DLC Re Hillesden Securities

[maud26]

Hi

I have a joint debt of £4516.80 with ref to a personal loan from Black Horse, Hillesden Securities took over the debt 2 years ago and I sent numerous CCA requests. I finally recieved a signed copy of the cca 12 months after first requesting, i have also attempted to claim back unfairly sold PPI to no avail (its been a while since i dealt with things). Now I have a letter from Direct Legal Collections saying that they will accept half of the outstanding balance if i contact them asap. Given my current situation i have no money to pay these people but wondered if there is anything else i could do?

Many thanks

Maudy xx

[the_shadow]

Hi

I have a joint debt of £4516.80 with ref to a personal loan from Black Horse, Hillesden Securities took over the debt 2 years ago and I sent numerous CCA requests. I finally recieved a signed copy of the cca 12 months after first requesting, i have also attempted to claim back unfairly sold PPI to no avail (its been a while since i dealt with things). Now I have a letter from Direct Legal Collections saying that they will accept half of the outstanding balance if i contact them asap. Given my current situation i have no money to pay these people but wondered if there is anything else i could do?

Many thanks

Maudy xx

 

Hi Maud, re: PPI what were the grounds for reclaiming... have you considered a complaint to the FOS on PPI, they have been upholding a reasonably large percentage of claims apparently but it does normally take more than 5-6 months to get action.

 

Have you scanned and posted up the loan CCA as it may not be enforceable.

 

As per the other thread... if you have nothing the most you can pay is £1 per creditor. Nobody can get blood out of a stone.

 

S.

[theoldgit]

So if they are offering a discount of 50% on a debt they have purchased they will presumably still be making a healthy profit if you are able to settle at that rate, it beggars the question of how much they paid the original creditor for the alleged debt. Are debtors entitled to know the actual figure? I assume the amount paid for the debt would vary.

[Pinky69]

It can be 10 - 15p in the £1 or as little as a few pence - there is no way to find out. They are offering a 50% discount because they need the money. They would then proceed to sell the rest on and you would get a demand from another DCA for the rest. There is no honour amongst murky DCAs. Try to post the agreement (block your personal detail) if you can and we will have a look at it to see if it is enforceable. Photobucket is good. If the agreement isn't enforceable you can tell Tony Locke at Hillesden to get lost. (DLC/Hillesden/MDB are all the same company- part of the Faccenda Group, whose other activity is chicken farming!)

[maud26]

Hi Shadow

I have have attached the scanned copy i have stored on my PC (not sure where the paper copy is) so hope its readable. I posted some time ago asking where to go for advice on if its enforceable but didn't get much joy. What would you advise on how to check this?

The grouns for PPI reclaim is that I am disabled and have been for many years, plus the fact that we were told 'No PPI = No loan'.

Thank everyone for their advice.

xx

[maud26]

sorry here it is x

scan0002.zip

[Pinky69]

In my view this would be enforceable BUT I would put it into dispute with Hillesden for 2 reasons 1) you were mis-sold PPI and have made a claim which is now with the FOS (send your claim to the FOS) and 2) the agreement says it has 2 pages, you have only received 1 page and you haven't received a copy of the Terms and Conditions nor have you received any statements. Until such times as your CCA request has been met fully and the PPI settled, you will not be making any payments on this disputed account. The will hum and haw about it and keep asking for payment at which point you report them to the OFT for pursuing payment on an account in dispute - and send Hillesden a copy to show them you have.

[maud26]

Hi Pinky

thank you so much for the reply. Where can i find templates for the disputed account letter??

xx

[Pinky69]

Account In Dispute

 

Dear Sir/Madam

 

Thank you for your letter of (date) 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.

 

You have failed to comply with my request, and as such the account entered default on 10/10/08. (12+2 working days AFTER the CCA request was sent)

 

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

 

Amend it to tell them it is further in dispute because of mis-sold PPI.