Debt collection hell, need advice & someone to talk to...

[Perniketree]

I've just received a letter from Hillesden Securities Ltd (dlc), tellling me that my debt with Black Horse has been assigned to them, and that Black Horse no longer own my account. Black Horse put a charge on my property approx 2 yrs ago - the debt started at around £1600, at the time they took me to Court (after not once replying to any of my letters asking for reduced payments!) the debt had risen by £1,000 due to charges and interest. When it went to Court, their Solicitor told me the interest would cease at that point in time. I made an offer of £10 per month, which I have never defaulted on. My questions: Can these people now start adding interest to the debt, which according to them stands at £2,351.02, can they take me back to Court, does the legal charge on my house become null and void as it was in the name of Black Horse. I failed to say I am registered disabled, and on a state pension and DLA. I am just so upset by all this, I can't phone them, as I'm in such a state, I have scanned the letter, but don't know how to paste it on here. Somebody help me please!

 

Thank you

[Mr lex]

Hi Perniktree,

 

I have moved your post to it's own thread. You will get more help here.

 

I have ask some one with more experience than me to have a look.

 

Lex

[sea-sidelady]

Hiya Perniketree

 

Welcome to CAG.

 

You will get the help needed here. Please don't panic too much. I have given you a link to help you find your way around the site, so you can show us the papers among other things.

 

HOW TO GUIDE....

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Have a good read around the debt forums, and if you have any questions, just ask. There will always be some one around to help you.

[sea-sidelady]

Please don't call them. I will make sure some one pops into here to give you the advice needed.

[PGH7447]

use this link to paste the letter up

 

Image hosting, free photo sharing & video sharing at Photobucket

[notsoevil]

Have had a quick read, if the court says that interest was to of stopped - then in my view only the court can add interest. Did you have a solicitor? If so go and see him if possible and ask for copies of statement to show what the outstanding amount is made up of.

[Perniketree]

This is the dummy - OK, I have uploaded the scanned letter to photobucket, so how to I get it to you please? - Keep telling you I'm useless, I am good at attaching to an email, but not to a site!

Thanks, Dummy. x

[42man]

This thread might help you here Perni....don't worry it took me ages to work it out !!!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161226-credit-cards-dcas-2.html

[Perniketree]

Cannot do the photobucket thing, all I got was this red cross! I will type the letter word for word now:

Client: Hillesden Securities Ltd

Balance outstanding: £2,xxxxx

 

This debt has been assigned to Hillesden Securities Ltd trading as direct legal & collections (dlc)

 

This means that Black Horse Ltd no longer own your account and your account is now owned by dlc. All future payments and contact must be made with us.

 

Your account has previously been subject to legal action through Black Horse Ltd or their representatives.

 

You must contact us immediately on 0870 7446481 with your payment proposals to prevent further enforcement action being taken.

 

If you have a payment arrangement in place, please contact us to confirm these details.

 

Yours sincerely,Nathan Prior Team Leader. The letter was dated 6th October - I do not want to ring them, as I will get very upset and neither do I have the facilities to record the two way conversation.

Edited October 15, 2008 by 42man
edited amount for id of poster...

[42man]

My first advice would be to reclaim all the excessive charges + 8% compounded interest Perni.....is the debt for a bank account ? or a loan ? or credit card ?

[42man]

I was under the impression that interest couldn't be added to the account, I had seen several posts bt PT2357 on this...i'll see if I can find it...

[Perniketree]

Hiya,

 

It was for HP on a kitchen, I had hoped to pay it up before it went on to interest and monthly payments, but my business went down the pan, when I became disabled, so I kept writing to Black Horse asking for them to reduce the payments, they just kept ignoring my letters, I did not pay anything at all, so they took me to Court to put a charge on the house, the Judge was an absolute B......, would not listen when I told him my letters had been ignored, I offered £10 per month, which I have never defaulted on, more charges were put on the amount to cover their Court Solicitor costs, and she told me that the interest would be frozen from that date. My payments should be made on 14th of each month, but I always send them on 1st of month, when I send all my other 'token' payments of £1 to various CC Companies. Hope this gives a clearer picture. I think that Black Horse have treated me really bad since the outset.

[42man]

With regard to the interest read this....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/154093-help-please-claim-form-2.html

[Perniketree]

Hey Guys, just received another letter from dlc:

"you have failed to respond to our previous letter and the balance remains unpaid. Please telephone us immediately on ... to discuss your payment options which include: 1. A discounted lump sum in full and final settlement. 2. Monthly payments over an agreed term. Failure to respond to this letter may result in further legal or enforcement action and additional costs may be added to your balance. Yours etc etc

 

Shall I write and tell them that this is the first I have heard from them, as by way of a delaying tactic?

 

Thanks in anticipation guys.

[42man]

OK keep sending the £10 per month as agreed by the court.....in the meantime I would send a Subject Access Request to Lloyds so you can reclaim all the excessive charges + 8% compounded interest....

 

Unfortunately the SAR will cost £10 (send it by recorded) FAO - The Data Compliance Manager at their head office, they have to send this to you in 40 days...., by doing this you will have started the penalty charge reclaim process....

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

[42man]

Keep paying the £10 to DLC, they can't take it back to court (although they might try)....as it already has judgment on it....if you fail to pay then they could add a charge on the house.....

[42man]

Have you sent the SAR request as mentioned in post 15 above ?

[Perniketree]

Many thanks for that - do have a couple of problems though - I had a business loan with Lloyds (£25k), I have been making a token payment of £2 per month to Wescots. If I were to write to Lloyds as you suggest, will that not remind them of me, and then they may ask for more than the token payment? I'm so afraid of that. Black Horse, is part of the Lloyds Group I know, but don't understand why they sold off my debt to DLC? It also seems that since Lloyds took over HBOS, I am getting nasty things happening - BOS CC - I have not received a CC statement from them in over two years, as have again, been making a token payment of £1 per month, via their Solicitors, Eversheds, all of a sudden, I have just received a statement direct from BOS, showing the total outstanding (in excess of £2k) seems like a lot of interest gone on there, and I thought it was frozen, when token payments were being made? - Sorry, I'm a real dummy about all this, I'm afraid, of all the consequences. I'm registered disabled, and only receive a state pension, pension credit help with the mortgage payments.

 

Looking for a miracle,

Regards & more thanks I hope

Margaret

[42man]

You could write this to DLC....

 

Dear sir / madam

 

I note your recent letter indicating that I have failed to make payments. As you know, this debt was the subject of a judgment which ordered me to make payments of £10 a month which I have never failed to pay. However as there are a substantial amount of excessive penalty charges that have been added to the account, I am currently in the process of reclaiming these. However as you own the debt it may be that I am owed more than I actually owe you.

 

I would welcome the opportunity of showing the order to a judge in the future along with the raft of excessive charges that have been added to the account, and when questioned on costs, I will have no hesitation in showing this letter along with the previous court order to the judge.

 

I am also contemplating getting the original judgment set aside.

 

yours sincerely

[42man]

For all credit loans / and credit card debts (NOT business cards or loans or overdrafts / bank accounts) I would also send a CCA request out....which you can read about here and why it is relevant...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164270-debt-wescot-lowell-unsecured.html

[Perniketree]

Hi 42,

 

Many thanks for that brilliant letter, I am happy to send that, but the original letter from DLC does not refer to any missed payments, it was just informing me that they now own the loan - should I just omit the first sentence to them please?

[42man]

Yes edit it to suit Perni...

[Perniketree]

Great, thank you, I will send to BOS and also Capital One, as I'm having trouble with them too! I asked them on the phone to write off the debt, and they said they wouldnt (it's only about £300!)

[42man]

Perniktree....can you update your thread please with your new info...

 

Many thanks...

[Perniketree]

Hi All,

 

Having sent the letter (19 above). I have now received a reply:

 

Thank you for your correspondence of 19th October 2008, the contents of which have been noted.

 

We would be obliged if you would supply by return, details of the court of whom obtained the judgement in place.

 

Upon receipt, your account will be dealt with accordingly.

 

p p signature for a Debbie Bloxham, Team Leader.

 

What do I do next please? surely it's up to Black Horse to supply the info, as they sold the debt on? Shall I send the SAR to Lloyds as you suggested above? or shall I wait a bit.

 

Many thanks