Hillesden Securities/ DLC YB OD Charges debt

[tom a]

Hello everyone.

It's my first post on the debt forums so please be gentle with me.

I had pneumonia two years ago and got in arrears with our payments.

We couldn't catch up with back payments and have started a DMP with the CCCS.

Everything was going fine then out of the blue we received a letter from Direct Legal & Collections saying we owe £177.68 to Hillesden Securities.

The debt is to the Yorkshire Bank for charges added when we went overdrawn due to a banking error but the Yorkshire Bank wouldn't accept this.

This is from 2005.

My question is do we now owe the money to DLC or Yorkshire Bank or whoever?

I received a letter this morning from Aplins Solicitors threatening legal action.

What's our best plan of action.

Thanks in advance.

[Curlyben]

Firstly NEVER talk to these "people" on the phone as they will say anything to secure payment.

Second get a S.A.R - (Subject Access Request) into YB and start the charges reclaim process.

 

Next for the DCA's time to inform them that you are disputing the "debt" with the bank and as such they should hold any action against you.

 

Try this:

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Good luck and keep us posted.

[tom a]

Thanks CurlyBen.

Letters printed and in the post box tomorrow.

[oneofakind]

Don't be surprised if they bombard you with phone calls. just say "all communication in writing please" and hang up. you may also want to remind them that continued calling constitutes harassment...

 

Keep a log of any calls they make.

 

[tom a]

Received a letter today from DLC thanking me for the letter disputing the outstanding balance.

They go on to say that the dispute should be taken up with the Yorkshire Bank, which I already have done.

To draw the matter to a close they will accept £133.26 in full and final settlement.

The Yorkshire Bank reserves the right to pursue any other borrowers for the remaining balance.

They then ask for the remittance by 23/11/07.

What,if anything,do I do next?

Thanks in advance.

[Curlyben]

File under IGNORE as they should NOT be demanding payment while the account is in dispute.

[tom a]

Suitably filed. Thanks once again.

[tom a]

They never give up do they? Recieved a postcard today from Hillesden Securities asking for me to ring them to arrange for one of there representatives to call.

Should this be filed with the other stuff?

[Curlyben]

Defiantly.

 

Wait for something constructive.

[tom a]

Thank you.

[sosumi]

Hello everyone.

It's my first post on the debt forums so please be gentle with me.

I had pneumonia two years ago and got in arrears with our payments.

We couldn't catch up with back payments and have started a DMP with the CCCS.

Everything was going fine then out of the blue we received a letter from Direct Legal & Collections saying we owe £177.68 to Hillesden Securities.

The debt is to the Yorkshire Bank for charges added when we went overdrawn due to a banking error but the Yorkshire Bank wouldn't accept this.

This is from 2005.

My question is do we now owe the money to DLC or Yorkshire Bank or whoever?

I received a letter this morning from Aplins Solicitors threatening legal action.

What's our best plan of action.

Thanks in advance.

Now this just plain annoys me. DLC and Hillesden are the same company. So why do they do this? More importantly, how do they get away with it?

[tom a]

I think there tactics are to try and frighten people into paying something they can't afford. They'll have to try a hell of a lot harder to frighten me.

If I get a house call from one of there representatives what's the legal position?

[Dazj20]

Is this a bought debt ?

 

The client willl be Hillesden Securities Limited and the agents are DLC acting on their behalf.

 

Either way, write back and state you dispute this balance.

 

Request a copy of any deed of assignment, a copy of your agreement under Consumer Credit Act (ask me further questions if not sure).

 

Have you considered making a claim for default bank charges applied to your account ? There is currently a test case which means the banks are no longer paying out. However, this should give notice of your intention to Aplins who may decide against selecting your account for suing as excessive default charges are not enforceable in the county court.

 

Let me know if you require further information / advice ...

[Dazj20]

Tom

 

Should you receive a visit from a field agent - dont worry.

 

They do not have any powers of enforcement.

 

Only court bailifs are able to enforce payment and for that to happen you first have to have a CCJ. Even in the event of a CCJ being given against you when Bailifs are involved you simply contact the court and complete form N245 which will grant a new order which may work in your favour payment wise. Any further info required, let me know!

[tom a]

Thanks for your replies.

The account is a bought debt as far as I know.

I wrote to DLC telling them the account is in dispute on 24th October.

Also sent SAR to Yorkshire Bank.

Will wait and see what they do next.

[tom a]

Update and advice please.

Received a telephone call this morning from DLC.

Told them the account is in dispute and they have received a letter a stating the fact.

They informed me that the account now belongs to them and I owe the money to them.

Told them not to phone me again but he said they can't do that because the calls come from a call centre!

He said if I don't come to an arrangement with them legal action would be taken and a default issued and further costs added.

Told him I would take further advice and put the phone down.

Where do I go from here please?

[Dazj20]

Contact DLC and request they remove your telephone number. Then request they note on your account that you have made this request. Ask them to confirm this has been done. Should they challenge this, refuse to discuss this with them. They are obliged to remove your telephone number at your request.

 

They are not allowed to state legal action will be taken... this can be taken as a threat. The correct term they should be using would be "legal action MAY be taken".

 

If your account is in dispute they shouldnt add on interest.

 

It is up to you to pick a fight with DLC now and not allow them to bully you.

 

As they are now legal owners write into them requesting a copy of your original agreement under CCA with a £1 payment. Request that they provide you with a copy of the sale agreement detailing any legal rights they have.

 

Any problems let me know !

[tom a]

Thanks Dazj20.

CCA and letter asking for removal of phone number in post.

[tom a]

Letter signed for on 17/11/07.

Received a letter dated 16/11/07 this morning stating that they " intend to serve a Statutory Demand under section 268(1) (a) of the Insolvency Act 1986. If the above sum is then not paid immediately you could be made bankrupt and your property and goods taken away from you.

This course of action can be avoided if you contact us within the next three days with your realistic proposals for settlement".

Can this be filed along with the others?

I will fight all the way but the other half is very worried.

Any more advice please?

[toddle2u]

tom a - don't worry about the SD is a total scare tactic. To be able to serve one on you the debt has to be for over £750 so that can't do this as yours is for £177. I would write and point this out to them - the muppets

[Curlyben]

Throw this at them.

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

[oneofakind]

Don't forget those OFT guidelines - 'False representation of authority and/or legal position'

 

2.4(b) Falsely implying that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance id too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted.

 

Muppets!

[tom a]

Thanks once again for your prompt replies.

Should I fire off the letter of complaint or give them time to reply to my CCA request.

[tom a]

Recieved a letter this morning from Hillesden Securities thanking me for my recent letter.

They are unable to supply a copy of the original agreement at the moment and if they are unable to do this they will supply a true copy of the document which will comply with section 77 of the consumer credit act 1974.

They also have sent me a copy of the key pages of the sale agreement but are not able to supply a full copy because the information is commercially sensitive, however, they would supply a copy to a judge in court.

They will update me on developments in 21 days.

Where do I go from here?

Thanks in advance.

[Having_A_Knightmare]

You could Report them to T/S

 

email this lady at northampton T/S.

 

She is very good and is gathering evidence to take the case to OFT

 

[email protected]

 

Click here for great help:razz:

http://www.consumeractiongroup.c o....hat-youre.html

 

http://www.consumeractiongroup.c o....i-dummies.html

 

If I have helped please give the scales a press.