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starling

disputed claim passed on

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I today received a letter from DLC regarding a disputed claim from Sainsburys bank. I requested a CCA from Iqor who were the DCA at the time and received a copy of an aplication form. I then heard no more from them. The letter today says they have taken over the collection of the alleged debt from HBOS and the debt is now owned by Hillesden Securities LTD trading as DLC.

 

The usual bumph about having 30 days to pay or else etc.

 

Where HBOS come into it I don't know. What should I do?

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send them the "bemused" letter as the debt is still in dispute and shouldn't have been sold/transferred


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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Is there a template for this letter or do I just compose something myself?

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Hi,

 

Amend this...........

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2009.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

Regards.

 

Scott.

  • Haha 1

 
 

Any advice I give is honest and in good faith.:)

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Is there a template for this letter or do I just compose something myself?

 

Devo beat me to it, send the above..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Me again. :grin:

 

I sent the above letter ( the one in the post above this one) to Hilsden Securites and they have sent me a letter dated 25th 09 saying they have suspended the account and requested the CCA from the origional creditor.

But with it they have sent all my statements from 14th of July 2003. In those statments there are charges for "credit care insurance" stated as being 69p per £100 nd there are all sorts of other charges like overlimit fees, late payment fees and interest. It makes interesting reading. The last payment I made we contacted them to say we wanted to make arrangements to pay and interest stopped being added shows I paid £50, but the interest was £51.21 and the over limit fee was £21. So I wasn't even covering the interest yet they still pilled on more fees.

 

The last "credit care" payment they took was on 15 09 2005 and was £29.70. Am I right in assuming I can claim some of these fees back and if so which ones?

 

Just one more question. Was HBOS the bank that Sainsbury used?

Edited by starling

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Any charge applied to an account should be a. stated in the terms and conditions of the agreement, if it isn't there then they can';t charge it

and any charge applied ie late payment, overdraft charge etc should be in line with what it actually costs them.

 

If they charge you say £30 for exceeding your overdraft, then they would need to prove that it costs them £30 every time you go overdrawn.

 

If the charges applied to your account don't fall into the aforementioned criteria, then they are unlawful and should be reclaimed, in the case of ppi, if you didn't know what it was, then it's unlikely to be legitimate and should be reclaimed


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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How much is considered to be a reasonable amount?The last payment before we contacted them and interest etc was stopped was as follows.Overlimit fee £25Late fee £25Credit care £27.16interest £45.41As for the PPI I was never working as I am disabled and the ppi should never have been added as it is, as I understand, to cover you for unemployment.Where do I find the terms and conditions if I don't have a CCA?

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How much is considered to be a reasonable amount?The last payment before we contacted them and interest etc was stopped was as follows.Overlimit fee £25Late fee £25Credit care £27.16interest £45.41As for the PPI I was never working as I am disabled and the ppi should never have been added as it is, as I understand, to cover you for unemployment.Where do I find the terms and conditions if I don't have a CCA?

 

It doesn't matter whether the fees are considered to be "reasonable" or not, it's down to whether they can prove that the charge is representative of their cost, the costs that you have stated are most definately over the top by anyones standards and shold be reclaimed.

 

as for the Terms and Condisions of the account, you should be requesting the CCA at your earliest opportunity, usual CAG advice applies, ie. no phone calls, everything in writing, sign nothing and make sure you send everything recorded (registered is better) get proof of postage and delivery. at the very least this will prove if they have a legal right to collect against the debt.

 

If you are confident that the PPI shouldn't have been applied and/or it has been missold, then you should begin action to reclaim it.

 

The CCA letter and the process for reclaiming charges and PPI are elsewhere (in the templates library) in this forum, take a little time to browse the other threads on this and you will find that the process is quite straightforward.

 

I have just reclaimed nearly £500 from Halifax and it took me 2only 2 letters to do so, other institutions might not roll over as easilly, but they all know thast they have to repay the money, so will bottle it long before it gets to court


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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If you get an enforceable agreement, maybe you could claim on the ppi?

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I requested the CCA, too long ago to remember. They have since passed the debt to 2 other companies and the company I am dealing with now, is called Hillsden securities, who have suspended the accout until HBOS find the CCA and it is Hillsden who have sent the statments.

The late fees and the over limit fees alone add up to £325. I haven't added up the credit care or interest yet and the are also a couple of payments called "card protection" of £18.

 

I will find out how to claim them back and get on to it.

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Added up all the charges and it comes to over £1700. That's a nice sum. I'm off to find out how to claim it back.

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Hilsden sucurties are just not getting it. They have sent me a copy of an aplication form, the same one Iqor sent, along with an indept copy of a credit card agreement printed on A4 paper.

There is no sign of a sig on the printout.

 

The thing is this was already in dispute with iqor so they have ignored the latter I sent "account in dispute". They say my account will be restarted on a date I can't remember offhand. What should I do next?

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Did DLC specifically say they had bought the account? If so, did you receive a Default Notice from the original creditor before the OC sold the account? If they sold the account without issuing you with a DN, the account was unlawfully rescinded at the point of sale, which means 2 things 1) DLC have no right to be asking you for money for a rescinded account as they have no lawful right to be processing your personal data and 2) the OC could only ask you for any arrears up to the time the account was sold but they would have a hard time doing that as they no longer own the account. DLC are plonkers and keep purchasing accounts without the correct legal paperwork.

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I am sorry dut I don't really understand. Who are the DLC?

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I am sorry dut I don't really understand. Who are the DLC?

 

 

Hillesden Securities LTD trading as DLC.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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It was you who said you have received a letter from DLC! They are the collecting arm of Hillesden.:rolleyes:

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Ohhh, sorry about that. Things are all begining to blur at the edges and run into one big mess.

 

Right What does a default notice look like? I've had many letters saying pay up or else, but not sure if that is a default notice.

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No - a Default Notice is not a letter asking for money. A DN is a Notice served under Section 87 (1) of the Consumer Credit Act 1974 (or 2006) and has that as a heading. It gives you (or should give you) 14 days to remedy the alleged breach of the agreement by paying the arrears (stating the sum of arrears) then tells you what the creditor will do if you do not remedy the breach.

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Nope don't recall one of those, had a look through and can't find one either.

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