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Shazza50

Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing

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I have started this new thread as the DCA has now changed from BCW to 1st Credit.

I am doing this on behalf of my hubby as he is no good on computers.

 

Just to put you in the picture, in Dec BCW first contacted me regarding a debt that I owe, within weeks they sent a letter to hubby regarding his cc account,

sent a cca request and never heard another peep.

 

A few weeks ago he received a letter from his cc company to let him know his account had been assigned to 1st Credit, (they never sent any letter when BCW tried it on), then a letter arrived from 1st Credit wanting payment in full.

 

I sent the 'Account in Dispute' letter to 1st Credit, as yet they haven't responded to that.

 

Today he has received a letter from LCS solicitors stating the usual 'pay up in full within 14days or else' etc.

 

Is there a letter that I can write to them or do I just remind them that the account is still in dispute?

 

Does the fact that when BCW tried it on it wasn't officially the cc company that had asked them to come and get it make a difference to it being in dispute?

 

Shazza

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Hi Shazza,

 

You can try this letter if you haven't already done so.

 

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 2008.

 

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. 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

 

Remember, print your name, don't sign.

 

Of course you will need to edit it to as per your requirements.


Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Thanks Hobbie, that is the letter that I have already sent to them. They haven't yet replied to it, just sent the solicitors letter.

 

Shazza

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Shazza,

 

Then in that case you have ...

 

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.


Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Now I'm worried, I didn't think I would have to be taking legal action:eek:. I'd hoped they would just go away like BCW did. So where do I go from here, report them to TS and OFT etc? Do I write and let them know?

 

Shazza

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Report them to the OFT and TS, its nothing to be worried about.


Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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You could also use the following letter as LCS Solicitors are 1st Credits in house team of legal sort of people ( I refuse to call them solicitors despite what they may call themselves)

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

Hope it helps


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The CCA request was to BCW, does this make any difference?

 

Shazza

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Before I send the letter to LCS solicitors can somebody answer my question above. Also, the cc company didn't inform us about BCW taking over the debt, but they did about 1st Credit so will that make any difference?

 

shazza

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BCW had a legal obligation to pass your request for your CCA to the original creditor.

 

As the alleged debt has now been passed to 1st credit they are still under it's timescales and they know it.

 

Do you have proof of posting and any reply regarding your CCA request to BCW? If you do, send 1st credit this and remind them that the account is still in dispute re: non-compliance of CCA request. The original creditor should not have passed this account to another DCA while it was in dispute either.

 

Report them all to Trading Standards.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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BCW didn't even acknowledge the cca request, they just disappeared. All I have is a copy of the cca request that I sent to them and the proof of posting. I think that BCW were trying it on without the cc companys knowledge as they went after me first for my cc. So hubbys cc company are probably not aware of this cca request, if this is so, where does that leave him regarding 1st credit.

 

Shazza

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I'm out of my depth here but I'd be inclined to write to the original creditor informing them of BCWs actions enclosing copies of your CCA request and proof of posting.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I think I'm going to need some more advice here please. I don't want to do anything that will make me look stupid. I still have BCW letters that they sent hubby as proof that they tried it on.

 

Shazza

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PM a site helper.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Actually, I have just got the letter out that BCW sent , and it does actually say 'we have received instructions from our above named clients to initiate formal debt collection proceedings' and it names the cc company.

 

Shazza

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Well that's a good start...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Well, back in early May I sent a letter off to 1st credit telling them that the account was in dispute with BCW, I also sent copies of the letter from BCW and the request to BCW for the cca. All went quiet.

 

Today hubby has received a letter from 1st Credit informing him that his case has been passed onto the pre legal team. It threatens ccj, possible charging order or bankruptcy.

 

So where do we go from here?

Do we have to now request the cca again but from 1st Credit or are they trying it on?

 

When I report them to TS, is it one in their area or mine and what do I say?

 

Shazza

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As the account is now in serious dispute due to non compliance of your CCA request, report all of them including the OC to your own local TS and theirs.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Let me get this right before I start reporting these idiots. I sent cca request to BCW back in Jan, heard nothing, so its still in dispute,yes? 1st Credit are now chasing the debt, they have been informed its in dispute but have ignored that. I don't have to request the cca from 1st Credit as it is still in dispute with BCW. Have I got this right?

 

Shazza

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Thats right :)


Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Either 1st Credit have given up or I now have two dca's chasing the one debt.

 

Today I have received a letter from Moorcroft Debt Recovery, pre court division.

 

It begins with, "It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. This letter fulfils this requirement even if it is not actually read by you."

 

I have until 12 July to contact them.

 

Should I send them a letter stating that the account is still in serious dispute with BCW?

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Just bumping this up as if I need to send them a letter I want to do it asap.

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My daughter is going down a similar road with regard to BCW, 1st Credit and Moorcroft. I've just written to Moorcroft and enclosed copies of correspondence and advised them that should they continue with their "threatograms" they will be reported to OFT and Tradining Standards. This was about six weeks ago, silence since.

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Thanks for that, I will get the letter sorted now.

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oops, just as well I didn't write that letter yet as the letter from Moorcroft was for me not hubby:o.

 

I only realised today as he has received another letter from 1st Credit.

 

Apparently, they have obtained office copy entries from land registry and note that he owns/jointly owns the freehold/leasehold interest in the property (so which is it, owns or jointly owns? They don't seem sure:confused:, but I am;)).

 

So now we have threats of ccj ,charging order and order of sale of the property.

 

Exactly what part of 'account in serious dispute with BCW' do they not understand?

 

They are like a dog with a bone.

 

Any straight to the point letters about that I can send to them?

 

Shazza

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