Hillesden & CCA

[Angelastar]

Using guidance on this forum I CCA'd Hillesden for a disputed debt with MBNA. They failed to send a copy of any agreement and I subsequently wrote to them advising of default, etc.

 

Hillesden has written back agreeing they cannot obtain a copy of the agreement so cannot enforce the debt - so some success! - but they have also written, "... be advised it is no longer an offence not to supply a copy of the agreement after one month from the request. The offence was abolished in Sch 2 Pt1 para 20 of the Consumer Protection from Unfair Trading Regs 2008".

 

Is this true or are they still blustering?

 

Also, they have refused to remove default details from my credit file as I requested. Again, can they do this if the debt cannot be verified?

[peter1234]

its true its not an offence but it makes no difference to you

 

they must remove the default write and tell them so

[Angelastar]

Thank you for your advice.

 

I suspected they could not maintain a default on my credit record if they could not prove a debts exists. What sanctions are there to compell them to remove a default entry?

[Stressed150]

Result!! Are u gna refuse any payments on the account or will u be offering a full and final settlement as a gesture of goodwill?

 

I am in similar situation, have CCA'd Hillesden, and awaiting response, will start my thread in DCI forum when I recieve some sort of acknowledgement from them got my fingers arms legs and toes crossed that they won't be able to produce one....!

[Stressed150]

Oh and by the wy it's no longer a crminal offence for them not t produce ur cca, but they still have a statutory time to provide cca 12+2 days..

[cerberusalert]

Also, they have refused to remove default details from my credit file as I requested. Again, can they do this if the debt cannot be verified?

Have a read of;

Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

[cerberusalert]

It's not an offence if they don't produce it but if the fail to provide it within 12 working days after receipt of the request you can dispute the a/c & they can't take any enforcement action until they do provide one.