Hillesden "Your clients account is on hold" letter

[bcfc4ever]

Hi, Can someone help me?? I was approached by a Claims Management Company and they said they would challenge my MBNA Credit Card (taken out in 96) that I defaulted on in 2001. I have been paying DLC regulary every month since 2001. The balance has gone from £8k to £4k. I have increased payment evrry six months, but its got to the point that I cant afford it any more, Anyway long story short, I received a letter to day dated 20 October which was sent to the Claims Management Co and it has been forwarded to me. It says "Your clients account is on hold and all further action has been suspended in anticipation of receiving the documents required" The Claims Management Co arent answering the phone, iI think theyve stopped trading ( No surpirse there I guess) Ive read through the threads on here and I think that it means that DLC cannot demand payment or charges etc. However what is my next move? I cant see how they can come up with a copy of the agreement from 1996, but also I cant see how they will be preapared for this "on hold" period to last for much longer. Will they give the debt back to MBNA? Will it go to another DC? Ive paid a large amount amount off, would this mean they would write it off?? Im thinking that I need to write to Hillesden so that I dont have a problem. Any advice or suggestions would be apprecaited thanks

Edited December 7, 2009 by bcfc4ever

[Bazooka Boo]

Who are you referring to when you say you have been paying DLC every month since 2001?

Is it these guys?direct legal & collections | Expertly managing debt collection since 1992

 

Who is the Claims management company? How much were you paying them each month, it must be pennies if in 8 years you have only managed to half the debt:?

 

It sounds like you've been the unfortunate recipient of a big con, if you were approached by a claims management company, that you didn't ask for, then MBNA will have given your details to them in order for them to get money out of you.

 

If the Claims Management company claimed they would challenge you account, then they have done nothing of the sort if youv'e still been paying them!

 

IMO I would put an immediate stop to any payments to anyone until you are 100% certain who it is your supposed to be paying, how much the outstanding balance is, and whether they are legally entitled to collect your money, and most importantly, whether or not they have the agreement for this account.

[bcfc4ever]

I thought id done well to pay back £4000 in 8 years... divorce,job loss, etc etc etc....Obviously not!! Im hoping that Hillesden/DLC (yes youre right it is them)wont be able to produce the agreement for the account, because its an old agreeemnt. Also, theyve had their pound of flesh surely?? 50p in the £?? So whats the situation with Hillesden?DLC? I assume that I do nothing and cancel my payment to them and wait for them to either find the agreement or not?

[noogie]

hillesden have been sending us letters every three weeks since MAy saying account on hold.They wont admit they dont have it and they like telling fairy stories.

Preparing to take them to court to bring to an end

[bcfc4ever]

Ive been reading the threads and it seems theyre just chancers. Can you let me know how it goes taking them to court?? Has anyone else had success taking them to court?

[Bazooka Boo]

Who is this Claims Management Company you spoke about? Where do they fit into all of this?

 

Have you ever sent DLC a CCA request?

Has this Claims Management company done so?

 

More Info is needed on this, I'm struggling to understand it.

[bcfc4ever]

The Claims Mangement Company had an ad running about clearing Credit Card Debts. Theyre NOT a Debt Management Company- Ive been paying DLC directly each month, and havent used a Deby Management Firm. Ive been increasing the payment when I can afford it every 6 months. The Claims Management Co are getting the debt written off by the Defective Agreement Route, and they have sent DLC the CCA request. They have sent me the replies, which are the same as the ones posted by other people on here. From what I can work out, DLC never come up with the agreement, and appear to write every 21 days saying that "Your account is on hold and all further action has been suspended in anticipation of receiving the documents required" Ive seen two of these letters Oct and Nov because I insisted the Claims Management Co sent me copies of the correspondance It seems to me that while DLC are saying this the best thing I can do is to stop paying them until they produce something. After reading all the posts on here I think that I can deal with this now, and save myself having to pay the Claims Management Co. It seems that now DLC have said that the account is hold, Im in their cycle until they produce something, so I wondered what the next step is? DO I now send them the letter saying the account is in dispute, or do I wait for them? Surely it cant go on forever with them sending letters, but on the other hand theyve had £4k out of me

[Bazooka Boo]

OK I'm with you now:D

 

Did this claims management company charge you a fee at all for their 'lethargic' services?

Only curious as, if it has taken them four years to ask DLC for the agreement.....??

 

Anyhow, you are correct, as they cannot provide proof of the agreement, you can legally withhold payment 14 days after they have received your request.

So you can now stop paying them, and yes I think you are more than able to deal with this yourself, especially with the help off here.

 

So I'd kick the CMC into touch..thank you..

Once done then send DLC the account in dispute letter (recorded delivery) http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

PRINT your name DON'T SIGN.

 

So hold onto your cash, treat yourself to the money they would have had, and when/if they send you a credit agreement, post it up here and people can advise as to it's enforceability or not.

 

Boo;)

[bcfc4ever]

Hi Bazooka Boo!! Thanks for that. Ive just written to DLC and instructed them to copy me in on all correspondance they send to the Claims Management Company (Yes I printed my signature, didnt sign it-I dont trust these people at DLC one bit) Im going to kick the Claims Management Co into touch. I have just cancelled the Payment to DLC for December ( Which goes out on 20th) I guess DLC maybe tempted to kick off in January, which will be fun when I tell them theyve committed an offenceby demanding payment. My plan is to send the account in dispute letter first week of Jan to give myself a good start to the New Year

 

If they do send the credit agreement I will post it.

 

One question though? I cant believe that DLC will be prepared to sit back and just send me a letter every 21 days? They will want to have a go wont they, and theyre bound to send me a dodgy copy of my agreement?

 

Really appreciate your help

[Bazooka Boo]

To be honest all the time they are receing payments from you whilst not having supplied you with a copy of your agreement, just means they haven't really got to do anything because their still being paid whilst the account is technically in dispute, stopping payments will normally kick start them into action, and focus their energies on either producing the 'enforceable' agreement, or some other dross that they believe is enforceable.

 

Account in dispute, stop payments, (more beer tokens:D) and await their expected deforestation of threats!

[bcfc4ever]

Thanks for that. I will post a copy of the agreement if they ever manage to produce one-even if they do it will make interesting reading

[veryweary]

 

One question though? I cant believe that DLC will be prepared to sit back and just send me a letter every 21 days? They will want to have a go wont they, and theyre bound to send me a dodgy copy of my agreement?

 

 

My OH has been receiving the 'account on hold' letter every 3 weeks for 15 months now from Hillesden during which time no payments have been made.

[bcfc4ever]

Hi, just thought Id update you. No agreement still form Hillesden. No payments made since December. Theyve just sent the " we'll get back to you letter" I'll let you know how things progress

[noogie]

Hi I have read the posts and I in fact posted oner earlier.

My concern is that they have a chat=rge on my home and they have been sending the account on hold letters since MAy. How long can this go on. I cant sell my housebecause I wont let them have money from the sale because there is no agreement. CAtch 22 any ideas, The latest they came up with was if we can prove you have ud=sed the account then a court will enforce. I have told them thats twaddle. Any ideas or coments please

[postggj]

Noogie

 

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[Bazooka Boo]

Hi, just thought Id update you. No agreement still form Hillesden. No payments made since December. Theyve just sent the " we'll get back to you letter" I'll let you know how things progress

 

OH well! They'll have to hunt pretty hard for it if they want paying!