Thread: Advise Needed - Hillesden - Dlc - !!

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

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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.

hi peterbard

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

Shall keep posting with updates.


Thanks again

Bounce

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

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