DLC chasing debt

ftolad · 9th May 2008, 17:52

Hi all,

Based on the recent success I had with Lowell regarding a different debt that was statute-barred, I now want to take on DLC regarding another matter.

This is a little more complex, and the debt is NOT statute-barred.

Back in 2002 I got a new car, it was on HP with Wellcome Finance over 4 or 5 years (I do have the original agreement), and the interest rate was horrendous. I kept the car but soon realised that I had made a mistake, but couldn't afford to get out of it at the time.

After doing some reading I realised that under the CCA after half of the term was up, I could return the goods and provided the condition was ok, there would bne nothing further to pay.

It took a lot of effort to convince Wellcome that I was right, and that I could return the car... I even had to get the local trading standards involved. It resulted in the return of the car, and I thought that was the end of it.

Now, some time on from this they were insisting that there was an oustanding amount of approximately £600. They stated it was for insurance over the entire term of the agreement. TS and I argued that this was unfair as the insurance was non-transferrable, and that I should only have to pay up to when I handed the car back.

Since then, Wellcome passed this debt to a DCA, which finally caught up with me a year ago. I made another foolish mistake at a time when my spirits were not so good, and started to pay them. Thinking back over this, I still believe that this money is not theirs.

I have stopped paying DLC for the moment whilst I collect my thoughts and decide on what to do next. They've been leaving lots of messages and sent a letter today advising that I have till the end of the day to contact them, or the agreement I have set up will be cancelled. There's about £80 left.

So, what are my chances of successfully winning this? I can't find the original paperwork from the TS though.

TIA.

ftolad · 9th May 2008, 18:43

Quick update... After some hunting, I can't seem to find the original credit agreement. I'm guessing then that the first step would be to do a CCA request?

maroondevo52 · 9th May 2008, 20:38

Hi, ftolad.

Yes, think I'd CCA them and put the account into dispute.

Regards.

Scott.

ftolad · 13th May 2008, 17:04

Hi all, well I've sent the CCA letter off today, and set my calendar with the dates, so we'll see what happens. Thanks again.

ftolad · 13th May 2008, 19:11

Thanks Scott. CCA letter sent recorded delivery this morning.

I had a phonecall on Sat morning from them, and I refused to answer their security questions. I advised them that further contact should be in writing.

This seems to have worked, as last week they kept calling every day on both my home phone and mobile, but I've not had any more since.

I'll update when I know more.

maroondevo52 · 13th May 2008, 21:06

Quote:

Originally Posted by ftolad

This seems to have worked, as last week they kept calling every day on both my home phone and mobile, but I've not had any more since.

Thats sound, ftolad.

I have not had a peep out of the two DCA's chasing me, since my CCA request

Regards.

Scott.

ftolad · 24th May 2008, 12:44

Morning all, I've had a letter throught the post from Hillesden Securities:

http://i300.photobucket.com/albums/nn10/ftolad/DLC.jpg

They've sent me the agreement:

http://i300.photobucket.com/albums/n...lad/DLC001.jpg

Would someone mind taking a closer look at it to check it conforms? The other thing to mention is that although I didn't expressly request this, don't they also have to provide the Deed of Assignment and a statement of account? If so, they are still outstanding from the request.

TIA.

ftolad · 24th May 2008, 15:15

Not sure if it's worth mentioning but it was a HP agreement.

ftolad · 25th May 2008, 16:11

*bump*

lookinforinfo · 25th May 2008, 21:42

Ftoload, the print is so light I cannot read it and you have cleaned most of the financial info where there are possibilties for them to make mistakes thus rendering the contract invalid.
It appears that despite their arguments, it is stated quite clearly that after you have paid a certain amount [£4620 odd ?] you can terminate the contract. There is no mention of insurance still being due nor should there be.
I would be giving them 14 days to refund that money or you will take them to Court and reclaim it. I am surprised that TS did not point out to you not to pay them as you had already fulfilled your part of the agreement.

When making a CCA request, you are supposed to receive within a stipulated time frame 1] an executed copy of the original agreement. 2] a financial statement of monies received and any payments missed. 3] should there still be an amount outstanding, then a list of dates when those payments are supposed to be made 4] a copy of the Terms and Conditions applying at the time you signed the loan. [That would spell out in greater detail how to
terminate the contract early and clarify the insurance position-which is probably why it has not been included]. If any of 2] 3] and 4] were not included then Welcome have not complied with the CCA request and they cannot pursue you for the insurance money-which they should not be claiming in any case..
The deed of assignment does not have to be included in a CCA demand though some companies do send it.

ftolad · 25th May 2008, 22:42

Thanks for taking a look, LFI. I can rescan the image with the financial bits in place, and remove the personal details. Just to make things clear, all DLC have been chasing me for is the optional insurance that I took out. It amounted to something like £600. Back last year, when I wasn't really in the best state to deal with this, I started paying them.

Anyway, TS stated back in 2004 that I shouldn't be paying off the remainder of the insurance as it was non-transferable. I moved, nothing happened until DLC contacted me last year.

All I've received is the two items scanned, no Deed of Assignment, and I've also not received a statement of account showing payments made. Should I send a letter back to them advising them of their obligations? I get the feeling that come next week, DLC will be calling me everyday again.

lookinforinfo · 26th May 2008, 14:11

Well if it was me I would be demanding the insurance money back asap. You are not liable for the insurance once you hand the car back. And ask for interest on the money you reclaim also.

ftolad · 2nd June 2008, 11:45

Here's the less adulterated scanned copy of the agreement:

http://i300.photobucket.com/albums/n...lad/DLC002.jpg

I've left all the figures in... one thing I noticed is the difference in the dates at the bottom of the agreement. Anyway, does anyone think this is enforceable? I still haven't had the Deed of Assignment or statement of account from DLC.

ftolad · 4th June 2008, 19:06

Can one of the mods or helpers, or anyone else take a quick glance at my last post and updated copy, please? I just need to be clear if the prescribed terms are all there. Also, even with glasses, it is rather difficult to read.

I haven't heard anything from DLC yet, and none of the other docs have shown up.

Thanks.

steven4064 · 5th June 2008, 16:36

Hi ftolad

I had a look at the agreement and, presuming all the numbers are correct (I can't check them ATM), then it is a properly executed agreement and enforceable

ftolad · 5th June 2008, 20:50

Am I still right in assuming that without the Deed of Assignment and statement of payments, they are still in default of my request?

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