Hillesden Security Services CCA Request.

[rufftuffcluff]

Hi, I had a loan from Halifax, couldnt make the payments, they sold the debt on, I was contacted by Direct Legal & Collections and have made monthly payments to them through a debt management company. Got an annual statement from DLC which showed that Hillesden Securities are the creditor. I sent Hillesden a request for copy of original agreement on 9th December special delivery which they received on 10th December. The 12 days are up and no reply. Should I stop payments through Debt management company or carry on and wait to see if they go past the 30 days?

[maroondevo52]

Hi,

 

The 30 day bit no longer applies, I'll start a new thread for you.

 

Regards.

 

Scott.

[Huff&Puff]

Write to them to tell them that the alleged debt is formally in dispute, and then you can stop paying them.

[Bazooka Boo]

I doubt very much if the DMC will allow you to stop paying them, regardless that they are in default of your request.

 

If the DMC doesn't allow you to stop payments, then the only way to do so will be to pull the plug on them, are you using a free DMC or one of these who charges you for their 'services'??

[rufftuffcluff]

DMC is Chiltern, Altrincham, Cheshire and yes they take a cut of the monthly payment.

[Huff&Puff]

Dump the DMC too then. Chances are that very little of your payments was ever going towards the alleged debt in any case

[Undercover-Elsa]

Hi RTC ,

You can legally withhold payment now until they produce a copy of the agreement, if you so wish. Be aware though that quite often now they are coming up with reconstituted versions of the agreement, without your signature, which, technically, they can do.

We'll cross that bridge when we come to it though

How much are you paying via the DMP, and what percentage goes to them?

As mentioned above, DMP's don't get involved in CCA requests, and won't suspend payment in that respect, as far as I'm aware.

If you do intend to withhold payment, you'd probably need to cancel the DMP agreement. If they then come up with a viable credit agreement, as they know you now know your rights, you might ultimately get a better deal. If they don't have one, we'll advise on the next step.

If all else fails, you can always then set up another payment scheme with either Payplan or CCCS, who don't take a cut.

Let us know if you intend to ditch your current DMP and withhold payment, and we'll come up with a suitable letter for you.

All the best,

Elsa xx

[rufftuffcluff]

Hi, Hillesden gets £36.28 a month, DMP take £14 a month. At this stage would it be better for me to write to Hillesden and tell them that they are in default now due to not fulfilling my request, keep payments going and see what they do. I t just grieves me that they bought the debt for about £2000 and immediately bounced it up to over £10000. Incidentally I have never received letters of assignment of the debt, I was under the impression that Direct Legal and Collections were collecting on behalf of the Halifax. They are in fact Hillesden under another name. I only became aware of Hillesdens involvement when I got an annual statement from Direct Legal & Collections in October 2009. Its like the secret service.

[UnitedFront]

I have nothing to add on top of the top-notch advice already given....... except this:

 

CHRIST!!! I'd be dumping that DMC faster than I'd drop hot coal!!! With the help and advice on this forum, you can manage your own affairs far better and get yourself far better deals than you will get through some money-making company.... of that I am sure!!

 

But obviously that is just an opinion. And I won't make out that at times the road ahead is tricky and challenging.... because it is.... but one thing is for sure; you will always get top-notch advice on these forums from people who care and have been where you are.

 

Ultimately, the choice is yours.

 

All the best.

Cheers.

UF

[debt4get]

Hi, Hillesden gets £36.28 a month, DMP take £14 a month. At this stage would it be better for me to write to Hillesden and tell them that they are in default now due to not fulfilling my request, keep payments going and see what they do. I t just grieves me that they bought the debt for about £2000 and immediately bounced it up to over £10000. Incidentally I have never received letters of assignment of the debt, I was under the impression that Direct Legal and Collections were collecting on behalf of the Halifax. They are in fact Hillesden under another name. I only became aware of Hillesdens involvement when I got an annual statement from Direct Legal & Collections in October 2009. Its like the secret service.

i did read this correctly the dca have taken a 2 grand debt and you now owe them 10 grand??/ personally I wouldnt pay em another penny...they have no authority, and certainly none that says they can increase the original debt

[rufftuffcluff]

Hi, No, they bought the debt from Halifax for about a quarter of the debt which would have been about £8000. But they then stick loads back onto the approximately £2000 to make about 400% for themselves over the next 22 years when I will be 96. Old git or what!

[rufftuffcluff]

Hi Elsa, Sorry no contact for a while due to age and disability (75 this month and damaged spinal cord) unfortunately I havent been able to pursue matters yet. I have to date received 6 monthly letters from Hillesden Securities saying that they are still pursuing a copy of the original agreement from their client HBOS and will provide it when it becomes available. From what I read the next step would be a letter to them saying that they are in default. Can you confirm this for me and indicate what the outcome could be and what my next step would be. Sorry to seem so helpless but as I say age is taking over. Regards Ruff.

[debt4get]

nope until they supply you with a copy of the agreement..they are in default and not you...your next step is to send account in dispute letter to them...

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[debt4get]

have you also ditched that money squandering dmp yet? cos the sooner you do the sooner you will have a bit more money in your pocket every week...you can deal with this easily yourself with the help and advice available on here..not paying some company to keep you in debt

[ashmk]

Call the debt management company and fire them, tell them you have taken advice from the consumer action group and no longer require their services.

 

As for DLC/Hillesden (which are the same company)you can stop paying them now. The will continue to send the '21 days' letters.

 

Remember we are here for you for free so you do not need to be paying this outfit £14 a month for something you can do yourself.

[rufftuffcluff]

Many thanks friends, I will copy the letter and send it Hillesden and await their response. I will also sack the DMC who have recently increased their cut of the payment to £30 a month.

I will return with updated info when when available. Again many thanks Ruff

[summerbreeze]

I will also sack the DMC who have recently increased their cut of the payment to £30 a month.

 

Despicable ! and they profess to be ' helping ' you .....

 

Get rid pronto

[debt4get]

unbelievable...do not pay them another penny...cancel any debits going out to this dmp and tell them to sling their hook..helping??? all they are doing is adding to your debts

[rufftuffcluff]

Hi again. Its the next day and I have sent the default notice letter as above to Hillesden Securities by recorded delivery. Thanks to debt4get. Tomorrow I contact the DMC and send them on their way. I hope I can do the job. Will tell you what transpires. Again many thanks. Ruff.

[Bazooka Boo]

Of course you'll be able to do the Job, and you'll realise just how simple it is, and why people ever pay these DMC's for doing the job.

[rufftuffcluff]

Spoke to DMC yesterday, asked for the latest details that my payments were based on and noticed some of my monthly spends were not included. The advisor said that they were not included because they dont deal with monthly payments of less than £80. So when a monthly payment figure of £80 was reached they didnt include any more of my monthly spends to offset against their figure because it would have reduced my monthly payments to less than £80. That disgusts me, its about their income and not about what I can afford to pay. Good riddance.

[Bazooka Boo]

What utter morons....????? It just defies belief? Write to your Local MP about this shower and see if they can get their credit licence removed..Bloody mammaries.

[ashmk]

Bunch of morons, I don't know who is worse, the DCA's or the DMC's. They are all bloodsucking parasites!