DLC Threatening Court Action. Please help!!!!!!!

[Redmountie999]

Hi all,

 

Back in 1999 I defaulted on a £15,000 loan with Abbey National. I ended up in arrears with them due to taking up my dream job. They subsequently defaulted my account and registered a default against me. 7 years on and I have managed to pay off almost £8,000 of this debt. The default placed against my credit was finally removed late 2007. My credit was more or less restored to good/excellent and thigns were looking good.

 

I've recently had a letter through the post from a company called DLC. I see that many of you are aware of this company. DLC have given me 3 months to pay the debt off in full or they are going to take me to court for a charging order against my property. I paid used to pay Abbey the monthly agreed payments for years without any issues like this arising. I've been paying DLC the same amount as Abbey for the past 3 months and they still wish to take me to court. I'm concerned because if they do and are successful in getting a CCJ/Charging Order I will lose my career. I am not allowed to be served with any CCJ's and my regulations also say that it is a disciplianry offence to fail to discharge any lawful debt.

 

Please help as I might lose my career, house and family in one big hit.

 

Thanks.......... Red

[tiglet]

Send them a CCA request to see if they have a legal right to collect the debt would be my first port of call.

[tiglet]

ps Don't let yourself get stressed by their threat-o-grams.

[Redmountie999]

Wow, that was quick tig? Thanks. Can you direct me to the best template to use for this CCA request please.

[Goldlady]

I suspect they are just scaremongering. Either that or getting greedy because so many people have discovered that their debts that DLC have bought are unenforceable, and they are running out of money. They would be extremely foolish to take you to court when you are already paying them - I am sure more of the 'we hate DLC' club will help you here. There is no way they would get a charging order if you are already paying them.

 

If it was me I would write back to them and inform them that if they do take you to court and get a CCJ that the chances are the judge will reduce the payments - do you feel lucky punks? Do not let on that having a CCJ will be a problem to you, whatever you do.

 

DLC specialise in sending out threatograms - I have a file full of them. It might be worth finding out if they have the right to enforce the debt in the first place by sending them a CCA letter.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Letter N from the above.

 

Don't panic - help is at hand.

[Goldlady]

I was typing at the same time as tiglet by the way:D

[Redmountie999]

Thanks a million Gold. Unfortunately i've foolishly already disclosed that a CCJ would be a problem. If i'd come on here any sooner i would not have made that mistake. Aghhhhhhhhhhhh!!!!!!!

[Pinky69]

They are all gob and trousers! They threatened me with court. After I CCA'd them then pointed out why their CCA was unenforceable, they collapsed completely - I never heard from them again. So get that CCA off and don't worry about their threats - wait to see what they come up with then there can be further discussion about what to do next.

[Us versus Debt]

I have daily dealings with this company and they are very good at threatenning but not very good at complying with requests. I am waiting for detaiils from a SAR before I decide to take them to court.

 

They are also very good at sending out the wrong letter and then trying to recover it so keep hold of everything they send you as in my experience and reading ither threads this is not uncommon for them.

 

The advise on this site is usually excellent as it seems everyone on here has at some point or still is going through similar situations.

[Redmountie999]

I've sent the CCA letter as suggested by Gold. They have phoned me to say that they will accpet my payments for the next 3 months by which time they want the account paid in full and closed. I sent the CCA letter via recorded delivery and in it i've told them to also desist in phoning me and that I will only deal with them in writing.

 

The chap on the phone disclosed that they haven't actually got a copy of my credit agreement and that they would have to apply to Abbey for it and this usually takes months!!!!!!!!!!!!!

[Goldlady]

Hi again redmountie. I would suspect that Abbey will have a hard time finding anything, which will put you in a stronger position with DLC!! I would keep making the payments and wait to see what happens next. If they can't find the agreement then you could stop paying altogether (which happens a lot when these DCAs get greedy) but in your situation, not wanting to rock the boat with your credit history, it might mean you just keep paying the agreed amount or DLC might offer you a reasonable settlement figure.

 

Best of luck

[Us versus Debt]

hi redmountie thanks for the message

 

now you need to watch the clock go by as they try to get you the copy of the agreement. did you send it today? I believe the time deadline is 12 + 30.

It may be a good idea to stick too what you are paying at the moment as it may strengthen your position later as you are showing you are being reasonable in attempting to pay - then decide on the next step once they provide you with the contract - if it is a contract.

 

You've done the right thing and although I am doing this as well there is loads of great advice form the people on this site - possibly best to listen to those who are admin / higher account types or have details in their sigs of achievements as these are usually the ones who have been there and done it. Saying that that contradicts me giving you advice but mine is of moral support.

 

If you ever feel **** about it and it happens (been there) feel free to send me a pm and get if of your chest. I may not have the answers but I am happy to give you a bit of moral support.

[Us versus Debt]

lol, got a few stars - whoops - sorry CAG

[Curlyben]

You have made a formal and legal request for the original agreement, without which DLC has NO right to demand payment.

Until they comply you have nothing to say to them.

If they call again state quite clearly that you will not discuss this over the phone and require everything to be in writing. Also until the agreement arrives you are within your legal rights to refuse payment to them.

 

Remember;

No CCA = Ne Enforceable Debt.

 

They can maon as much as they want, but that is THE LAW !!

[Redmountie999]

I have received a letter from DLC in response to my Consumer Credit Act 1974 (CCA) request. The Director & Data Controller of the company has written to advise me he is in receipt of my £1 CCA request. He also states in his letter that they are awaiting a copy of my original agreement and will forward this when it becomes available. He also says that if they are unable to forward a copy the original agreement they will be able to supply a true copy of the agreement which will mean that they will comply with section 77 - 79 of the CCA.

 

He promised to update me with in 21 days of his original letter. He subsequently sent me another later saying that they still did not have the orininal agreement. They have placed the account on hold pending the receipt of the requested documents.

 

How long do they have to produce the document and what can i do if they don't.

[Iceman54]

As it is late please consider this as moral support

 

My understanding of the CCA is as follows:

 

upon receipt of a CCA request the DRC have 12 working days to comply (I have seen elsewhere on here that the OFT exclude date of receipt) then apparently you must allow 2 days for post to reach you

therefore

 

date of receipt +1+12+2

 

nothing they say or do can absolve them from this obligation or alter the time limits

 

Once they default on this the account becomes in dispute and they can do nothing until they supply a legal executed agreement

 

Then after a further 30 calendar days if they still fail to supply the agreement they commit a summary criminal offence

 

after this even if they come up with the correct enforceable documentation they cannot enforce it unless allowed to by a court

 

( and judges do not look favourably on firms who have committed a criminal offence................... as a criminal offence cannot be "undone")

 

 

I hope this helps

[ashmk]

I think as long as you have been making an effort to clear this which you can prove and its DLC who are screwing about then a judge will side with you.

Plus the fact your career would be at risk, (i think I can guess which career it is and I wanted to do that but my old CCJ stopped me. its gone now, mabey i should try again ?? )

 

So I agree with everyone here that DLC are just trying to scare you into paying. Keep us updated so we can keep helping.

[Goldlady]

I think the chances are you will not hear from them again. Happened to me with an old Cap One debt - I have a letter saying they have asked the OC for the agreement - that was a year ago and I have heard nothing further.

[Pinky69]

This is their standard reply when they cannot find an agreement. DLC finally sent me an application form cut out of a newspaper!!! When I pointed out the error of their ways, like Goldlady I never heard from them again.

[morteee]

I have received a letter from DLC in response to my Consumer Credit Act 1974 (CCA) request. The Director & Data Controller of the company has written to advise me he is in receipt of my £1 CCA request. He also states in his letter that they are awaiting a copy of my original agreement and will forward this when it becomes available. He also says that if they are unable to forward a copy the original agreement they will be able to supply a true copy of the agreement which will mean that they will comply with section 77 - 79 of the CCA.

 

He promised to update me with in 21 days of his original letter. He subsequently sent me another later saying that they still did not have the orininal agreement. They have placed the account on hold pending the receipt of the requested documents.

 

How long do they have to produce the document and what can i do if they don't.

 

 

 

ahhh my friends DLC

 

if I had a quid for every threat of court action, baliffs and other nasties they had made my 'alleged debt' would have been paid off YEARS ago!

 

nearly 12 MONTHS ago I sent my CCS letter to them, they defaulted and I get a nice letter every month informing me they are still awaiting my agreement from the OC, shame I happen to know that wont be forthcoming as the OC has admitted to me they dont have a copy!

 

I now have 11 of these letters and I havent sent them a penny for nearly a year

 

they are a bunch of muppets, they make threats they have no legal grounds to make and in short are, yes you have guessed it, your sterotypical DCA!

 

Keep every letter they send you and now they have put your account on hold dont send them anymore money (especially if they have defaulted on the timescales set down in law)

 

enjoy the sound of silence from your phone and relax

 

in my personal experience on the older agreements they can never find a copy and have to let the ddebt go - my credit record clears of them in October and then I can start to rebuild the excellent financial reputation I enjoyed until my darling ex-husband landed me in the poo doo and went bankrupt lol

 

if they DO find the agreement post it on here as with such an old one it is usually the case they are un-enforcible anyway and there are some excellent people here who can pick holes in the best of them

[Redmountie999]

I received a letter in this morning's post from my friends DLC (aka Hillesden Securities).

 

They have now obtained a copy of my original CCA agreement going back 9 years ago.

 

There letter states that they will now be resuming collection activity on my account.

 

Any advise on how to play my next step folks?????

 

The CCA has arrived well over the statutory limits which some of you have mentioned in your earlier posts. I'm assuming that they have committed a criminal offence, but what can be done about this.

 

My main overall concern is the issue of DLC looking to take court action via a CCJ/Charging Order.

 

In an attempt to avoid any problems like this I continued to pay them for the 2 months I was awaiting the CCA agreement.

[morteee]

ok here is your next step

 

scan it, take ALL personally indentifiable informations such as account numbers, reference numbers, name etc off it then post a copy on here so the experts (am not one of them as I have never recieved my copy) can see that it is an enforcable agreement

 

we can then all help you take it from there

 

most of all dont panic!

Edited May 17, 2008 by morteee

[tiglet]

I agree with mortee - before you start panicking, let's see if it's actually enforceable.

 

they cannot get a charging order unless they first have a CCJ and you have defaulted on the terms of that. the court would also not look kindly on the fact that they have not accepted your reasonable terms of payment.

 

You can report them to TS for the breach of the Consumer Credit act 1974, but let's see whether it is actually an enforceable agreement first, shall we?

[Goldlady]

Hi again - we definitely need to see this alleged agreement.

 

However, if you have been paying them I can't see the courts being very amused if they issue proceedings - it is an abuse of process and I am sure they know that. Even if the agreement turns out to be valid I think they would be very foolish to go to court, and as Tiglet says they would only get a charging order if you defaulted on payments agreed with the court - and that is only if it gets to CCJ stage.

[Redmountie999]

i've scanned the Credit Agreement but i'm not sure how to upload it on to here for you all to see? Some assistance would be great.