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DLC/Hillesden Citi Card please help


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Hello,

 

Can you help/advise.

 

I am being pursued by the above for a debt of £4280 with Citi Card.

 

I had an arrangment to pay them £100 per month from October 2007 I struggled and did not make this payment.

I paid £200 in November and £100 in December.

Prior to that I have been very bad at paying in trying to pay other debts.

I have a total debt of £39,000.

 

I recevied a letter from Aplins solicitors on 8th Jan 2008 demanding full payment or legal action.

I am worried about this as in November I called Hillesden to make the £200 payment and the person on the phone would not take my payment (I sent them a cheque in the end which they cashed) as would only accept payment in full or they would get a ccj then apply for a charge on my property.

 

The card that this debt is for I did not apply for they offered it to me as a guaranteed acceptance at a time when I already had a card with Natwest with £3500 on it, two cards with Egg with £5000 and £7700 on them and

one more with Morgan Stanley with £4400 owing.

 

I know I should not have signed the ready made agreement and took the card but I was living on credit using Peter to pay Paul.

Will they get the charging order on my home I am frantic as my husband knows nothing of this and the mortgage is a joint one.

 

Any advice please I need help.:shock:

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hi ellis01 and welcome to cag

i have asked for your thread to moved to the general debt forum where you will get all the help and advise in there good luck

tilly

 

 

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.please remember that any advice i give is purely my own experience or opinion thankyou

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Thread moved to General Debt Forum :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Rite first of all How much do they say you owe?

 

How much of that is made up of charges.

 

It is important we no this so we can advise you what to do next.

 

If the debt is under £25,000 then you would need to CCA them and any other debt that is under this amount. But if it is over then you need to SAR them.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I think if it is not £4,280.00 you need to send SAR.

 

A CCA is a Consumer Credit Agreement.

 

It is a document that says you legally have to pay us this debt.

 

If l am rite about the amount then you would need to send a SAR request but l dont have a copy of it.

 

A SAR request is where you get all the information about you account

with the company.

 

I will ask someone who has a SAR request to pop in.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hello,

 

Can you help/advise.

I am being pursued by the above for a debt of £4280 with Citi Card.

I had an arrangment to pay them £100 per month from October 2007 I struggled and did not make this payment.

I paid £200 in November and £100 in December.

 

Prior to that I have been very bad at paying in trying to pay other debts. I have a total debt of £39,000.

I recevied a letter from Aplins solicitors on 8th Jan 2008 demanding full payment or legal action.

I am worried about this as in November I called Hillesden to make the £200 payment and the person on the phone would not take my payment (I sent them a cheque in the end which they cashed) as would only accept payment in full or they would get a ccj then apply for a charge on my property.

 

The card that this debt is for I did not apply for they offered it to me as a guaranteed acceptance at a time when I already had a card with NatWest with £3500 on it, two cards with Egg with £5000 and £7700 on them and one more with Morgan Stanley with £4400 owing.

 

I know I should not have signed the ready made agreement and took the card but I was living on credit using Peter to pay Paul.

Will they get the charging order on my home I am frantic as my husband knows nothing of this and the mortgage is a joint one.

 

Any advice please I need help.:shock:

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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 important 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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Don't panic - there are a number of steps they need to take before they can get a charging order, they can't just take one of the shelf.

DLC like to send out these letters right at the start to frighten people - I had 2 telling me that they were going to get one on my house, then they sent me a 3rd one saying if I didn't pay up they were going to contact the Land Registry to see if I owned a house and get a charging order if I did! They all come out of the threatomatic machine.

If you reread the Aplins letter I bet you it says legal proceedings "may" be commenced, which is very different from "will" be commenced - again, intended to frighten you.

Only contact them in writing and start with the CCA as advised. When you know what the position is with that, you can get some more advice on here on what to do next.

I would hesitate to advise you on your personal situation but it can be a hard secret to keep and you may need to give some thought about how it would be best for your husband to find out about it if he was to.

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These companies tend to send out a lot of "one size fits all" letters, don't worry about threats to send in bailiffs, charging orders, or bankruptcies, although they would like it not to be the case, they do not decide who do these things, the courts do. none of these actions can be taken without taking you to court. at which point you will be given a chance to defend yourself. and believe it or not, they do not wish to take you to court, it costs them money.

 

treat them as you would anyone else making a drunken threat "I'm gonna ...... etc etc they may have a bit of clout to follow it up, but we'll deal with that if and when it comes to it. in the meantime, you're talking $hite mate!!!!

Hope this helps

 

 

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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 ellis01

Now this is the painfull bit.

I really think that you need to tell your husband about this, I really do. You are going to need his support in all of this as it may take some time to come to a conclusion. It would be better to tell him yourself, rather than him ask "what are all these letters and phone calls about" and letters and phone calls will more than likely come.

Im not trying to worry you, just telling you what could happen.

Tip us a wink on my scales if you think I may have helped at all;)

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You can use the S.A.R - (Subject Access Request) letter from here and edit for your own use.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

You will need to send it too whoever the original creditor is, not the solicitors. Dont forget the cheque for the £10 fee.

Tip us a wink on my scales if you think I may have helped at all;)

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Hi All thanks for your replies. Aplins letter says they have been instructed by Hillesden Securities to instigate legal action if I do not pay the amount requested in full in 7 days. Will the court take into condsideration the fact that I have caught up and put the arrangement back on track and that I did not apply for the card in the first place it was on a just sign here and it's yours, could this be seen as irresponsible lending practices? Is it not to late to say I do not acknowledge any debt with them as I have already made payments to them of £300? I have printed off and am sending the CCA tomorrow by registered letter shoud I still add this sentence.

 

Thanks everyone

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I wouldn't worry about court action just yet, but if it does get that far, the judge will take into account your payments and ability to pay.

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 All,

 

Just been reading other threads about Hillesden, seems they are notoriuos and quite sucessful in obtaining charging orders againts debitor's. Is there anything I can do to avoid the threatend charging order as this would end my marrige for me:(. All you here of in the news is how much personal debt this country has, surely the companies dishing out all this easy credit should be held partly responsible, and the DCA's should not be allowed to secure this type of debt against property unless this is the only hope of them retriving any repayments. They must be rubbing their hands together as more and more people begin to struggle to meet payments.

 

Is there anyone out there that managed to avoid a charging order.

 

 

thanks

 

 

El.

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Hi Ellis01 :)

Send the CCA and see what their reply is.

I'm just on the verge of a huge complaint about Hillesden and Citi Cards (the original creditor). Hilesden were threatening me with a charging order last year and requesting a CCA stopped them in their tracks. We all have different experiences of them. Requesting a CCA starts to help you feel more in control of the situation.

Don't talk to them on the phone ever. But I think you ought to try to talk to your hubby though. :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Just wanted to say that I am not behind with payments or on reduced payments to my other creditors. DLC is the only one I have this problem with. I am paying them £100 per month on a debt of £4280 is this not reasonable. I sent the CCA two days ago and sent a copy of the request to Aplins. Do you think there is any chance they may still accept my £100 monthly payment in order to avoid court action. Will I have to continue paying interest if they go for a CCJ? If they go for and get a charging order will I have to pay debt in full?

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If they can't find an enforceable Consumer Credit Agreement you won't have to pay them another penny. Unless of course you really want to:p

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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So now you wait, until they try to threaten you, send out the standard threatogram, or until they contact you.

 

You have asked them to prove that they have a legal right to collect on this debt.

 

They have an obligation to fulfil this request, until they do, they aren't supposed to make any kind of threats or requests

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 Spamheed,

 

 

Do I still keep sending the £100 in the mean time. I am still getting monthly statements from Citi Card, If they have sold the debt on why do they send me statements? Should I be sending the £100 to Citi card? I thought DLC was part of Citi Card hence the statements, all very confusing (it does'nt take a lot LOL).

 

Thanks for your help.

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The common opinion on this forum is to continue paying until they are in default ie after 12 working days.

 

My opinion, if there is a reasonable chance that they are going to provide you with something is to play safe by waiting until after the 30 day deadline has passed.

 

I am sure there are those who don't agree and as I said, this is merely my opinion, the thinking being, if it takes them say 20 days to provide the form, then at least you haven't burnt any bridges and acted hastily and it appears that you have merely made a legal request.

 

If however you wait until the full 30 days have expired, you have given them every opportunity and have acted reasonably by allowing them almost 2 months to comply before withdrawing payments, if they are of the belief that you will continue to pay, it would also make them believe that they can take their sweet time over the whole business. I believe the phrase is "lull them into a false sense of security"

 

At the end of the day, it is very much your own decision, and you can legally withold payment when they are in default, ie after the 12 working day deadline has passed, or any time after that deadline

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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