Sutton's default removal letters

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    donmonster wrote: »
    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.

    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
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • hack2009
    hack2009 Posts: 41 Forumite
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    never-in-doubt wrote: »
    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....

    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
    never-in-doubt Posts: 20,613 Forumite
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    hack2009 wrote: »
    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.

    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. :beer:


    However in your case, well done for winning - its great when you beat them!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • naijapower
    naijapower Posts: 1,393 Forumite
    edited 8 May 2009 at 4:43PM
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    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!!!!!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    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
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    naijapower wrote: »
    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!!!!!

    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
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • donmonster
    donmonster Posts: 33 Forumite
    edited 8 May 2009 at 4:59PM
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    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
  • naijapower
    naijapower Posts: 1,393 Forumite
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    never-in-doubt wrote: »
    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

    Okay. I see where you are coming from.
    What is the process for an 'Enforcement Order'?
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 8 May 2009 at 4:56PM
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    donmonster wrote: »
    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

    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.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 8 May 2009 at 5:05PM
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    naijapower wrote: »
    Okay. I see where you are coming from.
    What is the process for an 'Enforcement Order'?

    Man, 501 questions LOL

    To enforce it, points in my letters (Noah's original post) should be followed.....

    The process starts as follows:

    1.CCA Request

    2. Non Compliance

    3. Dispute letter

    4. Section 10 - Cease and Desist from processing data.

    If they refuse s.10 (point 4) then you may proceed to enforcement, i.e. enforcement for them to remove data - what the s.10 in essence tells them to do. If you apply earlier you'll get struck-out. There are processes to follow and these must be followed when taking legal action. :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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