Hillesden/DLC

[ejstowell]

Thanks for your help on this guys!

[ejstowell]

If it helps aswell, they've added almost £3k of charges

[postggj]

send This By Recorded Delivery

 

 

your Name

Address

Direct Legal And Collections

Trading As Hillesden Securities

Chicken Farm

Facenda Avenue

Care Of

Kentucky Fried Chicken Private Joke That, Look Up Who Dlc Own

Date

Your Ref

i Do Not Acknowledge This Account To You Or Any Other Company

 

　

Account In Dispute

 

　

　

Dear Cretin

On Xyz Your Company Contacted My With Reference To An Alleged Debt.

On Xyz I Contacted Direct Legal And Collections With A Request For A Copy Of The Alleged Agreement With The One Pound Fee Sent Recorded Delivery.

On Xyz You Sent Me What You Reported To Be The Consumer Credit Agreement (copy Enclosed)

As You Can No Doubt See That This Alleged Agreement Falls Short Of What Is Required.

The Agreement Must Be Legible. Until You Provide A Legible Agreement, This Account Remains In Dispute.

If You Are Of The Opinion That This Is Not The Case, Then I Will Have No Alternative To Escalate The Matter To The Office Of Fair Trading, Trading Standards, And The Financial Ombudsman Service.

I Also Require From Direct Legal And Collections A Copy Of The Notice Of Assignment, A Copy Of The Default Notice, And A Full Statement Of Account.

If You Are Of The Opinion That You Are Not The Creditor, Then I Will Have No Option But To Cease All Contact With Your Company.

Being That You Have No Legal Authority To Request Payment.

If You Maintain That You Are In fact The Creditor With Full Rights And Duties, I Expect You To Supply All The Documentation Requested And Not For Myself To Contact The Alleged Original Creditor.

This Account As Stated Is Now In Official Dispute And As Such Unenforceable In Law Until Compliance. I Expect All Collection Activity, Including Demands For Payment By Letter Or Telephone To Cease Forthwith.

Failing This Will Be An Offence Under The Consumer Protection From Unfair Trading Regulations And Will Be Reported To The Authorities.

I Require A Response To This Letter With In Fourteen Days Of Receipt With Your Intentions To Resolve This Dispute.

I Would Appreciate Your Diligence In This Matter,

I Look Forward To Hearing From You In Writing

Yours Faithfully

　

[Deb T]

Just to add here, I have the same issue with DLC, and they started by sending me the 'we've requested said information from the creditor and will get back to you as and when...and suspended the account. That was 5 months ago, they sent me a similar letter every 3 weeks for a while and now that has stopped.

 

In regards to the entry on my credit file, it was duplicated by both the lender and Hillsden, I wrote to the CRA with a view to having the entries removed, the original creditor was contacted by the CRA and they stated that their entry could remain on file. Hillsden stated that they updated their files monthly and that the entry was to stay. Now that the account is suspended I have a mind to write to both the cra and Hillsden with a view to the file being removed.

 

If it's suspended they should not be 'processing' my data ?

[postggj]

If The Account Is Suspended And In Dispute

 

No Creditor, Be It The Original Or A Dca Should Be Processing Your Data

 

That Includes Entries With The Cra Or Collection Activities

[ejstowell]

Here are the images...

 

 

 

 

[ejstowell]

Edited November 3, 2009 by ejstowell

[postggj]

say goodby to the agreement

 

they have included the arrangement fee in the ammount of credit:D

wilson v fct

[ejstowell]

What does that mean?

[postggj]

well the debt exists but the dca cant enforce

 

tell dlc/hillesden to foxtrot Oscar

 

the arrangement fee has been included in the amount of credit, not the total amount of credit so you are paying interest on it

 

it needs to be kept separate as its a charge for credit

 

this is a no no

[ejstowell]

Great! How do I go about doing this? I called a company who are supposed to help with this and they want to charge me £1200! Obvioulsy I don't have this.

[Deb T]

Is there reference to that online somewhere? I ask because in the case of a mortgage they can add the arragnement fee to the mortgage, why would an arrangement fee for loan under a different name (other than mortgage )be any different?

 

 

 

well the debt exists but the dca cant enforce

 

tell dlc/hillesden to foxtrot Oscar

 

the arrangement fee has been included in the amount of credit, not the total amount of credit so you are paying interest on it

 

it needs to be kept separate as its a charge for credit

 

this is a no no

[postggj]

ill get the judgement now

 

remember

 

this judgement is only if the charge for credit has been included in the ammount of credit,

not the total ammount of credit

 

back in a mo

[postggj]

this gives the judgement in english

 

One Crown Office Row - Case

[Deb T]

I've gone all dizzy now, an interesting read if you can work through the babble but that was 2003, and given that mortgage deals are currently offering the 'arrangement fee' inclusive of the sum lent then it may be that the law has since been updated or a case precedent set?

 

Either that or all the mortgages with these arrangement fees contained with in them are unenforceable?

 

Thanks for that though, I've saved that link.

 

 

this gives the judgement in english

 

One Crown Office Row - Case

[ejstowell]

That's fab.

So, should I write to DLC stating that this is unenforcable, or do I wait upon a reply to my earlier letter. Sorry to use you as a crutch.

[postggj]

remember

 

this is for agreements covered by the cca

 

mortages are not as they are for agreements above 25000

 

in this case i would wait a few days for more comments but ejstowell

 

ITS YOUR LUCKY DAY

 

DLC CAN BOG OFF

[ejstowell]

Yay! How do i tell them this? Please help? Your letter the other was fab and was a lovely poke in the eye for them!

[postggj]

give me a few hours and ill post one up

[ejstowell]

tHANKS

[postggj]

your name

address

etc

etc

direct legal and collections

etc

etc

etc

 

date

 

your ref

 

 

I DO NOT ACKNOWLEDGE THIS DEBT TO YOU OR ANY OTHER COMPANY,

 

　

　

DEAR SIR/MADAM

 

FURTHER TO MY LETTER SENT TO YOU ON XYZ (COPY ENCLOSED) BY RECORDED DELIVERY

 

I MUST INFORM YOU THAT AFTER HAVING AN AUDIT DONE ON THE CREDIT AGREEMENT SENT TO MYSELF BY DLC, I MUST INFORM YOU THAT THE ALLEGED AGREEMENT IS IN FACT UNENFORCEABLE IN LAW FOR THE REASONS STATED.

 

THE RELEVANT CASE JUDGEMENT IS WILSON V FIRST COUNTY TRUST.

 

I CAN SUPPLY THE JUDGEMENT IF REQUIRED BUT A QUICK GOGGLE WILL GIVE YOU INSTANT RESULTS.

 

THAT CASE, AS WELL AS THIS AGREEMENT DEALS WITH APPLICATION/ARRANGEMENT FEES, BE IT THE AMOUNT OF CREDIT WAS MISSTATED.

 

THE AGREEMENT YOU SENT MYSELF CLEARLY STATES ARRANGEMENT FEE OF £100 ADDED TO THE AMOUNT OF CREDIT, THUS PAYING INTEREST ON THE ACCEPTANCE FEE.

 

THIS FEE IN FACT SHOULD BE INCLUDED IN THE TOTAL AMOUNT OF CREDIT WHICH THIS AGREEMENT SEEMS TO BE LACKING, IN FACT IT IS LACKING A HEADING AMOUNT OF CREDIT WHICH IN ITS SELF IS A PRESCRIBED TERM.

THAT ON ITS OWN, A COURT IS PROHIBITED FROM DOING AN ENFORCEMENT ORDER LET ALONE THE WILSON JUDGEMENT.

 

I REQUIRE A FINAL RESPONSE TO THIS MATTER FROM YOU AND THAT THIS ACCOUNT WILL NOW BE CLOSED AND RETURNED BACK TO YOUR CLIENT.

NOW THAT I HAVE INFORMED YOU ON THIS MATTER, ANY FUTURE THREATS OF COLLECTION AND COURT ACTION WILL BE REPORTED TO THE RELEVANT AUTHORITIES AS WELL AS A COURT IF REQUIRED.

 

I AWAIT YOUR RESPONSE

 

YOURS FAITHFULLY .

　

SEND RECORDED DELIVERY

Edited November 4, 2009 by postggj

[postggj]

And Ejetowell

 

You Were Going To Pay A Company 1200 Quid For That Info

 

Glad You Have Been Educated And Pass The Cag Word

 

When You Get The Surender Letter, Make A Small Donation To Cag To HelP Others

 

Does Not Matter If Its A Quid Or A Million,

It All Helps

[ejstowell]

I will indeed. Have the letter to send out ready tomorrow, so fingers crossed.

Thanks for all your help!

[ejstowell]

Argh! I had a letter today from Hillesden. Enclosed was an enlarged copy of the agreement I posted and a letter stating:

 

Thankyou for your letters dated November 2 and 4. (Referring to the request for info and the second letter regarding the charges)

Hillesden Securities Ltd are happy to rely on the enclosed documents in any future proceedings in relation to the construction of the agreement and legibility of the documents.

 

Please take this as our final reponse on this matter.

 

What do I do now?

[postggj]

Ill Do Another Letter For You To Send These Cretins

 

It Will Say

 

Put Up Or Shut Up And Take Me To Court Or Bog Off

 

Ill Quote The Addmin Of Justice Act And Protection Of Harrasment Act

 

Lets Call There Bluff