DLC- hope this is the right forum

[Salfordian]

OK- took me ages to find the right forum but I think I have it now:D

 

 

Hi all-again.

 

 

I hate to come on here and ask a question first without contributing to discussion but I promise I'll give others my experience with the likes of CARS and Demon in due course. Both of which I managed to get rid off because I was in the right.

 

 

Anyway moving on to DLC-

 

Ran up bill on MBNA credit card- £3700. Hit hard times and could not afford to repay it. Moved to Ireland for a year and when I returned DLC it seems were now dealing with the debt and contacted me about the outstanding balance. I started making repayments of £30 per month- regularly getting phone calls threatening to take me to court unless I paid in full. In August in order to clear the debt within 5 years I agreed over the phone to pay £60 per month.

 

 

Now 8 months on I get a phonecall telling me they want to "review" the account and asking if I have a payment card to hand. I asked that I be informed both there and then and by written correspondence of the amount outstanding and how much I had paid off the original debt. The response was- What do you need to know that for? I said I was not going to review the account unless I had those figures and I was told- well we'll just take you to court and sue you then.

 

Since then I've had a letter from their solicitors telling me unless I reach an agreement within 7 days, legal proceedings would begin. I thought I already had an agreement- they were going to get their money. But even if I now bent over backwards for them to make this new agreement I know that in a couple of months I'll be harassed again. Even since then one of them has contacted me about setting up a payment plan again. I think they know they can't bring me to court.

 

So I'm happy for this to go to court now and will seek recordings of all phone-calls as proof of harassment.

 

But I was wondering- since this little upstart on the phone effectively ended my payment plan/agreement with DLC and the letter from the solicitors seemed to indicate I no longer had an agreement in place with DLC could I still send a CCA request to them? You know- telling them I no longer acknowledge any debt to their company and that I wanted proof of deed of assignment if they owned the debt as they have never told me whether they were acting on behalf of MBNA or if they owned the debt. I have only recently found this forum and would appreciate any advice.

 

Also wondering if DLC/Hillesden are entitled to see my wage slips even if they own the debt.

 

Thanks in advance.

[Salfordian]

Got a response from a nice person even though i posted it in the wrong forum saying I could send the CCA request anytime- so would it not look strange that I had been paying them and now I was telling them I no longer acknowledge any debt to their company?

 

Also if they fail to respond to the CCA request can I then claim back the £600 I've already paid them. If so that would be great. Would donate whatever I could afford afterwards to this place.

[sequenci]

Got a response from a nice person even though i posted it in the wrong forum saying I could send the CCA request anytime- so would it not look strange that I had been paying them and now I was telling them I no longer acknowledge any debt to their company?

 

Also if they fail to respond to the CCA request can I then claim back the £600 I've already paid them. If so that would be great. Would donate whatever I could afford afterwards to this place.

 

Hello there. Indeed you can send the CCA at any time, I would get it off straight away. The reclaimation of the £600 is a tricky one, I would imagine it would be very difficult to reclaim it, especially if they can proof they have the right to chase you for the debt. The unenforceability argument means that a debt cannot be recovered via the legal system it wouldn't mean that the debt is totally extinguished. I hope that helps!

 

Best wishes,

 

Seq

[Salfordian]

Thank you very much for your advice. Re- the £600 It was worth a shot. The debt is my own fault and I've never been delusional enough to deny that lol but I think I've been more than reasonable with them and now I just want to do whatever I can to make things difficult for them. Just so annoyed with them considering I did my best to try to pay this off. If it does go to court- and at this stage I actually want it to, then I think the judge will look very unfavourably on them. I am aware they have somewhat of a dubious reputation.

 

How I would love a judge to hear the recording of the phone conversations.

 

Will make a donation to this place anyway. Great site. Thanks for all your help and will let you know how I get on for the benefit of others.

[dpick]

Hi I was in same position as you with MBNA they started to call me twise a day six days a week if they had been reasonable I would never had started trying to sort my debts out. I sent a cca request to them and received a totally unenforceable agreement from them even then they would not be reasonable and settle for a full and final settlement. I ended up taking them to court, they had to settle out of court and that cost them more than £6000 in lost revenue IE the balance on my account plus compensation they gave me to go away.

 

The main thing with CCA request is it tells you if the original creditor and so the DCA etc are legally entitled to collect on the debt.

 

all the best dpick:)

[sequenci]

Well familiarise yourself with the various other DLC threads and keep us updated with your quest!

 

best wishes,

 

seq

[mojo130]

Don't forget the Courts have ruled that a debt that has not been set up properly under the CCA 1974 can be classed as a gift to the debtor. So if the bank screwed up by not getting a valid CCA signed by all parties as far as the courts are concerned it is a their hard luck. Maybe this will make the banks take their responsibilities seriously and not take a gung ho approach to lending.

[Salfordian]

Thanks again for all your advice. I will let you know how I get on.

[Salfordian]

OK had a response for my CCA request on the final day before the debt became unenforceable....

 

 

"1- I acknowledge receipt of your payment of £1 in connection with your data request under the CCA 1974

 

2-We are awaiting a copy of your original agreement from our client MBNA Europe Bank. When these become available we will forward them to you.

 

3-If we are unable to forward a copy of the original agreement- we will be able to supply a true copy of the document which will comply with section 77-79 of the CCA 1974.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand."

 

So- is there anything I can do? Is this pi** poor excuse enough to keep the debt enforceable? Point 3 concerns me also.

[Salfordian]

EDIT- accidental repeat post-

 

 

X

[dpick]

OK had a response for my CCA request on the final day before the debt became unenforceable....

 

 

"1- I acknowledge receipt of your payment of £1 in connection with your data request under the CCA 1974

 

2-We are awaiting a copy of your original agreement from our client MBNA Europe Bank. When these become available we will forward them to you.

 

3-If we are unable to forward a copy of the original agreement- we will be able to supply a true copy of the document which will comply with section 77-79 of the CCA 1974.

 

This may comply with the CCA 1974 etc but they would have to produce the real thing in court to enforce the debt, this is now normal claptrap that creditors are producing when they do not have the document or the document they have is not enforceable.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand."

 

They can update you as and when they like BUT after 12+2 working days they are in default (and cannot enforce the debt) and after a further calendar month have comitted an offence( have yet to see anyone done for this offence)

 

So- is there anything I can do? Is this pi** poor excuse enough to keep the debt enforceable? Point 3 concerns me also.

 

They may be able to use the copies of documents etc to supply a so called true copy of the agreement etc but this would have to contain all the relevant details of the original agreement and they would have to produce a copy of the original signed agreement in a court.

 

all the best dpick:)

[Salfordian]

Thanks for the info.

 

So even though they have said the docs are in order- since i don't have them, the debt is no longer enforceable after 1 more day (making it 12+2 days since I requested the CCA)? Or is it 12+2 days from yesterday when I received this letter?

 

 

I also asked them to clarify in the letter whether they owned the debt or not. They've not answered that question either.

[morteee]

I now have 12 copies of this letter, one month they actually sent me 2 copies

 

sit back and chill, they havent got a copy and in my experience MNBA are pants at finding old ones!

 

if by some miracle they do find it and send you a copy then take off all personally identifiable information and slap it up on here for the experts to pick to pieces

[Salfordian]

lol thanks mate!!

[slideshowbob]

Hi, you have already acknowledged the debt by offering payments. This of course doesn't legally prove that you owe the outstanding balance, indeed it will most likely ask questions such as why do you suddenly want the COA now?

 

With regards to court action, if DLC bought the debt, they DONT have to accept a payment arrangement but it may be in both parties interests.

 

For example if you financial situation is not the best and have a low disposable income and you are honestkly paying all you can afford then the courts are very unlikely to order you to pay more.

 

However if you have a mortgage and enough equity in your property then they could apply for a CCJ and follow that up with a Charging Order to secure the debt.

 

In relation to wage slips, you dont have to provide your wage slips to DLC but if you refuse it may seem like you are hiding something to them, possibly bonuses if working etc... You would most likely have to prove all income and expenditure in court as far as i am aware.

[morteee]

I beg to differ, I had been paying them for 5 YEARS when I asked for my credit agreement and it hasnt made a dot of difference

 

and without the credit agreement they CANT bring court action

 

you have a legal right to request the information at anytime

[dpick]

I beg to differ, I had been paying them for 5 YEARS when I asked for my credit agreement and it hasnt made a dot of difference

 

and without the credit agreement they CANT bring court action

 

you have a legal right to request the information at anytime

 

Totally agree I had a credit card and when I got into problems following an accident I was treated like rubbish by the creditor it was only when I found CAG and read some of the threads that I sent firstly an sar request to reclaim charges. Within the data sent I found my credit agreement this I showed to my sis in law (she is company lawyer) advised that agreement was unenforceable even by the court due to no prescribed terms. She advised me to check with CAB as she is now out of date with consumer law. CAB advised same unenforceable but to send CCA request for all documents applicable to signing of original agreement. This I did and got same document again. The CCA request can give you the information as to whether a credit agreement is legally enforceable, it is then up to the debter whether they then pay the debt or not. I gave my credit card provider option for a full and final settlement of 25% as I had already paid them more than I had actually purchased on the card. They did not want to know in fact the only ever acknowledged my letters but never actually answered them. I had to take them to court they went as far as starting to defend my claim to have the agreement declared unenforceable before settleing out of court and writting off over £5300 and clearing all data from CRA files.

 

dpick:)

[Salfordian]

Thanks to all for their input so far. Will keep you updated and perhaps my experience will help someone else too hopefully!!

[Salfordian]

The 12+2 days are up since their last correspondence!!! mwhahahahaha. I'm taking it as a minor victory so far but I know they could still- in theory-produce the original agreement, though it must have been almost 6 /7 years since the agreement was actually created with MBNA, and MBNA are not renowned for digging such stuff out.

 

So now I send DLC that letter advising them they are in default of my CCA request and cannot request payment or threaten legal action correct? Should I also demand the original copy not the true copy as they suggested because only the original copy will stand up in court?

 

Thanks for all the advice on this so far.

[PGH7447]

Personally I would wait until the 30 days have passed, they know the rules why remind them

[Salfordian]

oh really? Fair enough. It's just that they sent me a letter on friday informing me that they did not receive the most recent payment and I had to contact them or further action would be taken. Since they are now in default of my request I though I could throw that back at them. But I guess I'll wait for them to phone.

 

Thanks.

[morteee]

dont speak to them on the phone - if they send you another request for payment then smack them with a letter - keep a paper trail!

[Salfordian]

Will do. Thanks you.

[Salfordian]

interestingly- have just looked at my bank account and they cashed my cheque last week. But still no CCA from them....hmmm