Jump to content


Direct Legal & Collections Help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5351 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 all

 

I could really do with some advice.

 

I currently have an outstanding debt with Direct Legal & Collections (DLC) of 15000, I made an arrangement with them to pay £55 per month. I have recently not been able to make the last couple of payments. I have had numerous letters asking me to call them and god knows how many phone calls, the last letter I received was from Aplins solicitors acting on their behalf, I contacted DLC tonight and they were really nasty to me demanding I pay 5% of the outsanding balance before they can agree to setup a new arrangement, this would mean paying them £700 in one go! These guys are just idiots I cant afford the £55 but yet they demand £700! I offered the £55 which I could pay tomorrow but they said they would not accept it and were quite happy to let the matter go to court were they will apply for an attachement of earings order and make my work deduct the debt from my wages and if they weren't happy with that will instruct bayliffs to visit me and remove items from my home.

 

Is there any truth in what they are saying, can they do this? Any help would be greatly appreachiated.

 

Thanks

Link to post
Share on other sites

I am no expert - yet, but learning fast on here. Just to offer some comfort in the meantime they cannot send bailiffs without a CCJ. You should also refuse to speak to them on the phone and request everything in writing, if you do write the experts will tell you never sign your sig, only print. And send everything recorded, its important to have all your information in order to fight them. Someone will elaborate further soon, good luck.

If I have been helpful please tickle my scales or better still contribute to CAG.

Link to post
Share on other sites

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

 

 

 

They would need a CCJ which you defaulted before they could apply for an attachment of earnings or applied for a distress warrant to involve bailiffs & even if that were to happen it would be a long way off yet. Don't speak to these muffins on the 'phone anymore, everything must be in writing to leave a nice paper trail.

Link to post
Share on other sites

I currently have an outstanding debt with Direct Legal & Collections (DLC) of 15000, I made an arrangement with them to pay £55 per month. I have recently not been able to make the last couple of payments. I contacted DLC tonight and they were really nasty to me demanding I pay 5% of the outstanding balance before they can agree to setup a new arrangement, this would mean paying them £700 in one go! These guys are just idiots I cant afford the £55 but yet they demand £700! I offered the £55 which I could pay tomorrow but they said they would not accept it and were quite happy to let the matter go to court were they will apply for an attachment of earnings order and make my work deduct the debt from my wages and if they weren't happy with that will instruct bailiffs to visit me and remove items from my home.

 

Firstly, Google DLC and download their Complaints procedures, and complain about the attitude of their employee on the phone, in their own words 'complaint letter received, place account on hold immediately'

So that will allow you some breathing space.

I'm a little confused as to why you have agreed to pay them £55 per month if you can't afford it?

Regardless of whatever the person who answered your call said, pay them the £55, have you a standing order set up or do you have to ring them to pay?

Ensure you document every phone call you make to them, if possible record all calls, failing that 'DO NOT RING THEM'.

Aplins is the trading name of Aplin Stockton Fairfax, solicitors who advise and assist companies to collect outstanding debts.

In England and Wales, a Magistrates Court will grant permission for the use of bailiffs for debts such as Council Tax or fines whereas the County or Civil Court will issue warrants in relation to unsecured, consumer debts.

Your creditor (the person you owe money to) can make a claim against you in the County Court. A County Court Judgment (CCJ) may be made stating you must repay the debt.

Your creditor can ask the court to issue a 'warrant of execution', which means that bailiffs may be called in to help recover the debt. So unless the debt is for court fines, council tax, parking or speeding fines, the creditor will have to serve you notice that they are taking you to court to issue a CCJ.

If at all possible try to pay DLC more than the agreed £55 a month until the amount of the missed payments has been paid, even if it is just £5 extra. But don't leave your self short!

If the £55 a month payment is what 'DLC' have 'told you to pay' and it is unrealistic for you then tell them, and make sure you have worked out your Income and Expenditure list thoroughly, so you are then able to show them your not just plucking figures out of thin air;)

No judge will ever make you pay them more than you can afford, and if that is only £5 a month then that is what he will make you pay!

If you show willing now and later on they decide to take you to court because you missed a couple of payments, if you are able to prove and show the judge that you attempted to pay but they then refused to accept it, he will tell them to stop being so childish. No company in their right mind would refuse any payment toward a debt. Only those who are too big for their boots and going to the wall.:lol:

In order for them to obtain an attachement of earnings order, they first have to take you to court to obtain a CCJ, then if you default on that CCJ they can apply for an attachment of earnings order and have your employer deduct money from your wages to pay off the debt.

If a creditor has a judgment against you in the county court that you do not pay then they can try to enforce the judgment against you. One of the ways this can be done is the creditor applies to the county court for an attachment of earnings order to be made. This order tells your employer to make deductions straight from your earnings in order to pay the debt. Your employer then sends the money to the court. Your employer can also deduct £1 every time they take money out of your wages towards the cost of administering the attachment of earnings order.

The court can order deductions to be made directly from your earnings if:

 

  • you are behind with the payments on your county court judgment (CCJ);
  • you are an employee (not self-employed or on benefits);
  • you owe more than £50 on the judgment.

Have a look at the National Debtline site for more info, call their bluff tell them that you are more than happy to have your time in court, as they won't get £55 a month, they will get what you tell the judge you can afford. Besides Bailiffs will not come just because 'they aren't happy' you have to default, refuse to pay, be taken to court, be issued with a CCJ, default on that CCJ, then and only then can they instruct bailiffs to visit your property, but only if they make an appointment with you, take a look at the letter templates forum on this site for the relevant letters you may need.

If your circumstances have changed from when you initially agreed to pay £55 a month you need to let them know, today, and not over the phone, unless you are recording your calls, do it by letter sent recorded delivery that way then you will start to have a paper trail of events in the event of any court action. Also whilst their is alot of talk about whether or not you should sign your letters, personally it would be very foolish of any company least of all a DCA to forge signatures and documents, and their is no evidence that this practice even exists, to that end, you can sign it, and draw a line through it, or mark it in such a way that you would know if it had been subject to a 'cut & paste' or print your name, or the best idea is to use my live signature and get a computer generated signature!;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

I must learn to type faster, cerberusalert beat me to it!;)

Didn't look at it from that angle8)

  • Haha 1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Stop all payments to these clowns immediately.

Demand a full refund as they had no legal authority to any monies off you without county court approval 1st.

Then report them to the OFT & trading standards.

Its not for them to say what will happen..they have no powers whatsoever.

Link to post
Share on other sites

These muppets don't have the power to make earnings attachments or send bailiffs - they are threat monkeys and have no power whatsoever - only a courty can make such orders and they cannot predict what any court can do. And as advised don't speak to them on the phone again - they will just bully you into payment. I personally wouldn't pay them another penny until you have received a reply to your CCA request and only then if it is enforceable. I know DLC and their parent company Hillesden well and they cannot be described as honest. Treat then with the contempt with which they have treated you. You'll decide what to pay them and when - not them.

  • Haha 1
Link to post
Share on other sites

Thank you so much for all the sound advice feeling loads better. I will send them a CCA request today, and post back their reply. If the debt is not enforcable does this mean I do not have to pay them?

 

I phoned them again this morning before I read my replies and they passed me through to their litigation department? who were happy to take the £55 payment and said I could set up a standing order for the 1st of next month and gave me their bank details to do so.

 

To answer Bazooka Boo question I had a direct debit set up but cancelled this when I had financial trouble, reason I didn't pay them was I didnt think they were priority and could start paying again when I got sorted but after missing two payments they turned really nasty as previously explained.

 

Thanks

Link to post
Share on other sites

If the debt is not enforcable does this mean I do not have to pay them?

No agreement=no money ......simple really

 

Stop talking to them on the phone, they will only bully you into paying and until they come up with a enforceable agreement they can get stuffed

 

good luck

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

Link to post
Share on other sites

Stop all payments to these clowns immediately.

Demand a full refund as they had no legal authority to any monies off you without county court approval 1st.

I am clearly missing a trick here:eek:

 

I know DLC and their parent company Hillesden well and they cannot be described as honest.

Duly noted and squirreled away for further reference;-)

 

I had a direct debit set up but cancelled this when I had financial trouble, reason I didn't pay them was I didn't think they were priority

And you are quite right, 'every day is a school day' as they say, and I have learnt something today, it will all go to further help me in assisting others though!:-D

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Have you sent the CCA Request cerberusalert posted for you? And have you stopped paying and ringing them??:confused:

As has been said before, if they do not show you a valid CCA then they have absolutely no right to make you pay anything!

Send off the CCA Request, wait for their response (12 + 2 days) then if they fail to reply or produce the correct document, or they produce something which isn't a valid CCA then they are unable to take any action against you, including taking you to court. They can add as much interest and fees as they like, but without the correct documentation you aint paying!;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...