DLC - they've not taken a payment this month

[twinkle1977]

Hi all

When i got made redundant back in 2002, I defaulted on a few companies. I decided to pay it back (as I did take the debt out) but obviously at a reduced rate. I agreed payments with 5 different companies but DLC have been the most problematic.

In 2003, i was paying £20 a month. Today it is £50 a month and the debt has come down from £15k to £10k.

Last month, they took 2 x payments from my debit card so I called them and they (eventually) put £50 back on my card (they took £100 instead of £50).

When I was in holland end of last week, I had many phone calls from them, being quite abusive, saying that I had to pay the total amount and that my offer of payment was unacceptable and they will start adding interest to the account. When I stated that I was making an offer of payment of £50 a month, they mentioned court proceedings.

I informed them that they should write to me so that I could have everything documented. The angry idiot on the phone basically said "that we record all our conversations so why would he want to write me a letter".... to which I ended the conversation saying "that its all very well for them to have a recording, but I don't have a record of it so to put it in a letter" and then hung up.

This was thursday, its now Tuesday and their normal date for taking money is on the 6th of each month.

So - i'm concerned that as they have chosen not to take a payment, it will show up as a non payment. As the account this refers to defaulted 5 years ago, I'm concerned that they will slap another default on my credit file.

Can anyone comment on what I should do about

1) making my £50 payment to DLC

2) the worry about the possible default on the account

 

Sorry its been so long winded, but I would truly appreciate anyones knowledge here!

 

Thanks

[BrandiBroke]

Hi and welcome to CAG You've come to the right place for help so please stop worrying, there's lots of helpful folk here. First of all, what was the original debt for? Bank account or loan for example. Looks like you already know rule #1 Never talk to them on the phone, well done on not letting them bully you.

 

Dependant on what the original debt was for it's likely you'll be able to CCA them. This simply determines the legal right of the DCA to collect the debt and will put the account in dispute. Go here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html and scroll down to letter N, amend it to suit, DON'T sign it and send it with a £1 postal order to DLC. Edited to add: send it recorded delivery, preferably special delivery and print off proof of delivery from the Royal Mail website.

 

Whilst you're at it pop a copy of the telephone harrassment letter in the envelope too, that should stop any further calls, find that here http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html

 

Hope that helps

Edited May 12, 2008 by BrandiBroke
Forgetfulness :)

[Geneve]

DLC have succeeded in placing a charging order on my home, it is MY debt not my wifes debt but now she has the debt should I die, DLC will force her into selling the house for a debt they paid a pittance for ( citi Credit card) is there anything I can do to get rid of the charging order, I cant afford to pay the balance and I am paying by installments.........please help !!!!!!!!!

[SHELBELLE]

Hi Geneve

 

Did they go to court to get the charging order?

 

I am no expert but surely you would have had to attend court to defend yourself??

 

Is the house in joint names?

 

As I say no expert, but I do find it ludicrous that a judge would allow them to do this.

 

I am sure someone with more knowledge come along to help you very soon, just hold on in there.

 

 

Shelbelle

[Geneve]

Hi - Yes I did go to court, I was advised by the CAB that there was little or no defence and it was up to the judge on the day, the debt arose from a credit card taken out in 2005, now we are lumbered and it was my card, problem is we are joint owners on the mortgage, I absolutly loathe DLC be warned people....worse still my wife attended and the Judge wouldnt let her speak as the judgement was for me, she wasnt named on the court order, even though it deeply affected her ( and still does)

[twinkle1977]

Hi Brandibroke, thanks for responding.

 

The original debt was for an Egg loan....

 

Should I CCA them? I've got a fair bit of paperwork running back over the years, but mostly they are letters threatening court / from their own solicitors etc.... nothing showing the credit agreement (I will send the letter tonight).

 

What would you recommend though, with regards to making a payment? I don't want to miss a payment this month...

 

I'll send the telephone harrassment letter too - 4 phone calls yesterday, 3 so far today....the list goes on!

[BrandiBroke]

Hi Twinkle As it was for a loan then yes, CCA them asap, don't waste time with this. Make sure you post it by recorded or special delivery and keep all receipts. After a couple of days you'll be able to go to the royal mail website and track it, print off ALL proof of delivery, including the signature. Don't forget to keep copies of letters sent for your own records. Some folks find it helps to write "PAYMENT ENCLOSED" on the outside of the envelope to ensure the DCA gives it the attention it deserves

 

Once you have the date it was delivered you may count on twelve WORKING days from then. This is the time they have to legally comply with your request before you are legally entitled to stop payments if they don't come up with a valid CCA. Let's see what they come up with first though, if they do send anything it'd be wise to scan and post it here for the more knowledgeable folks to determine whether it's valid or not.

 

In the meantime you should continue to try making the same payments as previously agreed with them. It's up to them if they choose to accept them or not but I'm fairly certain they will. Past experience of DCA's have taught me that they all try this on but they back off if you ignore their efforts and continue to pay as normal. Remember ONLY continue to pay for those twelve working days and only after those twelve days if they DO come up with your original CCA.

 

I think I'm as clear as mud, do post back if you're not sure of anything

[twinkle1977]

Hi

I sent the CCA and telephone harrassment letter and it was delivered and signed for on the 15th May. I have printed out copies of the letters, taken photocopy of the cheque for £1.00 and printed out the proof of delivery. The phone calls were still coming last night, but as my mobile is on silent, they didn't bother me. do I count 10 working days from the 15th, or from the 16th (i.e is the 15th day 1....)

I'll keep you posted on any responses on this thread!

I must admit, i'm finding the site a bit difficult to navigate. Is there an easy way of finding my old postings?

Thanks all for your help.

[twinkle1977]

I mean 12 working days, not 10 - sorry!

[Michael Browne]

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[twinkle1977]

Hi all

Got a letter response from Hillesden Securities yesterday in relation to my CCA and telephone harrasments letter sent on the 13th... it states:

 

Thank you for you letter dated 13 May 2008 regarding the above account. I would confirm and advise the following:-

 

1. I acknowledge receipt of your payment of £1 in connection with your data request under the consumer credit act 1974.

2. We are still awaiting a copy of your original agreement from our client Egg Banking Plc. When this becomes available it will be forwarded 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 consumer credit act 1974.

4. we have removed your contact telephone number from our records and will continue to pursue you through written communication only.

5. Please note that if you do not keep a regular dialogue with us regarding this account and update us accordingly, our guidance from the information commissioner states that we are entitled to reinstate your contact telephone number to continue activity on the account when required.

 

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.

 

yours sincerely... blah blah

 

 

The letter I sent were signed for at 8:00 am on the 15th may. I have printed copies off the royal mail site.

If they do not send through an original agreement within 12 days (do I count saturday as a working day for them - they always call on a saturday?)... what does it mean?

I understand they have a further 30 days to get this to me, but what do the two sets of dates mean? i.e. 12 days means.... and 12 + 30 days mean?

Also, should they not send me a true original and send me a true copy, what I should I get back to them with?

 

Thanks everyone for your help

[Pinky69]

They have sent you their standard template letter. If they don't come up with an agreement then after 12 working days (plus 2 days to allow for receipt) they are in default of your request and you don't have to pay them anything as the account will then be in dispute. After a further straight 30 days if they still haven't sent you the agreement, they have committed an offence under the Consumer Credit Act 1974. If after that they continue to pursue you for payment, you should report them to Trading Standards and the Office of Fair Trading for being in breach of the Consumer Credit act and OFT guidelines. For now be patient, sit tight and see what they come up with - if anything. No agreement means the debt is unenforeceable in law.

[twinkle1977]

Thanks Pinky!

I'll sit tight - I hope they come a cropper! I would've continued paying them happily, until they became aggressive and rude and threatening! I love this site!

[sosumi]

"5. Please note that if you do not keep a regular dialogue with us regarding this account and update us accordingly, our guidance from the information commissioner states that we are entitled to reinstate your contact telephone number to continue activity on the account when required."

Do not phone them. Everything in writing.

Also a link to DLC/Hillesden's little empire in Northamptonshire:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/128746-why-citi-principal-hillesden.html#post1351820

 

They'd like to get a Charging Order on everyone's property - that's how they 'do business'.

Otherwise, as Pinky said - just wait. You may get more letter like these (every 21 days)

[sosumi]

Thanks Pinky!

I'll sit tight - I hope they come a cropper! I would've continued paying them happily, until they became aggressive and rude and threatening! I love this site!

Same here Twinkle.

[twinkle1977]

Hi everyone

 

two years i cca'd dlc / hillesden. I've got the standard letter every month stating that they are waiting for a copy of my agreement and the account is on hold.

 

Today, I received the following letter:

 

Dear **

Further to our previous letter regarding the above account. I can confirm and advise the following:-

With reference to your data request under the Consumer Credit Act 1974, we would like to draw your attention to the recent ruling in the case of McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to commencement of proceedings and therefore not considered enforcement.

Should you want to view the Judgement in its entirety, it is easily accessible via the Internet.

Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding. The industry guidance from the Credit Services Association states that the agreement has not been made illegal or void due to the original lenders failure to provide the requested documentation at this time. The underlying obligation to repay remains intact.

In view of the above ruling the account will be returned to our collections team for collection activity to resume.

We will continue to follow up your request for a copy of the required documentation with the original lender. When this becomes available we will forward a copy to you.

We will update you on developments in 21 days if there are no developments beforehand. Should you wish not to receive these updates, please advise us accordingly.

Please contact our collections deparment on ***** to discuss the repayment options available to you. Alternatively you can text your dlc reference number on **** to receive a call back.

Yours sincerely

What do we know about this ruling?

Has anyone got an opinion on this letter?

Should I respond?

 

Thanks!

Twinks

[harrassed senior]

Read the thread below for an answer to the above:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/248493-dca-quoting-mcguffick-rbs.html

[harrassed senior]

I see you have read the above thread so hope it has helped.