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Hillesdens CCA refused as overdraft?


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Hi

 

I have just received a letter back from Hillesden securities, as a response to a CCA request i have sent. The debt is one that i did not recognise, and as they were the ones showing on my credit file i sent them a CCA request.

 

They have replied stating.

 

  • They acknowledge my request for CCA
  • That there is no copy due to the debt refering to a non contactual overdraft facility (from Barclays).
  • They will however request a copy statement of account.

What should i do?

 

I don't recognise this. The account has been closed for approx 5 1/2 years. As far as i was concerned all money was sorted. And on my credit report this is showing as a default account, with the default date stated as 18th June 2002.

 

I would assume that they would need to provide some document that will authenticate their claims.

 

Anyone had similar problems?

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You could write to them and point out they have failed to act on a legal request and as such they are in danger of defaulting themselves.

 

Remind them that demanding money without proof is tantamount to fraud and you should ask them to think very carefully about their next actions.

 

In the meantime a SARN notice to Barclays might be a good idea just to check what they have on this.

 

Bearing in mind the age of this, more than 63 months now, it is important that you start each letter with the words "I do not acknowledge any debt to you etc"

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You could send them another CCA and request the Account Opening Form for the Bank Account, see what they churn up.

 

I beleive you can CCA a Bank Account, but you don`t ask for a Credit Agreement, but a Opening Form.

 

Hope this helps.

 

Regards

 

 

N.P.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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If Ruthbridge are involved ignore any cards that might arrive saying there is a parcel to collect. They are complete idiots but specialise in collecting unenforceable debts. Which may give you a clue as to your position;)

 

If Hillesden are claiming that CCA is irrelevant I think you need to send a SAR to find out exact position with account. If you are sure all was paid off then why should you even have to speak to people who are claiming you still owe money?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi

 

I have already sent out a CCA request to Ruthbridge when i first received a letter from them. I have not heard anything from them since (approx 2 1/2 months ago). Once i had done this i checked my credit report to see if anything was on here relating to this. This is when i discovered that Hillesden were claiming the exact same debt.

 

Judging by what people have suggested would i be right in the following these next steps.

 

  • Wait for Hillesden's to send out the copy statement of account (as they have said they would).
  • Once i have received this send a SAR request for all the details held.

As Hillesdens are the people showing on my credit report, would i be right in thinking that they are the ones to SAR?

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Think you should wait - yes. Sounds like Ruthbridge passed it back to Hillesden when you sent the CCA letter - that's what happened to me.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Light bulb comes on:D I really didn't click on that one - thanks Gizmo. Presumably they put their different hats on depending on which one they think will get results. In my experience Hillesdens play the intelligent lawyerish part, DLC have a robot that leaves messages on your answerphone and Ruthbridge are the parcel distributors whose first letter threatens you with bankruptcy.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 3 weeks later...

Well what a surprise.

 

After receiving a reply to the CCA request stating that this debt does not require a credit agreement, Hilledens said that they would request a statement of accounts and update me within three weeks.

 

In summary they haven't. It has been approx 5 weeks since the reply to my CCA and they have not supplied me with any evidence that they own the debt.

 

My initial thought was to write to Hillesdens and ask them request the opening form for the account. If they are unable to supply this, then i would assume that they have no legal right to be trying to claim this alleged debt.

 

P.s I have sent off a SAR to Barclays to see what details they have.

 

Anyone have any other ideas?

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I would SAR the original bank, and if you feel affluent, both DCA's on your credit report.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 months later...

Hi

 

I have again received the same letter from Hillesdens, in reply to my CCA request. The request was sent on 27/09/07, they replied saying that this did not apply as an overdraft, and would request statement of accounts from Barclays (and update in 21 days). NO response until today, when i received a very similar letter stating they are waiting for the statement of accounts and have put my account on hold until they have received these details.

 

What should i do now?

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If you've asked them to prove the debt, then you're waiting for them to do just that.

 

I think wait and see what they do next and respond accordingly

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Hi

 

I have again received the same letter from Hillesdens, in reply to my CCA request. The request was sent on 27/09/07, they replied saying that this did not apply as an overdraft, and would request statement of accounts from Barclays (and update in 21 days). NO response until today, when i received a very similar letter stating they are waiting for the statement of accounts and have put my account on hold until they have received these details.

 

What should i do now?

 

wouldn't do anything until they actually send you the info

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 4 weeks later...

Update

 

received yet another letter from Hillesdens (04/02/08) informing me that they are still trying to locate the details of this account, and will update in 21 days. This is the third time they have sent this out so have had well over 9 weeks to locate the information.

 

Is there anything i can do, i want to remove this from my credit file, Hillesdens are updating my credit file on a monthly basis. They are doing this yet have no info regarding the debt.

 

???

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Update

 

received yet another letter from Hillesdens (04/02/08) informing me that they are still trying to locate the details of this account, and will update in 21 days. This is the third time they have sent this out so have had well over 9 weeks to locate the information.

 

Is there anything i can do, i want to remove this from my credit file, Hillesdens are updating my credit file on a monthly basis. They are doing this yet have no info regarding the debt.

 

???

 

Im on number 10.

 

Got T/S on the case now and I know they are in big trouble over serious non compliance.

 

If you feel up to it report them to your local T/S. The more the better.

 

HAK

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Thanks HAK

 

I will have a look at doing this, if i do complain, and they still find no information would this mean that they have no legal right to claim the debt, and therefore no legal right to update my credit file?

 

Are there any timescales that need to be observed whilst doing this?

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