Blobby, did you get a letter from hsbc (mcs) saying they had sold the debt to Hillsden (DCL).? If so, you are wasting your time and money still paying hsbc (mcs).

I got a hsbc letter (enclosed with the initial Hillsden letter) saying that the debt had been sold and that any payments to hsbc (mcs) would be forwarded to Hillsden (DCL).

I wil not pay Hilsden (DCL) until they come up with the CCA - therefore I've stopped the payments to hsbc (mcs).

Hi Blobby

Just got an identical letter to yours. What a joke!

"3. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974."

Firstly, why bother trying to find one thing - "a copy of the original agreement" when they then say they are able to supply "a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974"?

That just doesn't make sense. DO IT NOW THEN IF YOU THINK YOU CAN.

Let me know if you hear anything more. I'll do the same.

Cheers,

Denver

Hi Blobby,

Sorry I haven't got back to you sooner. I am only sending off my CCA request today.

Re; the letter they sent you (above) - just sit tight. They can do f... all until they provide that signed credit agreement. Number 3. in their letter sounds dodgy. I'm sure someone on here will have info about what that means and whether it's acceptable (I doubt it).

Just wait for them to respond.

Hi Blobby

I'm in almost the exact position to you. Similar amount owing. Was paying to MCS. Today got letter from DLC saying Hillesden have bought the debt. The letter says "Hillesden trading as DLC" (so Hillesden is DLC and vice versa).

The DLC letter is quite aggresive eg "we will start reporting against your credit file within 30 days", "failue to respond will result in legal action" etc.

I intend to continue to pay the same amount as I did with MCS. I will fill in the form they sent (minus phone details, email, homeowner etc) telling them this. But only after they have complied with a CCA and SAR request. Until they do I will put the payments to one side.

The hearing may only take 10 minutes if that....

Capquest probably won't turn up...

Whether Capquest have the CCA or not they are in default of your request...

Address the judge as Sir...

A decision to set aside will probably be made there (dispute the debt totally)....

CLAIM YOUR COSTS

Prob never a good idea to address a judge as Sir if it's a woman. Tut tut 42MAN. It's not the 70's.

Great to see this Set Aside has worked out. Well done.

Hi Lapos

Just come accross your thread. I had a SD sent to me by a DCA. I went through the process to get it Set Aside. I've recently been to court for the SD hearing. The DCA didn't turn up. It was set aside.

Don't take Connaught's word for it. Go to court to be sure.

Also don't forget to ask for costs. I was awarded £50.

Hi,

I don't want to take over this thread so can any knowledgable types please check my new thread...

http://www.consumeractiongroup.co.uk/forum/legal-issues/133908-statutory-demand-advice-please.html

Thanks

I have an old credit card debt for under £1,000. The DCA that bought the debt from the CC company have chased it for years but I'm certain about a third of it is made up of charges.

The DCA(1) got another DCA(2) to chase it and I requested a CCA (registered post) from them(DCA2). They didn't reply and eventually DCA1 were back harrassing me.

I sent a CCA request to DCA1 (not registered unfortunately) and they didn't respond.

Now they have sent me a Statutory Demand by 2nd class post. I have sent another CCA request (registered with £1 payment).

I know that the chances of them going through with a bankruptcy petition are slim but I want to cover myself and get the SD set aside. So these are my questions:

1. What should I put down as my reason to get the SD set aside?

2. If it doesn't get set aside and they went ahead with the petition what would my options be?

Thanks

Hello Carl,

I'm in a very similar situation as you, just a few days behind you. I have a credit card debt of well under £1000 inc charges and a DCA have, after a long chase, sent me a SD. I have followed the advice on here and sent them a CCA request. I just hope I get the same result as you. I'll be interested to see what responses you get about whether to continue to get the SD set aside. I guess you don't have to bother if you have it in writing that they have closed the file (as long as the SD was from Connaught and not 1st Credit). Good luck

I'm in a similar situation with AIC. I requested a CCA months ago. They've totally ignored it. The debt is to Black Horse.

While I understand that Black Horse need to supply the CCA it is obviously up to AIC to get it from them (pass on my letter maybe) since AIC are acting as Black Horses agents. Since they haven't done this (or Black Horse have failed to find it) then AIC are acting illegally by continuing to chase me (and telephone harrass me on a daily basis even though I've written to them demanding all communication in writing). I have now got Trading Standards involved. They seem to be building a big file on these t...ts. I suggest you do the same. You can get onto your local Trading Standards through your council. Don't forget - this is nothing to do with what you owe, it's to do with AIC acting illegally in harrassing and demanding money from you. Go on, do it.

Oh, another thing... don't ever speak to AIC on the 'phone - put it down. Don't get on to RBS - their agents are AIC.

Mr TS Bloke came over and I showed him all my letters, signed for slips, their letters and a typed out list of all harrassing 'phone calls and times. He's getting in touch with the TS in Glasgow because he's certain there are loads of complaints about this lot.

There are some other things he said that I can't put on here because it might get in the way of what he plans to do.

Just got to sit tight now. I'll keep you posted.

Thanks Dave,

A bloke from Trading Standards is coming round tomorrow to see all my documentation.

Denver

 I had Black Horse trying to get £1,500 from me.

Sudenly it was being demanded by a DCA called MacKenzie Hall.

I sent a CCA request (recorded and signed for) and they ignored it.

A few weeks later Allied were chasing it.

Again I sent a CCA request (recorded and signed for).

They ignored it and continually pester me with threatening letters and phone calls.

I sent a harrassment letter demanding letter contact only (recorded and signed for).

They have ignored it.

The legal time limits for the CCA are long past.

They are breaking the law of a couple of fronts.

3 weeks ago I sent a final "desist" letter along with a request for a copy of their complaints procedure (recorded and signed for) by law they must have one

. No answer, just more letters and 'phone calls (which, of course, I don't answer when I see their number).

I have now contacted Trading Standards (via my local council).

A chap is coming to see me and all my documentation and action will be taken against them.

Apparently they will almost automatically get fined at least £400 just because Trading Standards are getting involved.

The final amount will be considerably more due to their attitude to laws that govern their practice.

Don't speak tp them.

Send a CCA request and a "stop telephoning" letter - both on this site.

Let them mess up, then get Trading Standards involved and watch them get prosecuted.

The more people that do this, the sooner they'll be forced out of business.

please see further down

Hi everyone

Some help please. I have an old Black Horse account. McKenzie Hall started chasing it (no mention about assignment etc) so I sent a CCA request (recorded delivery and signed for) and they stopped.

2 months later Allied International started chasing it. I sent a CCA request (recorded delivery and signed for) and they have continued to harrass me on the phone. I sent the standard "cease all 'phone calls" harrassment letter (recorded delivery and signed for) and they have continued to 'phone me (I see the number and cancel the call).

The Allied CCA request was signed for at the end of April (so now it's criminal) and the harrassment letter at the end of May and STILL they're 'phoning me and sending letters (the last one today threatening a home visit).

What can I do? Is there a legal letter I can send? Should I call the police?

Ok, we're off again. Since I sent the CCA request to Allied on the 26 April they have tried to call me on numerous occasions. I recognise the number and just cancel the calls. I sent an harrassment letter and that seems to have stopped the calls.

HOWEVER, I have now received a letter from Allied demanding payment and threatening legal action. This is dated 29th May, just over a month since my CCA request letter was received and signed for by Allied.

I know that they can not chase the debt while they have not supplied the CCA but that is exactly what they are doing. What action can I take now or should I just ignore it?

Don't bother. If the charges were applied when the account was in both names (and you have all the evidence) then I can't see a problem. They're just stalling. (Not a legal view you understand).

Hi Lisa

I'm just about to do N'wide for a smallish amount. I got £2,000 from HSBC last summer. Just keep going and you'll get it. I've opened another account in case N'wide close mine. I opened it because of the HSBC claim and just because a new DD claimed on the wrong day they rejected it and charged me £30. I wrote (recorded) to claim it back saying I was very tight for cash and badly needed a sight test and specs which that £30 would go toward. They told me to f off. Utter t...ts.

Go get 'em.

Co-Op can give you a decision in 2-5 days. You can apply on the 'phone today. 08457 212 212. You could have an account number by Wednesday to give to your employer for your wages. Nationwide are also good. If you go into a branch you can get an OK almost instantly and an account number to get your money paid in. It may take a while to get your cash card but in the meantime you can go into a branck to withdraw. Apply for a few accounts at once so you're sure of having one in time. Don't leave it too late

Donel261, how's it going with your charges from BarclayCard?

I've had to delay filing the court papers for another 3 weeks (too much expense this month). However I had a letter yesterday dated 21st April thanking me for my letter of 21st April (WHAT LETTER???) and telling me somebody was dealing with it (WITH WHAT???). I called the number on the letter and spoke to someone who was clearly not up to the job. I was passed around, told I would get a call back in an hour (I didn't), called again and finally spoke to someone who was completely confused. She thinks that the letter was a response to one of my original letters weeks ago. She said "all correspondance goes to India to be scanned hence the delay". I said that I had already had responses weeks ago. She said "I don't know then".

What a load of utter b*****s

She then put me on hold while she spoke to the woman who sent the last letter saying the matter is now closed. When she came back she said "no, she won't refund the payments". I KNOW THAT. THAT'S WHY I'M TAKING THEM TO COURT.

Jeeeeez....

Latest: Allied sent a yellow card in the post asking me to contact them re Black Horse account. I've sent a CCA.

Hi Pimp Cat and Object2002

How did your situations turn out?

I had a phone call yesterday from Allied something. They asked for my DOB and something else to prove that I was Mr. Denver and muttered something about the Data Protection Act. I said I had no idea who they were, would not give them any information and that they should write to me. He said "it's about your Black Horse account and we have written to you". I told him that I haven't received anything and he then said, unbelievably, "No you wouldn't have, it was only sent yesterday". I said that I'll wait and read what it says. He then went on to check my address which I foolishly confirmed. Was he, in reading to me my address, contavening the Data Protection Act? He hadn't confirmed my identity.

Anyway it looks like MacKenzie Hall have thrown in the towel. It's either been sold on to Allied by McH or Black Horse. Looks like another CCA request OR DOES IT?

Because McH didn't respond to my original CCA request 2 months ago does that mean they shouldn't have done anything with the debt including selling it on?

Hi Andrew1,

I take your point about it only being £5 but they will have to justify it. I can't see it costing more than pence, if that. It probably involves no human intervention. Their system probably recognizes an unpaid bill on a certain date and the charge is automatically added.

As you say, it would be good to hear from an ex employee. I'm going to ask a mate's brother who worked in BT sales if he can help.

Whatever, it's worth possibly losing the £30 court fee to either get the money back or know where the court stands on this.