HFC debt - DLC/Hillsden Securities. CCA request

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Afternoon,

 

I requested my CCA from DLC, and they have confirmed to me on the few occasions they've rung me, that the request was recieved 15th December 2008. (Oh and they still ring me despite the letter I sent requested them to put everything in writing and no more phone calls)

 

But as of yet I still have not recieved anything back.

 

Could you please tell me what the next step is?

Also on on my Credit Report it is not stated that I have been making token repayments to them with out missing one.

Can anything be done relating to show on the report that I am?

 

Thanks

 

Andi

[Pinky69]

Token repayments aren't recorded by credit reference agencies. You will get a letter to send DLC about telephone harrassment in the Sticky at the top of this page. DLC will eventually send you something in reply to your request and it may take some time. I personally just wait and reply then to whatever they send.

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But isnt there a time frame of which they must adhere to?

So far I have paid them token payments - but I am disputing the whole, account as I am certain that I never signed an agreement nor did I ever recive any funds from Hillsden / HFC or Benifical Bank (or what ever they call them selves)

[maroondevo52]

Hi, ads.

 

If you have an account number or know who the origional debt is supposed to be from, send them a SAR, that'll let you know the score regarding payments ect.

 

Or send DLC the 'prove it' letter.

 

Dear Sir/Madam

 

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 would also point out that this would be considered an unfair business practice under the Consumer Protection from Unfair Trading Regulations 2008.

 

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.

 

 

On a final note should you make any adverse entries on my credit file regarding this matter, as was implied would happen from one of your telephone operators, a court claim will be issued against your company for damages. You may be aware of the recent case of Durkin v DSG Retail Ltd + HFC Bank PLC in which substantial damages were awarded for wrongful impugnment of a man's credit reputation without proof of actual financial lose.

 

 

I trust this clarifies my position.

 

 

I/we look forward to your reply.

 

Yours faithfully

 

Print do not sign name.

 

 

Regards.

 

Scott.

[Pinky69]

You didn't make it clear from the outset you were disputing the whole account. In that case it is the "prove it" letter you needed from the outset. The creditor is HFC - Hillsden don't lend money - they are the DCA collecting the alleged debt.

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Thank you, and sorry pinky - I was at work so I was rushing it a bit.

[maroondevo52]

Send it to whoever is chasing you for the debt now.

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Well its now the 26th of feb, and I have had absolutly nothing from them.

(Originally requested 15th December.)

 

Whats the next step?

 

This is still sitting on my credit report and is really beging to get on my pips.

 

 

On another note (do i need to put a new thread?)

 

HSBC are persuing a debt through Cabot that was a Managed Loan - due to them closing my account, due to me not agreeing to pay them the charges.

Now apparently they cannot provide me with copies of an application for the managed loan / nor statements prior to 2003 from the start date - due to the age (over 6years) - Yet again I did make token payments of £10 a month, as the threat of a collection guy knockin on my mums door was daunting.

Can you please tell me what I can do about this Ive already paid about £400 over the years - and they still cant provide me with any info.

[Pinky69]

Send this to DLC:

 

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

If it is a loan you have with HSBC then it's not an application form you want but a copy of the credit agreement - send a CCA to Cabot. To get the details of the loan from HSBC, send HSBC an SAR:

 

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,

 

Enclose a £10 and send by recorded. They have 40 days to reply.

 

In the meantime you do not have to pay DLC anything - they have defaulted on your CCA request.

 

 

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thanks

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Hi,

 

Ive just come off the phone with Cabot financial whom have said that HSBC can not provide a copy of the agreement.

 

They can only provide me with statements dating back to 2003.

Cabot also they mention that they queried these statements with HSBC due to the fact that they quot 2 different account numbers (ending 9158 & 0720), from the one that Cabot are chasing repayment over (ending 6164).

 

Also the lady from Cabot stated that her Manager said that they will put the account as "Irrisovleable", and that it will remain on my Credit report but they will no longer chase payment.

 

How does that effect my credit rating if they do that? What else can I do as Im getting realy anoyed that nothings happening.

 

In addition to this HSBC said that they cant remove the duplicated entry on my Report due to the fact that the account is closed and they have no access to these details???

[rory32]

Do you have a copy of your credit report?

In addition to this HSBC said that they cant remove the duplicated entry on my Report

What is the duplicate entry?

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Yes I have a copy.

 

Theres an entry under on the report under HSBC for an old address I lived at, and also the Cabot financial one (as HSBC sold the account to Cabot).

 

Is what Cabot say about the "Irrisovleable" worth doing or is there another option as HSBC cannot provide the agreement.

[rory32]

There is no such thing (as far as I'm aware) of marking a debt as irresolvable on your credit report. It sounds like complete twaddle to me.

 

What are the two entries? If they are defaults then they can be corrected.

 

You are unlikely to get the adverse entries on your credit agreement removed based solely on there being no credit agreement.

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The first entry is from HSBC, the second entry is from Cabot Financial. Both have the same amount owed.

 

I have a letter from both Cabot & HSBC stating that the debt has now been sold to Cabot.

 

So, basically that with them not providing me a loan agreement, then I'm basically screwed either way.

 

(This was a Managed loan - I refused to pay the bank charges on the account and they mounted up, next thing I know was the account was closed and a Managed loan was set up, with out me agreeing or singing anything.)

[Pinky69]

The HSBC default will stay but you can get rid of the Cabot entry by filling out the part at the bottom of the entry pointing out that this is a duplicate of the HSBC entry and you want it removed - you cannot be defaulted for the same loan twice.

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Cabot have said they can not remove it as the debit is now owned by them - they can only mark it as Irrisovleable, HSBC cant remove it due to them no longer having the debt!.

 

It doesnt help that the department that deals with Credit report entries dont talk to people, plus they wouldnt talk to me due to the account being closed.

 

Why would the HSBC stay on the report when they've sold the debt on?

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Sort of a result on the HSBC/CABOT account.

 

Cabot, (who I must admit have, listened and acted on the information I have gave them) have just rang me to tell me that they are marking the account as Irrisolvable, but this is an internal action for writing the debt off. They have said that they will write it off, and contact the relevant credit agencies and it will be removed from my report within 6 weeks- all this is because of HSBC not providing the correct detail.

 

All I need to do now is just get the HSBC refrence off the report - any ideas?

 

I would like to thank you for everyones help and advice on here.

 

Andi

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morning,

Affter sending the account in dispute letter to DLC 02/03/09

(couple days late as ran out of ink in printer),

 

I received a letter from a Mr Locke at HILLSDEN on the 12/03/09,

requesting me to submit a payment of £1.00 to retrieve the information I required

- I sent a letter back to Mr Locke/Compliance team with another £1 cheque stating that I have already paid in my original contact of 15/12/08.

 

Now checking the Recorded delivery info the letter has not been delivered nor has the cheque been cashed,

I rang Mr Locke who states they received the letter on the 17/03/09, and could not understand as to why the original letter on the 15th was passed to them.

 

Can you tell me from the account dispute letter that I sent what remains valid ie time frames ect, and what they must do next.

Thanks

[Pinky69]

DLC is the collection arm of Hillsden. If Tony Locke doesn't know why it was passed to them, it is none of your concern - that is their problem. You didn't need to send them another £1 - DLC had your request - but maybe Mr Locke is desperate for all the money he can get. The original time frame still stands.

Don't speak to them on the phone. If they start calling you, everything in writing and keep a copy.

[bazaar]

It appears youve paid twice for this, so demand the £1 back plus 2 p interest,

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Im in the mood for letter writing today (new printer!)

 

21+ days have now passed since Mr Locke recieved my letter on the 17/03/09, and still no Agreement.

 

Whats the next letter that I could send please? Would it be the s.10 letter: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980.html ?

Edited April 14, 2009 by ads_uk
missed a bit

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Afternoon,

 

Ive recieved a letter following my S10 from Mr Locke at Hillsden, it reads:

"24 April 2009

Dear Mr Anderson

Account number 297121175 formerly HFC Bank Plc - 000010832848

Thank you for your letter dated 14 April 2009 regarding the above account. I can

confirm and advise the following;

1. We are chasing up a copy of the original agreement and statement of account

from our client HFC Bank Plc. When these become available a copy will be

forwarded to you.

2. Your account is on hold and all further action has been suspended in

anticipation of receiving the required documents.

3. Whilst we may not be able to enforce the agreement, the monies remain

outstanding.

4. Although we may not be able to enforce the agreement, the entry registered

against you will not be removed , however you are entitled to apply to the

Credit Reference Agencies for a notice of correction to be applied to your

account.

5. Our comments are based upon guidance from the Credit Services

Association the regulatory for the credit services sector, therefore non of our

actions, to date have been contradicted by any statutory agency.

Yours sincerely

A E Locke

Director & Data Controller

Direct Line: 01280707513"

 

Is that it now, am I stuck with this entry on my credit report?

Can anyting else be done to get this removed?

 

Please advise

Thanks

 

Andi

[Pinky69]

See if anything in my thread of today "Invalid Default Notices" helps. They cannot record a default or process your information whilst the debt is in dispute, and that includes making entries on credit reference reports but you will have a fight to get it removed. It helps that the OFT are right on to DCAs at the moment so they don't want to be seen to be flouting the law.

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Ok now im extremly p***ed.

After recieveing Mr Locke's lovely letter, the muppets at DLC have now taken a payment from my account - and sent me overdrawn!

 

I looked a Pinky's thread as mentioned, but Im unsure on what I should write to Hillsden, Im not to confident on my grammer ect.

Could some one please advise as to what I should write regarding the deuction and there refusal to remove credit report entry despite no CCA.

 

Thanks

 

Andi