Originally posted by donmonster
    Hi

    Settled default/unsettled default = no change - they are the same i'm afraid. Moral here is don't pay the default debt LOL but then I would say that being anti-banks!

    To be honest, its a waiting game, especially as you're 4yrs through already. can you please clarify for me:

    1. The exact date of last payment to the account (NOT default date)
    2. The registered default date and who done it, was it lender or a DCA
    3. Do you have any CCJ's, if so the CCJ (court) date?

    Then we'll be able to help

    cheers
  • hack2009
    Ahh but then it does help when we have access to a 'top barrister' for less than 150 per hour. Just a thought to bear in mind.....

    However, all i'm saying is please be careful what you post as others will think it is a piece of cake taking a lender to court - it simply isn't and tbh you never actually made it to court - when you do, you then see the real side of how things work and they try and rip you apart with legal terms and knowledge.... bottom line, few actually win. :confused:

    p.s. your argument about right and wrong, here we go: You get a CC and dont pay and try and utilise the unenforceability route. The bottom line is that you know you owe the money but due to a legal mess you can get out of paying it, this means that the law is not always right.... see my point....
    Originally posted by never-in-doubt
    Yeah I see your point and I can see how some may deem it to look easy. I know if it went all the way then it would have taken far longer and been a lot more messy.

    Again though this surely demonstrates that I was right and they had no defence which is why I was convinced to do it.

    I just strongly believe that where people are right and large organisations use their muscle to just refuse or say no, then the legal system is there to be used. I agree with you though if there are uncertain grounds then it could be a costly exercise.

    These forums are excellent for giving people advice though as you are demonstrating here, so hopefully most won't have to resort to these lengths.
  • never-in-doubt
    Yeah I see your point and I can see how some may deem it to look easy. I know if it went all the way then it would have taken far longer and been a lot more messy.

    Again though this surely demonstrates that I was right and they had no defence which is why I was convinced to do it.

    I just strongly believe that where people are right and large organisations use their muscle to just refuse or say no, then the legal system is there to be used. I agree with you though if there are uncertain grounds then it could be a costly exercise.

    These forums are excellent for giving people advice though as you are demonstrating here, so hopefully most won't have to resort to these lengths.
    Originally posted by hack2009
    That's it mate, we try and help others out but sometimes you have to draw a line and weigh up the odds of court action vs sit-and-wait. Sometimes, sit-and-wait is better, especially if you're halfway or more through your term (6yrs)....

    Legal action sounds easy, trust me though most lenders will take you up on offer of going to court and when you turn up to be met by legal boffins spouting this act and that act, followed by a bit of this act and that act and then they demand a stike out, guess what? The judge will 99% of the time award them with the strike out unless your paperwork is 100% correct. seen it happen too many times before. Just be careful and seek professional legal advice - that is my advice.


    However in your case, well done for winning - its great when you beat them!
  • naijapower
    We should not be afraid of legal action if homework is done correctly. Recall, a lady took the giant British Gas to court and won hands down.
    If she can, YES WE CAN!!!!!
    Last edited by naijapower; 08-05-2009 at 4:43 PM.
  • never-in-doubt
    Have a look at this for an idea of what happens when you take on the big guns - it runs into several 10's of thousands which can be more than the debt itself in some cases.

    We have all paid for this case by donating to his fund. But interesting read.

    http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/164122-uk26-experian-limited.html
  • never-in-doubt
    We should not be afraid of legal action if homework was done correctly. Recall, a lady took the giant British Gas to court and won hands down.
    If she can, YES WE CAN!!!!!
    Originally posted by naijapower
    LOL, please don't encourage this! It is NOT the best action - DIY is the best way and then go for enforcement order, last resort, that's it. Nothing more, nothing less.

    Read here regards to British Gas - seems it is quite easy!

    1. http://forums.moneysavingexpert.com/showthread.html?t=505819

    2. http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/59012-going-court-british-gas.html
    • donmonster
    • By donmonster 8th May 09, 4:44 PM
    • 33 Posts
    • 6 Thanks
    donmonster
    Hi Never-in-doubt

    I will need to check my credit file for some of that info - will not be exact but here goes:

    Equifax:
    1. Egg loan - marked defualt May 2004 - marked settled June 2004
    2. AMEX CC - marked default Dec 2003 - marked settled Jan 2004
    3. RBS CC - marked default July 2005 - marked settled Aug 2005
    4. Intelligent Finance CC - marked default Aug 2005 - marked settled Sept 2004
    5. Egg CC - marked default Aug 2003 - marked settled Sept 2003
    6. Barclaycard CC - marked defualt Oct 2003 - marked settled Nov 2003
    7. RBS Bank - marked default Jul 2005 - marked settled Aug 2005

    Now on my Callcredit account I have the following corresponding to numbers above:

    1. Default Jun 2004 - Settled July 2006
    3. Default Sept 2005 - Settled Sept 2006
    5. Default Jan 2004 - never shows as settled but payment each month as OKsince then!
    6. No default registered but shows as settled Aug 2005
    7. Marked default Aug 2005 - Marked settled Sept 2005

    Interesting how the dates between the 2 agencies hardly correspond at all!! Hmmm setting it out reminds me just how many there were!! there were never any CCJ's and all accounts were settled directly through the original lender. One last edit is that I am not sure when the exact payments were made - and can only go as to when they were marked settled.

    Thanks
    Last edited by donmonster; 08-05-2009 at 4:59 PM.
  • naijapower
    LOL, please don't encourage this! It is NOT the best action - DIY is the best way and then go for enforcement order, last resort, that's it. Nothing more, nothing less.

    Read here regards to British Gas - seems it is quite easy!

    1. http://forums.moneysavingexpert.com/showthread.html?t=505819

    2. http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/59012-going-court-british-gas.html
    Originally posted by never-in-doubt
    Okay. I see where you are coming from.
    What is the process for an 'Enforcement Order'?
  • never-in-doubt
    Hi Never-in-doubt

    I will need to check my credit file for some of that info - will not be exact but here goes:

    Equifax:
    1. Egg loan - marked defualt May 2004 - marked settled June 2004 - default will vanish May 2010 - i'd leave this alone.
    2. AMEX CC - marked default Dec 2003 - marked settled Jan 2004 - default will vanish Dec 2009 - i'd leave this alone.
    3. RBS CC - marked default July 2005 - marked settled Aug 2005
    default will vanish July 2011 - i'd leave this alone.
    4. Intelligent Finance CC - marked default Aug 2005 - marked settled Sept 2004
    default will vanish August 2011 - i'd leave this alone.
    5. Egg CC - marked default Aug 2003 - marked settled Sept 2003
    default will vanish Aug 2009 - i'd leave this alone.
    6. Barclaycard CC - marked defualt Oct 2003 - marked settled Nov 2003
    default will vanish Oct 2009 - i'd leave this alone.
    7. RBS Bank - marked default Jul 2005 - marked settled Aug 2005
    default will vanish Jul 2011 - i'd leave this alone.

    Now on my Callcredit account I have the following corresponding to numbers above:

    1. Default Jun 2004 - Settled July 2006
    3. Default Sept 2005 - Settled Sept 2006
    5. Default Jan 2004 - never shows as settled but payment each month as OKsince then!
    6. No default registered but shows as settled Aug 2005
    7. Marked default Aug 2005 - Marked settled Sept 2005

    Hmmm setting it out reminds me just how many there were!! there were never any CCJ's and all accounts were settled directly through the original lender.

    Thanks
    Originally posted by donmonster
    Hiya

    See below for default drop off dates. If I was you, i'd hold fire. No need to ruffle the feathers, you got 2yrs maximum to wait....

    However, you can get a bank account - see here for details:

    http://forums.moneysavingexpert.com/showthread.html?t=1626277

    1. Egg loan - marked defualt May 2004 - marked settled June 2004 -
    default will vanish May 2010 - i'd leave this alone.
    2. AMEX CC - marked default Dec 2003 - marked settled Jan 2004 -
    default will vanish Dec 2009 - i'd leave this alone.
    3. RBS CC - marked default July 2005 - marked settled Aug 2005
    default will vanish July 2011 - i'd leave this alone.
    4. Intelligent Finance CC - marked default Aug 2005 - marked settled Sept 2004
    default will vanish August 2011 - i'd leave this alone.
    5. Egg CC - marked default Aug 2003 - marked settled Sept 2003
    default will vanish Aug 2009 - i'd leave this alone.
    6. Barclaycard CC - marked defualt Oct 2003 - marked settled Nov 2003
    default will vanish Oct 2009 - i'd leave this alone.
    7. RBS Bank - marked default Jul 2005 - marked settled Aug 2005
    default will vanish Jul 2011 - i'd leave this alone.
    Last edited by never-in-doubt; 08-05-2009 at 4:56 PM.
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