old mortgage and demands from dlc to sort payment of 2.4k

[tojo08]

as was advised by this forum i sent dlc a letter requesting a credit agreement
and in reply i recieved this,
thankyou for your letter regarding my account, i can confirm and advise the following.
1/ hillesden securities t/a direct legal & collections are an agency collecting on behalf of our clients halifax plc.
2/ your request for information under the consumer credit act 1974 is required tobe made directly to the client that legaly owns the above account:halifax plc.
3/please forward your request to EUI LIMTED and they will respond directly to you.
further to the above, please find enclosed the £1 postal order recieved for your consumer credit act 1974 request.

so as this seems a daft question , why if halifax owns this account do i have to write to EUI, and who is eui.
so what do i do next
1 / dlc do i write them letter saying no more payments.
2 /do i still pay them and contact halifax with request for credit agreement?
3 / just write to eui ? whoever they are?????
all advice much appreciated,.
thanks all.

[creditcardmug]

This is all rubbish, if they are demanding money from you THEY are the creditor for the purposes of a CCA request, suggest you send them this with the PO send recorded.




Re: Account no: xxxxxxxx

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

If you do not understand this letter, you should seek professional advice

[tojo08]

thankyou creditcardmug.
do i include that if i dont understand letter or is that bit for me?
and if they dont send credit agreement
should i write to them and stop payment to dlc.
then send a letter to halifax plc?
thankyou

[creditcardmug]

Originally Posted by tojo08

thankyou creditcardmug.
do i include that if i dont understand letter or is that bit for me?
and if they dont send credit agreement
should i write to them and stop payment to dlc.
then send a letter to halifax plc?
thankyou

They have 14+2 days to respond with the agreement, if they dont, you can stop paying them as they will be in default of your lawful request.
Send it just as it is.
Oh and head the letter with this,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT


If/when you get a reply post it up on this thread for further advice.
Regards CCM

[tojo08]

Originally Posted by creditcardmug

They have 14+2 days to respond with the agreement, if they dont, you can stop paying them as they will be in default of your lawful request.
Send it just as it is.
Oh and head the letter with this,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT


If/when you get a reply post it up on this thread for further advice.
Regards CCM

thankyou creditcardmug,
will send first thing monday,( and will post reply)
they sent that other letter back very quickly .
many thanks tojo

[creditcardmug]

Originally Posted by tojo08

thankyou creditcardmug,
will send first thing monday,( and will post reply)
they sent that other letter back very quickly .
many thanks tojo

Here's a tip, get yourself a folder and keep EVERYTHING concerning this in there including postal receipts, you will need it later on

[tojo08]

Originally Posted by creditcardmug

Here's a tip, get yourself a folder and keep EVERYTHING concerning this in there including postal receipts, you will need it later on

will do ,. could you tell me, if this credit (cca) im asking for tells me exactly what the debt was i owed,.
because this debt isnt a credit card its a previous mortgage i had. i got rid of the mortgage.. no i went to halifax and asked them to reduce payments
and they said no. so i told them i wasnt paying anymore and gave them the keys.! the house was later sold on and then dlc was the next stage i got. saying i owed halifax 7000 grand nearly. i never had any letters from halifax demanding this kind of money and dont really know how much it really was.
thanks tojo

[tojo08]

p.s. my wife has just read this thread and says because i have been paying this debt of to dlc for halifax plc then have i already aknowledged this debt?
thanks tojo

[creditcardmug]

Well this changes everything, mortgages aren't covered by the CCA, so everything i have said so far doesn't count.
It sounds like what you have here a "mortgage shortfall", which means they have sold the property and say they are out of pocket by 7k.
I think you need to get advice from an expert in a different forum.

Dont worry there is still a way out of this for you, it happened to me a long time ago, but i dont feel confident enough to advise you.

Can a mod move this thread to a forum to do with mortgages please?

[tojo08]

Originally Posted by creditcardmug

Well this changes everything, mortgages aren't covered by the CCA, so everything i have said so far doesn't count.
It sounds like what you have here a "mortgage shortfall", which means they have sold the property and say they are out of pocket by 7k.
I think you need to get advice from an expert in a different forum.

Dont worry there is still a way out of this for you, it happened to me a long time ago, but i dont feel confident enough to advise you.

Can a mod move this thread to a forum to do with mortgages please?

thanks ccm ,do you know which part deals with mortgage bit and will see what they say, thankyou bud.

[freakyleaky]

Thread moved.

[creditcardmug]

Its mortgages and secured loans, you could just start a new thread in there now, try and put the basic details in to your first post, and name your thread something like "possible mortgage shortfall problem".
Sorry i couldnt help more on this occasion, but if you ever get creditcard problems i may be able to.
Regards CCM

Too late a mod has moved it for you, thanks freaky

[freakyleaky]

Originally Posted by creditcardmug

Too late a mod has moved it for you, thanks freaky

No problem.

Tojo, would you like me to change the thread title to reflect the specific problem? ie Mortgage shortfall problem.

[creditcardmug]

Originally Posted by freakyleaky

No problem.

Tojo, would you like me to change the thread title to reflect the specific problem? ie Mortgage shortfall problem.

I would but i think only a mod can change thread titles

[freakyleaky]

I think tojo is creating another thread. I think he has missed these last few posts. Once he has done it I will merge the 2 and change the title.

[creditcardmug]

Originally Posted by freakyleaky

I think tojo is creating another thread. I think he has missed these last few posts. Once he has done it I will merge the 2 and change the title.

Thanks again freaky