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Reclaim money from Citicard/Hillesden Securities/DLC


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Hello,

 

I was wondering if anyone could offer some advice please.

 

I had a debt with Citicard a couple of years ago. I then received a letter from Hillesden Securities/DLC, saying that the debt had been transferred to them and they told me the repayments I was going to have to make. I paid them a total of about £1000. I discovered then that I could contest the debt and so, I wrote to them and asked them for the CCA.

 

I received a letter back saying that they couldn't provide a copy so they could not enforce the agreement, and that they were not going to pursue the rest of the balance. However, they have entered a default against my name. They told me that if I clear the outstanding balance, they will remove the default on my credit file.

 

I wanted to know about the following:

 

1) If the transferral of the debt to Hillesden/DLC was unlawful in the first place, is there any way I can claim back the £1000 that I paid them?

 

2) What can I do about this default? It seems unfair that they are able to hold me to ransom even though they admit the transferral was unenforceable.

 

Thanks in advance for your help.

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If they will not remove it when you ask nicely, the only option would be court action - if they have no CCA then they have no proof of permission to write your data under the Data Protection Act

 

This is not an easy task, but I believe its your only option

 

You could try writing to the Credit Reference Agencies and asking them to remove it, enclosing a copy of Citi's letter admitting no CCA, but the CRA's are VERY reluctant toremove data

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Thanks for replying. I will certainly try writing to them and ask them to remove it.

 

Did you have any thoughts about whether I would be within my rights to try and claim back the £1000 I already paid them?

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Thanks for replying. I will certainly try writing to them and ask them to remove it.

 

Did you have any thoughts about whether I would be within my rights to try and claim back the £1000 I already paid them?

 

You wont be able to claim back the monies... the debt still exists its just not collectable on whilst they dont produce the CCA... any monies paid towards it are deemed gifts.

 

You could try a S10 Data protection letter to see if it'll do any good:-

Link to doc here

 

Edit it to suit your needs and send recorded delivery.

 

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

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