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My debt to Hillesden Securities. Please help!!


Jay2729
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I am new...sorry! I really don't know where to start except to briefly explain my position. Any advice would be so GREATLY appreciated.

I couldn't afford my Egg loan, defaulted on my agreement with them and now my debt has been handed to Hillesden Securities. I called them this morning and they demanded full amount (11000). They agreed to me paying 5% of this today with a review in 28 days.

I now live abroad so no longer a resident of the UK. Hillesden have no contact information for me other than an email address and my mum's address in the UK. I can't afford to pay them very much even though they are demanding money and threatening with "solicitors all over the world" and court action. I have checked with Egg and this is all legitimate. I'm going to pay them (somehow) the 5% they are demanding today but then I don't know what to do. Legally i don't even know where I stand. I own a house (mortgaged), which they don't know about and as far as they are concerned I'm unemployed and living with friends!!

Please please, if anyone can offer any advice I'd be so grateful. I don't know what to do...

 

Yours, Jay

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First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

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Thanks a lot for your response and your sound advice. It's awkward sending mail to the UK as it takes over a week to get there and therefore deadlines are often missed! I have called Egg and according to them the DCA DO have the legal right to collect the money owed. I'm not trying to dodge the debt in any way. I want to pay it, i just want to be able to pay it on my terms! If i make the demanded 5% payment will i be in a better negotiating position with them?

Thanks again for your advice!

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Email your mum the letter and ask her to send it. There is no deadlines for them, they just pester whenever they feel like it.

Send the letter to them from where you are, it doesnt really matter. You can do signed for from your country no doubt but may cost a little more.

DO NOT SIGN IT! £1 postal order and leave them to break the terms set by you.

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Thank you for your help! As yet I haven't paid anything and will probably take your advice and mail the letter before making any payment. I don't have the money to make the payment even though I said to the DCA that i had. Beyond that I don't know what happens. If I send the letter and ask them to correspond with me at my Mum's address, what will there next move be?

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Don't get hung up about deadlines, they are setting them to make you think they are in control.

 

Write to them and put whichever address you want them to correspond to on the letter. The post takes as long as it takes and they just have to wait. It is about you taking control and dictating your own pace.

 

Never let them rush you into making decisions or rash promises.

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I am just after some advice if anyone can help ?

A long story cut short: -

I had an account with Barclays Bank which I defaulted on and in turn my account was sold to Hillesden Securities Limited. The account balance at that time was £1,608DR.

In February I claimed back excessive charges from Barclays Bank via the Financial Ombudsman and received a full refund of charges. I was awarded £1260.

I therefore believe my liability to be £348 to Barclays Bank plc (now Hillesden Securities Limited).

I do realise that it may have been in my best interests to of paid the amount refunded from Barclays direct to Hillesden Securities, but, obviously I don’t want to without a fight.

I have disputed the claim Hillesden Securities have against. I have advised Hillesden of my refund and advised them I will settle in full and final without any liability in the sum of £348. (This being the original balance less the refund).

This has not been accepted and I am currently in a position where neither side is moving forward. As far as the paperwork behind the claim for Hillesden Securities is concerned they have a record of £1608 being outstanding. Obviously this includes £1260 worth of default charges etc which Barclays later refunded to me…

Interestingly, I believe Hillesden Securities may of purchased my account for an estimated sum of £350 (The actual amount viewed by me as debt)…

I have requested and paid for a copy agreement which has not been received. An offence has now been committed. I also did not provide permission for the agents of Hilleden (DLC) to view my bank statements – is this a concern due to Data Protection? I believe the terms and conditions of sale will detail if DLC have authority to view my personal statement ?

However, my credit file still reflects £1608 as a bad debt and I am now currently working on having this updated to reflect £348 at the very most.

I do not believe the claim Hillesden Securities has against me to be valid – what is your opinion on this ?? I wonder if the Vendor is liable to Hillesden Securities ?

How do I move forward in aid of having my credit file amended bearing in mind the above ??

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