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

[Us versus Debt]

Hi Red, sorry for not replying to your message sent.

Usde photobucket which is free to join and download files. You can then paste the link it will give.

 

do a search for photobucket - its the first thing on the google search so you should not have problems!

 

Interestingly enough I spoke to the director of Hillesden by mistake!!!!!!

[Redmountie999]

Thank you Us versus Debt for your help. Please find the below link which will take you to the credit agreement I signed all those years ago. What came out of your conversation with the director of Hillesden Debt?

 

http://i288.photobucket.com/albums/ll178/Redmountie999/scan0002.jpg

[Goldlady]

Not wishing to be the bearer of bad news but if all the boxes were completed it looks as if it is OK. I do hope someone else tells me I am wrong:mad:

 

However all is not lost. You have been paying them and they really don't have the grounds to issue court proceedings - it would be an abuse of process. It sounds as if they are unsure what to do next - if they were going to issue court proceedings I would have thought they would have done so on the same day they sent the CCA (happened to me three times).

 

I think if you write (do not ring them) and confirm that you will continue to pay the agreed amount you should hopefully be OK. Unless i have missed something and the agreement is unenforceable.

[Pinky69]

This is an application form. They must send you a copy of the Terms and Conditions that pertained at the time and a copy of statements showing what has been paid. If they haven't sent these, they haven't fulfilled the requirements of the CCA 1974. Also, check the figures on an APR calculator, which you'll find on the web. Have they signed and dated it?

[Redmountie999]

In my original letter I asked them to provide me with copies of all statements pertaining to this account. I thought that what I was paying £1 for?? So do they have to provide a copy of the terms and conditions issued to me at the time of taking this product out? I.e. 1999??????

[Pinky69]

The £1 is to cover the cost of their administration in sending you the agreement - you are not paying for any part of it. They must send you statements showing what you have paid and the Terms and Conditions that pertained at the time of the "agreement" - they cannot just send you any old Terms and Conditions because these change over time and later ones wouldn't be relevant. If they haven't sent you statements (I doubt they have any) and Terms and Conditions, they haven't fulfilled the requirements of the Act. All you have on the application form they sent you is a pre-agreement declaration, which has nothing to do with Terms and Conditions. They have therefore not fulfilled all the requirements of the Act and cannot pursue you for payment until they do. They are not going to get a court order against you as they haven't sent you all the constituent parts of an agreement laid down by the CCA 1974.