MissHighMaintenence / Hillesden & CCA

[MissHighMaintenance]

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..

 

 

Hi all as you can see I am new to this and am trawling through this forum for help as I too have requested cca from Hillesden, am confused now as to where I stand if it is no longer an offence for them not to produce.

Sorry if this is posted in the wrong place.

 

Miss HMC

[maroondevo52]

Hello and Welcome, MissHighMaintenance.

 

I've moved your post to start a new thread for you.

 

Regards.

 

Scott.

[MissHighMaintenance]

Thank you Scott, your help is appreciated.

 

Miss HMC

[maroondevo52]

I'm going to move this thread to the DCA Forum.

 

Regards.

 

Scott.

[clemma]

Hi all as you can see I am new to this and am trawling through this forum for help as I too have requested cca from Hillesden, am confused now as to where I stand if it is no longer an offence for them not to produce.

Sorry if this is posted in the wrong place.

 

Miss HMC

 

This was repealed in 2006. They now have 12+2 days to produce an enforceable CCA. After this time, if you receive nothing, or something unenforceable, then you can put the account in dispute. This means they can no longer pursue the debt or take any action against you (although it doesn't seem to stop them trying ). It also means you can stop making payments to them

[Stressed150]

|It's not a criminal offence for them not to produce a CCA, but that doenst mean they dont have to! Good luck in ur puruit against Hillesden am also on their case to produce a CCA..... btw love the pic..x

[MissHighMaintenance]

I had maybe better explain my situation a little.

 

I had a credit card with MBNA and allegedly run up a debt of £1500.

MBNA sold the debt to Hillesden Securities in 2005.

I started paying Hillesden through a debt management program to the tune of £20 a month. I found out just last year that the debt management company had gone bust early 2007, not informing me and continuing to take payments out of my bank!

So to all intents and purposes I thought that the debt had been getting paid until I recieved a letter from Nolans Solicitors working on behalf of Hillesden informing me that they were taking legal action for non payment and to stop this I had to contact them immediately.

I ignored the letter.

I then got a letter telling me that they were taking me to court and to avoid action contact them immediately.

Where I work if I had any court action at all against me I would be dismissed so I set up a direct debit to Nolans and payed £120 a month to them.

In September last year I had a change of circumstances and had to cancel the payments so once again I recieved a letter from Nolans on behalf of Hillesden Securities telling me that they were going to raise the court action.

So........after days and days of trawling through these forums for help I drafted up a letter to Hillesden themselves asking for a copy of the CCA, that was on the 10th April. On the 21st April I recieved a reply from them saying something to the effect "we are awaiting delivery of the documents but can produce them if instructed by a judge" amongst other things.

This is the stage I am at now and even after reading through some very informative posts on this site, am unsure of what to do next.

Any advice would be greatly appreciated.

Many thanks in advance

[MissHighMaintenance]

Thanks again Scott.

Thanks Clemma & Stressed for the prompt replies.

[clemma]

They have until the 1st May to produce a valid CCA regardless of what they tell you. If you receive nothing, then you can send them an account in dispute letter.

[MissHighMaintenance]

They have until the 1st May to produce a valid CCA regardless of what they tell you. If you receive nothing, then you can send them an account in dispute letter.

 

So I assume that in the mean time they cannot raise court action?

I am so hoping this is the case as I cannot afford to lose my job :-|

[clemma]

Nope - they have to comply with your request fully. If you place the account in dispute and they try to take court action then you would win!! However, most DCA's are full of what they MAY do or COULD do....read the letters they send carefully and you will see what I mean.

[MissHighMaintenance]

Thanks clemma.

If I am unsure of something I will check with others here on the site before I do anything.

[Pinky69]

I wouldn't worry about either Hillsden or Nolans - they are all mouth and trousers. Hillsden sent me a newspaper cutting from a newspaper in reply to my request for a copy of an MBNA credit agreement - it was no more an agreement than bog roll. How can they tell they can produce an agreement in court of they are awaiting delivery of they-know-not what - lies and they just make themselves look stupid. I called Nolan's bluff and said "Fine - take me to court and we will argue the toss there" - I haven't heard a cheep from them since. Don't let them intimidate you - you are in charge here, not them. If they don't produce a copy of the agreement or the agreement is unenforceable, don't pay them another penny and tell them to bog off. One more thing to look for - MBNA made what they have into microfiche. Microfiche is a copy of a document and hearsay evidence - it cannot be used in court. The original agreement must be produced in court. Also, they cannot take you to court unless you received a valid Default Notice. So if need be you can ask them for a copy of the Default Notice but first things first - the copy of the agreement.

[MissHighMaintenance]

Thanks Pinky, your reply is somewhat reassuring

[MissHighMaintenance]

Good morning everyone.

 

Update time - I have heard nothing more from Hillesden but received a letter from Nolans yesterday to say that they are considering legal action again by way of bankruptcy, wages arrestment sherrif officers etc etc so can anyone please advise on what I should do now.

 

Many thanks in advance,

 

Vicki

[MissHighMaintenance]

Ok reading through the forum I see I should now send an 'account in dispute' letter which sounds good to me but am unsure of who I have to send it too - Hillesden or Nolans?

 

Thanks,

 

Vicki

[Stressed150]

I would send it to Hillesden Recorded deliver but if Nolans are their solicitors, then maybe CC them into your letter including your original CCA request letter so they knw exctly whats going on from your point of view..... but hopefully someone more experienced will be along soon to advise further....x

[Blondmusic]

It looks like the Account is in Dispute as they have failed to provide your agreement within the timescale of 12+2 working days. Send this letter to Hillesden and Nolans. Edit to suit, DO NOT SIGN and send recorded. Good luck.

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

[MissHighMaintenance]

I would send it to Hillesden Recorded deliver but if Nolans are their solicitors, then maybe CC them into your letter including your original CCA request letter so they knw exctly whats going on from your point of view..... but hopefully someone more experienced will be along soon to advise further....x

 

 

Thank you for the reply, your advice is good x

[MissHighMaintenance]

Blondmusic thank you so much for the help, I will write up the letter and post it recorded tomorrow.

Will let you know if & when I next hear from either of them.

 

Thanks again,

 

Vicki

[Blondmusic]

No problem. I am happy to help. Are Hillesden and Nolan the same compnay? I only ask as the Office of Fair Trading Debt Collection Guidelines state the following,

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

 

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

 

c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

 

d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties

 

e. not informing the debtor when their case has been passed on to a different debt collector

[MissHighMaintenance]

Hiya,

 

Nolans claim to be a solicitors working on behalf of Hillesdens, what they are exactly I do not know, I thought they had bought the debt but this does not appear to be the case.

I sent the CCA request to Hillesden, thought that was all I had to do but now Nolans have reared their ugly heads again I am not so sure, the whole situation is puzzling me.

 

Vicki

[Blondmusic]

As i said send the letter to both of them. You should only have 1 company at a time chasing you for a debt. It is in the guidelines. I would report them to the OFT as they are breaching debt collection guidelines.

 

You can email them here [email protected].

 

They can't help you personally but they will add the information to Hillesden and Nolans files. Another nail in the coffin for them me thinks!!

[Tartan Barty]

Check the phone number on the Nolan's letters.....are they the same as Hillesden????

 

Some of the DCA's use solicitors letterheads but send them themselves paying the solicitor a fee per letter.

 

My guess is that it Hillbillies using Nolan's logo to try and scare you but I may be wrong.

[MissHighMaintenance]

Hi again all HELP NEEDED

 

Re the above - I received a letter back in May 2009 from Hillesden to say that they could not produce the required documentation so case was closed...............

 

Today 21st Jan 2011 I have received a sheriff officers letter saying that "On the 21st day of April 2007 a decree against you was granted in the Sheriff Court in Dundee for payment of a sum of money in the above action.

The Decree was extracted on the 5th day of September 2007

 

I, Alan Moulds , Dundee Sheriff Officer, by virtue of the extract decree in Her Majesty's name and authority of the sheriff, charge you to pay the total sum due as set out below (together with any interest) within 14 days after the date of this charge to Messrs. Nolans, Solicitors, Donaldson House, 39 Donaldson Street, Glasgow, G66 1XE (Ref. 4 N 40015 - Tel: 0141 777 6366)

 

If you do not pay this sum within 14 days, you are liable to have further action taken against you including arrestment of your earnings and the Attachment and sale of articles belonging to you. You are also liable to be sequestrated (declared bankrupt)

 

So...................what do I do now, help needed urgently please and thank you all in advance.