Hillesden Securities letter ( Urgent Help Required)

[Gum]

Hello Everyone, I will appreciate your urgent assistance in the following matter. I had a credit card with MBNA and had an agreement with them, after six months MBNA had sold the debt to Hillesden Securities. When Hillesden Securities wrote to me I immediately advised the that I do not acknowledge any debt to them and send £1.00 postal order and requested a CCA, they acknowledged and said they were contacting MBNA and the account was on hold. For about three months they sent me letters every month advising they are still in communication with MBNA. At the beginning of November they sent me the MBNA signature form like most that were on this site and I wrote back advising that this is not the correct credit agreement and it was only a signature form and I do not acknowledge the debt to Hillesden, I wrote to them twice and now received a letter on Saturday advising that in their opinion it is a proper credit agreement and if I am not happy they have sent a small booklet advising that I can make a compliant to the financial ombudsman if I wish to. Please advise me a letter format I should send to the financial ombudsman because ever since Hillesden purchased the debt I have not paid them anything because they have not the correct CCA. I will greatly appreciate your help. This site and people in it has given me lot of courage to take banks on.. Many thanks..Gum

[dx100uk]

ignore them,

they have failed the CCA test.

 

simples

 

 

dx

[teaboy2]

did you recieve a default notice giving you 14 days to remedy the default before they terminated they account? if so, can you post it up on here minus your account and personal details? was it was posted 1st class or 2nd class to you? MBNA are well known for invalid defaults where they failed to allow you the 14 days to remedy. If not then when they sold the account is an act of termination of account and without a valid default notice they have committed an act of unlawful termination which they are liable to pay damages of upto £1000 if you took them to court. Also was any notice of assignment sent? also they can not terminate or sell the account with out first issuing a valid default notice to you and allowing you the 14 days to remedy prior to termination or selling of account

 

i myself had an invalid default notice wich i did not have the full 14 days and where they also sold the account on prior to myself actually receiving the defualt notice.

[Bazooka Boo]

Agh, the wonderful Hillesdon Securities Ltd, or their real name Direct Legal and Collections.

 

There isn't any real template letter to send the FOS, as each case is different, I would just write to them stating exactly the series of events that has now led you to make a formal complaint about HS/DLC to the FOS.

And send them copies, not the originals, of any correspondence you had from them along with your responses.

[Gum]

did you recieve a default notice giving you 14 days to remedy the default before they terminated they account? if so, can you post it up on here minus your account and personal details? was it was posted 1st class or 2nd class to you? MBNA are well known for invalid defaults where they failed to allow you the 14 days to remedy. If not then when they sold the account is an act of termination of account and without a valid default notice they have committed an act of unlawful termination which they are liable to pay damages of upto £1000 if you took them to court. Also was any notice of assignment sent? also they can not terminate or sell the account with out first issuing a valid default notice to you and allowing you the 14 days to remedy prior to termination or selling of account

 

i myself had an invalid default notice wich i did not have the full 14 days and where they also sold the account on prior to myself actually receiving the defualt notice.

 

Hi There, I am attaching the default notice for your reference..Thanks for your help

Cag 1.pdf

Cag 2.pdf

[Bazooka Boo]

Perfect example of a faulty DN and extremely poor use of the English language and grammar!

 

It has no dates stating how much and by when, you can/should take any action to rectify the breach..but don't tell them this.

[teaboy2]

thats not a valid defualt notice, as it contains no details as to the breach under and what section of the consumer credit act its refers to. Nor does it give you a specific date to remedy the breach by. heres an example of what it should look like

 

 

however thatr notice was invalid due to asking for full amount and not the arrears where a DN can only ask for arrears. Also it was invalid because it was sent secound class post in which 4 workings after date of posting most be allowed before being deemed to have been served. where as i recieved it on the 18th and had to remedy on or before the date of the 29th, leaving me with just 10days out of the 14 days i am legally entitled too to pay. but then they sold the account on the 17th the day before i even recieved it so i didnt get any of the 14 days to pay. useless twits they are lol.

 

going by the default notice they sent you its safe to say its invaild therefore they unlawfully terminated your account, if hillesden have bought it

Edited November 22, 2009 by teaboy2

[Gum]

thats not a valid defualt notice, as it contains no details as to the breach under and what section of the consumer credit act its refers to. Nor does it give you a specific date to remedy the breach by. heres an example of what it should look like

 

 

however thatr notice was invalid due to asking for full amount and not the arrears where a DN can only ask for arrears. Also it was invalid because it was sent secound class post in which 4 workings after date of posting most be allowed before being deemed to have been served. where as i recieved it on the 18th and had to remedy on or before the date of the 29th, leaving me with just 10days out of the 14 days i am legally entitled too to pay. but then they sold the account on the 17th the day before i even recieved it so i didnt get any of the 14 days to pay. useless twits they are lol.

 

going by the default notice they sent you its safe to say its invaild therefore they unlawfully terminated your account, if hillesden have bought it

 

Thanks very much for the information. Do you think I should write to Hillsden or should I just ignore and allow them to take any action they wish I have not acknowledged any debt to Hillsden from day one neither have I paid them

[postggj]

You Need To Find Out If Dlc Are Collecting On Behalf Of Mbna Or They Own The Account Outright

 

If Its Been Assigned On The Strength Of That Letter

 

God Help Them

 

They Are Screwed

 

Big Time

[Pinky69]

Hillsden will write to you frequently - just ignore them. They have no agreement and couldn't take further action if they wanted to and they know it.

[Gum]

Hillsden will write to you frequently - just ignore them. They have no agreement and couldn't take further action if they wanted to and they know it.

 

Thanks Pinky69, Much appreciated. You sound like a top confident lawyer!

[Gum]

MBNA had written to me in July 2009 advising that they will be selling the debt to DLC/ Hillsden so MBNA has nothing to do with it I guess now.

[Pinky69]

All the better. Read it and weep, Hillsden.

[teaboy2]

MBNA have unlawfully terminated your agreement if they sold it, which sounds like they have. so your in same boat as me, we both had our agreements unlawfully terminated and theres **** all they can do to enforce it now.

 

just ignore them and write to OFT and FOS to complain about them

[Gum]

Thanks Teaboy2 we should keep in close contact and see how things develop for both of us... Good luck

[teaboy2]

absolutely, ill post updates on this thread to let you know whats happening with my case. at the moment its being investigated by the FOS, but i made sure i informed then what i would get in damages of upto £1000 if i went to court over it (just so they have an idea of what kind of compensation i want lol), so fingers cross i dont have do wait long. So sooner you get the complaint in with the FOS or see a solicitor about possibly taking them to court the better.

[F_DCAs]

Yep, MBNA fumble the ball again - they never learn, do they? Purely for the sake of antagonsing MBNA, if you ever feel the need to write to them again, try and mention the Thorius case somewhere in the letter.

 

As for Hillesden - stick to chicken farming, and stick to exhibiting the same level of pleasantness as what's normally found at the bottom of one of their cages, that's all I can say. Cluck cluck...

[Gum]

Thanks and wish you good luck with your matter and I will look forward to reading your comments soon. Take care