Jump to content


  • Tweets

  • Posts

    • Yes almost Stature Barred. Which means? So basically I wait and see what happens?  Yes i believe so and is this a new 1 upon you guys? 
    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
  • Recommended Topics

  • Our picks

  • Recommended Topics

Hillesdens updating file yet have no info


chno9
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4386 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I have been having problems with Hillesdens updating my credit file on a monthly basis. This is negatively affecting my credit score. As i do not recognise the debt i wrote to them to supply evidence of what this debt was and that they had a legal right to claim this.

 

The original letter was sent to them on the 15/09/07.

 

They replied with a letter stating that they could not find the information that i had requested and that they would update in 21 days. This they did updating with exactly the same letter every 21 days, stating they can't find the info but will update every 21 days.

 

The same letter has now been arriving on my doorstep evry 21 days for the past 11 months.

 

I have had many things to do recently and haven't found time to sort this out, but i now have the time, and want this removed from my credit file asap.

 

Can anyone advise on the best course of action. Or the best letter to send to Hillesdens to make them remove all data that they have been falsely giving to CRA's.

 

 

 

P.s i have kept every single piece of correspondance.

Link to post
Share on other sites

Hi,

If Would be sending them a prove it or bog off letter along with a s10 data protection notice to stop illegally processing your data as you haven't given them permission to do so.

Don't phone them but send the letters recorded delivery and do not hand sign your letters, just print your name.

If you haven't done so yet, get an updated copy of your credit file then get the CRA to put a notice against any bad markers on your file.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Thanks.

 

What kind of thing do i need to say in the 'bog off' letter (other than bog off!)?

Where can i find this s10 form, and what exactly is this?

 

I shall have a look myself to see what i can find out, but any help is appreciated.

Link to post
Share on other sites

Also is there a way to force Hillesdens to remove all info that they have given to CRA. I don't see why i should be the one doing this as it is them who have been giving info that is incorrect.

Link to post
Share on other sites

Give me a few minutes

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

One prove it letter. Just copy and paste it to your word processor then edit it to suit.

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

 

 

 

And one S10 notice

Dear Sir/Madam

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

I refer to your recent admission that you cannot supply me with a copy of a Credit Agreement signed by me

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases and from ALL Credit Reference Agencies will result in a formal complaint to the Information Commissioners’ Office.

 

Yours Faithfully,

 

 

Make sure you edit out anything that doesn't apply and make sure you send them recorded delivery. Keep all receipts and after a couple of days go to the post office website and do a track and trace which will tell you when it was delivered.

 

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Don't forget. Recorded delivery. You don't want them denying they ever got your letters.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • 3 weeks later...
  • 7 months later...

Update on this issue:

 

I sent a letter to Hillesdens including the s10.

 

Basically due to Hilledens not holding any data that connects me to this alleged debt, they were sending letters every 21 days saying they were still looking for them. This was going on every 21 days for about a year (see above for full details).

 

The latest development is this:

 

On the 24th March Hillesdens sent a letter stating:

 

1. Our client, Barclays Bank Plc, is unable to provide a copy of the documents requested under the Consumer Credit Act 1974.

2. Consequently, I can confirm that all enforcement proceedings on the account have been stopped.

3. Please find enclosed £1 postal order for your request made under the consumer credit act 1974.

 

That i assumed, would be the end of the matter. However they have today sent a letter with an Annual Statement of Account.

 

This states that i still owe this money, and that it is in default. As well as the various means that i am able to pay.

 

The statement period is dated 01/10/08 to 01/09/2009

 

Obviously i am going to reply with the letter they had previously sent stating their previous letter. Can anyone give me an idea on how i can esculate this to ensure these idiots get the message.

 

Thanks

Link to post
Share on other sites

Hi,

I would send them a copy of the letter you received on 24 March.

They obviously have problems with joined up thinking :rolleyes:

tell them not to bother your letterbox with their rubbish until they have something to work with

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Get in touch with the CRAs and ask them to remove the defaults as Hillsden had no authority to put them there. If they do not do so, make a formal complaint to the Information Commissioner that Hillsden have been emtering defaults on your credit reports when they did not have your permission to process your personal data.

Link to post
Share on other sites

Thanks for the comments so far.

 

I am going to send Hillesdens a letter, and refer them back to the letter that they had sent out saying that the account had been stopped. What i want to know is who can i threaten them with so they get the message? Would it be the information commissioner, or someone like the OFT?

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...