DLC threat to Stat Demand me HELP!

[Acydman]

Hi

 

I have been paying DLC for an old debt for 8+ year now. I moved house and lost their details on the move but still paid them.

 

The wrote a few weeks ago at my new address threatening to take to court to get a charging order only for security due the length of time it would take to repay the debt. I ignored it as a scare tatic.

 

Yester day I get the following:

 

We intend to serve a Statutory Demand under the Insolvency Acy and if served you can be made bankrupt if you do not pay the amount due immediately

 

I am paying this every month and I have done for years without fail. I dont want to dodge any debt, but these guys deserve evertyhing they get now!

 

The debt was originally a First National Debt I think, which was passed to Hillesden Securities then DLC.

 

What tatics can I use to get these off my back.

 

I seriously doubt they will have the original credit agreement as it must be 10 years old now.

 

I have never ducked paying my debts I got in a mess 8 years ago. But I think they deserve both barrels especially as I am paying them!!

 

Any help is greatly appreciated.

[MARTIN3030]

What was the debt for ?

Hillesden and DLC are same group.

When was it passed to them ?

What was original debt and how much is owed ?

[Acydman]

I can't remember what the original debt is for, its about £3800.

[gezwee]

This ones quite a good thread for a read on SD's

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/219589-mbna-trying-make-me.html

[MARTIN3030]

Ok theres a couple of ways to go-although I have had tussles with DLC I dont want to advise without knowing more.

Its important to know what the original debt was for.

Limitation on the debt insofar as their rights to continue collection look like being within the law if you have agreed a repayment plan or been paying.

However there is always the possibility that you could rely on section 32c of the limitation act,in that you were making the repayments out of a mistaken belief that they were legitimately owed...and would not have been making the repayments if you had known you did not have to.

Thats why I asked about the original debt/alleged debt.

 

Yes you could send a CCA request,but I would also consider a SAR.

In fact if they are threatening legal action,then there are other steps that you can take.

Will refer to team collegues for an opinion.

[Acydman]

if its first national as I expect it is it will be for a store card I took out or a home improvement loan.

[MARTIN3030]

First national has been part of GE Money since 2005

[42man]

First thing to do is send off a request for the agreement ASAP - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter Send with a postal order for £1 - and send recorded, they have 12+2 working days from when you send it to produce your agreement, if they fail to do this in that timescale then the debt is unenforceable whilst they are in default...!

[Acydman]

Sent request for Agreement on the 7th Nov, they got it on the 9th and I got another letter from then stating they nno longer accept what I am paying them and they intend to take me to court to seek security after they gain a CCJ!

 

The letter was hand signed (all others looked scanned).

 

Do you think its a response to the Agreement Letter I sent and should I be concerned they will get a CCJ claim in before the 12+2?

[42man]

IMO, highly unlikely, even after the 12+2 days it has still been known for DCA's to issue Court Claims....

[Acydman]

Ok got a response from the "Data Controller" at Hillesdan Securities dated four days after I know the letter was signed for.

 

They want to come back within 21 days but said they will either produce a true copy of the signed agreement or a copy of the agreement which satisfies their requires under the CCA letter I sent them.

 

I thought they had to prove one I signed an agreement and two they have the right to collect the debt?

[bazaar]

They can and will send you a copy, that sorta kinda absolves them under the CCA.

BUT, if they want to go to court, you'll be asking for sight of the original executed docs.

This is where they will most likely fail.

They are obviously trying to put the frighteners on you.

[Acydman]

Its now one month since they got my letter, so they are outside of the the 12+2 working days.

 

Do I serve them with a Default Notice now or do nothing and stop paying them? I have maintained the payments just in case, especially after reading about the McGuffick unenforceble case where the judge ruled in favour of RBS continuing to chase.

[bazaar]

yep, default them, keep an eye on the timing they receive it, then stop payment until they produce

[Acydman]

So send them defaul notice now? and wait 28 days then stop paying them? I am also considering claiming my money back from them as if they cannot produce the contract then no proof and i have been paying money to who has defrauded me.

 

Is this correct?

[Acydman]

Got another letter saying they are following up with Original Lender and will come back to me in another 21 days.

 

Anyone got advice on how to proceed with this? Do I now stop paying and send them default notice?

[bazaar]

Got another letter saying they are following up with Original Lender and will come back to me in another 21 days.

 

Anyone got advice on how to proceed with this? Do I now stop paying and send them default notice?

 

If they have defaulted on your CCA request, then you are entitled to stop payments until they comply.

So Tell them they have defaulted and until such time they comply, no further payments will be made. Give them time to receive THEN stop payments

[postggj]

Send By Recorded Delievery

 

Seems They Dont Have An Agreement

 

Shame

[Acydman]

Hello - update

 

I sent them a CPA letter and they sent a raft of information and then after a McGuffick letter, went back to we'll update you every 21 days.

 

Today I got this letter can anyone give me some guidance on how and who to repsond to know please?

 

They still have not provided me with any credit agreement yet.

MDB2 1.pdf

[Acydman]

Bounce? any one help?

[summerbreeze]

MDB is another desk at DLC's offices

[Acydman]

Yes picked that up from the envelope as it was in the same ones from DLC, googled and found references to them on here and other forums.

[Acydman]

Over a year later and after a few letters from MDB I now come back from holiday with an agressive set of letters from Ruthbridge threatening Bankruptcy,do i start the ball rolling with these guys again asking for copy of agreement etc etc?