D = DG Solicitors (aka HSBC)

I love DCA's calling me and thanks to all here on CAG, my confidence and knowledge has gone through the roof. I get really upset if DCA's do not hang up on me when they call!!

I don't but someone will be along to assist further. If it drops down the list during the night, bump it back up tomorrow morning.

If it's for a Credit card or loan send the CCA letter, they have 12+2 days to reply, send by recorded delivery with a postal order for £1 and DO NOT SIGN THE LETTER, just print your name.

Hello to all the guests

Direct Legal & Collections (DLC) aka Hillesdens for their continued persistence to send threatograms and bombard us with telephone calls on a debt that is in-dispute as they have not supplied a CCA and told us to contact the original creditor.

Hi MJ, Send BCW the following statute barred template letter. Send by recorded delivery, print your name and never sign the letter. Dear Sir/Madam, You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say under their Debt Collection Guidance on Statute Barred Debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is Statute Barred could amount to harassment contrary to CPUTR2008. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours Faithfully Print Your Name (DO NOT SIGN) Best Wishes

Connaught cannot take your daughter to court using a reconsituted agreement, they must produce the originals. If they had the originals, they would have sent them to your daughter in the first place. Connaught would say it is not statute barred, when was the last payment made?

Or they can apply directly to the DVLA themselves, here's the link.... Release of information from DVLA records For a fee, the DVLA will only be too happy to hand over your personal information.

The reason for BCW wanting you to contact them is simple, a text costs just pennies to send, if you call the 0844 571 number that BCW ask you too, the cost is 5p per minute which they get a cut out of and thats not including the 2.5p connection charge. Hope this helps but follow the golden rule and never speak to them on the telephone.

What are you on about, 'SD will be set aside'? There is nothing to set aside. Yep, ok. Just re-read through and seen post 6.

Hi Domyheadin, If you don't know, The Litigation Specialists that Lowells are referring (Hamptons Legal) are just another desk within the Leeds Losers Offices. Follow the excellent advise on here and the SD will be set aside. Best Wishes

Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On (date) I received the Claim Form in this case issued by you out of the (Name) county court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the assignment* 3 the default notice* 4 the termination notice* 5 [any other documents mentioned in the Particulars of Claim]* * delete if not mentioned in the Particulars of claim. [Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]# # delete if claim for a sum exceeding £5,000.00 You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully you may have to alter some of this in order to take in what you are trying to achieve

If our experience with DLC is anything to go by, here is what to expect in the future after you submit them with a CCA request. Adding to post 5. After the letter referring to the McGuffick Court Case, this will be on a Hillesden Securities letterhead (same Company), then you will receive a normal threatogram from DLC followed by a letter once again Headed from Hillesden Securities saying that they are only collecting on behalf of the original creditor, returning your £1 postal order and asking to CCA the original creditor. Account In-Dispute Letter away.

Happy days and goodbye to Welcome. Our loan is in dispute with welcome and has been for over 3 months, even now we still get the postcards and letters through the door from Lewis demanding payment, letter away to Lewis, all goes cold for a few weeks and then back to square one. If the loan book is sold as an asset, Welcome will still sell on all of the disputed accounts, who on here has ever heard of a DCA or Financial Organisation playing by the rules?