DLC are annoying me

[Goldlady]

I haven't posted about this one apart from the odd mentions on other people's threads (Hi DMD:)). CCA request to Barclaycard produced a very basic application form as seen before many times on here. They then proceeded to send me a full set of copy statements, in no particular order, and a set of T&Cs from 2006 - the card is at least 15 years old.

 

I then got a letter from Hillesden telling me that they had now fully complied with my CCA request and that they would be happy to rely on the aforementioned documents in any future proceedings. This was in September. I had previously sent them a letter telling them I did not accept that they had complied and suggested they put it to the test:shock:

 

No more correspondence, well a couple of 'you must ring DLC' letters and pretty pink postcards, but almost every day when I check my messages the DLC robot is telling me I must ring them. OH did get a real person last week when he answered the phone.

 

Just wondered how long it will be before they go away? If anyone has a suitable missive to tell them once and for all to either go for it or get lost I would love to see it.

 

Thanks

 

Goldlady

[rory32]

Have DLC bought the account or are they just dealing on behalf of Barclaycard.

[Goldlady]

Hillesden refer to 'our client' Barclaycard so presume it still belongs to them.

[Curlyben]

Well as Hilsden's are yet to comply fully with your CCA it's in default and as such DLC cannot take any action.

Throw this at them:

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any 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 hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

*- Delete as needed

Enjoy

[Goldlady]

Thanks CB - I have no doubt they will ignore it in the same way that I ignore their threatograms - but then you never know. Watch this space! BTW I am sure Hillesden and DLC are same company but for reasons best known to them they seem to interchange depending on the level of intelligence required for the response:p

[Goldlady]

ACCOUNT IN DISPUTE

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why DLC continue to pursue this alleged debt, as it is in dispute with Barclaycard and has been since 28 June 2007. 12 plus 30 days after my cca request

 

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

A letter from Hillesden Securities dated xx June 2007 intimated that my complaint would be resolved on within 21 days; this obviously hasn’t happened.

 

As Barclaycard are now in default of my Consumer Credit Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to Barclaycard for resolution of these defaults and breaches, as DLC cannot lawfully pursue any enforcement activities.

 

If DLC chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any 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 hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter.

 

Additionally, in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing, I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. my robot will record your robot lol

 

I look forward to hearing from you in writing.

[Curlyben]

Two lots of Admin of Justice I'd dump the second one and leave it with Comms Act.

Otherwise good, don't include the red bits though

[Goldlady]

Oh yes, that's the trouble when you cut and paste!! Thanks CB.

[Goldlady]

Reply from Hillesden in response to my letter to DLC!!

 

'We can confirm that we have complied (with) your request under the Consumer Credit Act 1974 and have supplied you with a copy of your original agreement (application form) and a statement of account, as requested.

 

Please confirm your reasons as to why the account is still in dispute.

 

And the D L C robot has stopped ringing us.

 

So what do I tell them now?

[ThisVeryMoment]

We notice that you haven't actually said you do not owe this sum. You are clearly a debt avoider and will get no sympathy here.

 

They will leave you alone when you finally get round to paying the debt off IN FULL.

[renegotiation]

Tell them as your thread title reads and to bog off! :D No need to say it quite as civilly as that though of course. Have you actually had the misfortune of speaking to them on the phone as of yet? They try to be incredibly devious and manipulating lol. First time I phoned them about an 'upcoming' court case I was greeted with 'Hello, I am Joe Bloggs of the post-judgement department.' After they figure out you didn't float down on a recent snowflake they try to bully you. Good luck. Have a nice Xmas Goldlady.

[Goldlady]

Thanks renegotiation - and have a lovely Xmas yourself.

 

OH has spoken to them a few times but his telephone answering manner is enough to put off the most hardened DCA employee. I'll never forget the way he spoke to MBNA on our neighbour's phone - they didn't try that trick again.

[ThisVeryMoment]

No, they made him bankrupt instead!!!

[Goldlady]

Have not thought of a suitable reply to their letter asking why the account is still in dispute. Maybe I need to hit the voddie like DMD to come up with some words of wisdom.

 

The DLC robot rang again today. Do they really think that people will ring back when a Dalek has left them a message? Mind you my eight year old son probably would:D

[Curlyben]

OK throw this at them.

 

Formal Complaint

Letter before Action

 

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. A copy of which is enclosed for your purusal and ease of reference.

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, Protection from harrassment Act 1997 section 3 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

[Goldlady]

CB you are a star - I typed that letter without the keyboard tapping once;)

 

Will get this off to them and see what happens next.

[ScarletPimpernel]

Have not thought of a suitable reply to their letter asking why the account is still in dispute.

 

Dear Curs

 

Thank you for your letter dated xxx. You ask me to confirm why this account is still disputed.

 

I have already made my position clear; if you can let me know which part of my previous correspondence you do not understand I will try to assist you.

 

Otherwise, it seems to me that the consumer credit legislation and OFT guidance is quite clear; any difficulty you have with them is a matter for you. However, if you would like me to advise you I will be happy to do so upon receipt of your cheque for my fee of (insert amount £1 more than they claim you owe).

[Goldlady]

Thanks SP - I think it is getting to that stage.

 

I was going to print out the Wikipedia definition of unenforceable and send them that.

[renegotiation]

Spend today rehearsing in your finest Shirley Bassey voice. When Monday morning comes then ring them and belt out a rendition of 'GOLDLADY! She's the girl, the girl with the Midas touch!!!' Then, threaten to turn them into gold if they don't sod off. Knowing how daft they are they might actually like the idea lol. 'We demand that you turn us into gold right now.' :-D

[Goldlady]

Newsflash

 

DLC's robot is moonlighting for AIC (Allied International Credit).

 

Either that or she has been headhunted and offered a higher salary:D

[renegotiation]

It's probably the D.C.A.'s version of an ideal woman! I never seemed to get the whole message on answerphone myself. Weird. They so daft as to not leave a few seconds gap for the answerphone intro?

[Ms-Pacman]

I don't mind speaking to their robot - its a lot less nastier then speaking to them. I have them chasing me too for a very old debt. They recently told me that they have all our conversations recorded (don't they have to tell you that?) and that thye have aconversation where I admit to owing the money??? I don't think so!

[citizenB]

Just catching up on my subs.. Goldlady, do you have any news on this ?

[Goldlady]

Ssssh. The robot is sleeping.

 

Have heard nothing for a couple of months now. Last time we got a call from a real person OH told them we would have them for harassment if they called again;)

 

I very much doubt that they have gone away for ever, but you never know....

[citizenB]

Oops, sorry... citizenb tiptoes out of the room :D