Advise Needed - Hillesden - Dlc - !!

[Bouncing back !]

Hi

Just a note to let anyone know if they didn't already ? That I recently CCA Hillseden Securities & CCA Direct Legal & Collections to be told by Hillesden; they are trading as Direct Legal & Collections, therefore are the same company !!

ANY ADVICE WELCOME

In my response to my CCA's to the above, they kindly returned 1 x postal order as I had effectively requested the info twice !

1) Went on to say that they had requested copies of the original agreements & accounts (from MBNA) when they become available they will forward.

2) If there unable to supply a copy of the original agreement, they will be able to supply true copy of document which will comply with sec 78 of CCA 1974

3) In view of the current dispute & our inability to supply a copy document at
this time we shall ask the CRA's to suppress our entry pending resolution.

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

CAN ANYONE CLARIFY POINT 2 & 3 for me I think understand 99% of point 3 however point 2 seems a bit hazy !!

Also any thoughts on the 21 days ???

If I have understood correctly through reading on the site....they have the following:

1) 12 days to comply to request (+2 days for posting, I sent recorded del so I can check when exactly received) by them and then add 12 days (is this classed as working days, if so do we now include weekends !!).

If they fail to fulfill this request they can NO LONGER enforce the debt ? Now this bit gets interesting they have already registered a CCJ & have a Charge on Our Home, we pay them a nominal amount each pcm of the debt ! However, we are currently pursuing MBNA who originally the debt was with have sent a Data Protection Act request. Hillesden I believe bought the debt from MBNA! We are disputing the amount owed to MBNA with regards to: unlawful charges etc....

2) If they cant supply in 30 days (When does this start ??) they are in breach of law with regards to their obligations under the CCA 1974 Act. Therefore, should they insist in going to court to have the debt reinforced, they could be fined !!

Any advise would be greatly appreciated !!

Thanking you in advance for your help !

Bounce

[peterbard]

A letter back along the lines.
Whilst i comiserate with your internal administrative problems the request has been made in accordance with my constitutional rights under the Consumer Credit Act 1974 and unless you respond within the required the timeframe specified within the act I will have no alternative but to take the appropriate legal action.
The timescales are these, you have 12 working days to respond to the orriginal request from the date you recieved the request as per Postal registration no.*****after this date you are in default and no longer have the recourse to persue this debt through the court.
Then after you have a further 30 callender days after which you will be reported to the Office of Fair Trading for non compliance and could be the subject of criminal litigation proceedings.

(Up Yours ) Sorry Yours faithfuly

*******

[gizmo111]

They already have a CCJ and a charge so there is no point pursuing the agreement as they have already taken legal action. All the CCA request does is stops the debt being enforced through the court as they have no proof of it - it does not mean it doesn't exist.

You would have to apply for a set aside of the CCJ and give good reasons why you didn't defend at the time of the court hearing.

[Bouncing back !]

hi peterbard

thank you for your advise....like the letter & shall send forthwith !!

Shall keep posting with updates.


Thanks again

Bounce

[Bouncing back !]

Hi Gizmo111

Thank you for your comments, I do appreciate that the matter has already been to court. So therefore that particular part of peterbard letter would not apply....no harm in reminding them of the law & the time scales in which they need to adhere to.

thank you again for your help

bounce

[peterbard]

Sorry i didn't know that the case had already gone to court Had you applied under section 77 before the court date?
If you had and they hadn't supplied it you could use that as reason to have the case set aside it will cost you £65 though.
Also did you recieve a default notice prior to proceedings you can aply for a copy of that under section 97. This would also give grounds for the ccj to be set asside.