DLC Threat to take my property

[SpeckledHen]

Hi All

Latest in my two year battle with hbos; DLC have bought the debt for a loan which i defaulted on due to divorce matters.Managed to shed 3 debt collectors so far with requests for credit agreements, SAR etc. This worries me though as it's a new tactic threatening my home.Please read attached letter and advise as im woried!

dlc1.zip

[sam tyler]

it`s not as easy as that. the way i understand it, first of all IF they got a judgement against you in court, you would be ordered to make payments at a set amount, IF you then fail to maintain these, they can then apply for a charging order not before.

[dcakiller]

if you have made a cca request before just send them the bemused letter as the debt should not be passed on while the request is outstanding nor can any legal or collection action.

[surprise]

I notice that this is signed for Citicards but you say its for a loan for HBOS. I'm confused as to why DLC would sign it on behalf of Citicards for HBOS loan. Are you sure its for the same debt? This sounds as if it is related to a credit card, if so, have you applied for a signed agreement?

[SpeckledHen]

For the record, i did get a photo copied / printed pile of junk from the last dca chasing this, but all went quiet for the last year as it seemed they had given up.I explained to them the account was in dispute so i agree, but is time now sufficient to allow dlc to take over.More objectively, i need a tack quickly to challenge this latest bunch of cronies!

[SpeckledHen]

Hi surprise, yes i am confused too. The original loan was via AA finance, but provided by hbos who i guess provide the service to AA. I would contact DLC but wanted peoples thoughts first.

[dcakiller]

if the cca request was not completed then it stays in dispute utill it is so dlc have no right to this debt and should pass it back. I have had this when I sent the bemused letter they dropped it like a very hot brick and sent it back to the oc. ps hi to the guests/trolls

[surprise]

I would write to them and thank them for their threatogram as far as you are concerned the request for a signed agreement was not fulfilled by the original creditor. Until such time that this is provided the alleged account is in dispute.

 

Just leave it at that and see what they come back.

 

I can see Hillsden is mentioned, again this is all part of Citi. I know you've blocked out personal information but does the information actually tie up with the original AA Loan.

[dcakiller]

here is the bemused letter. and the next letter you get of dlc will probably tell you they have closed and retured your file.

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest 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.

 

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

 

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 Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings 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 do not sign

[Huff&Puff]

And report them to Trading Standards and the OFT. They should not be using threats of charging orders like that, especially for a debt that is in dispute and for which they don't have the paperwork to carry out those threats. It's just plain blackmail really

[lilly white]

ok do we have a cca or not

[sosumi]

DLC ARE HILLESDEN!

DLC love to refer to Hillesden, and Hillesden love to pretend to be acting for 'originating' banks.

They sent me a very similar letter 3 years ago. It disturbed me to the point that I wrote directly to the Land Registry for further info. The Land Registry wrote back to say that they had no formal recorded search, but anyone can pay a few pounds to search a property with the Land Registry - that was the case then.

This is head-monster territory. They are messing with your mind. If they scare you enough you'll phone them.

WHY IS WHY YOU MUSTN'T PHONE THEM - ever.

CCA request them directly, by Special Delivery IMO.

[SpeckledHen]

I have been sent a dubious copy of the CCA, the dates appear wrong and although my signature is correct it all looks way too 'clean' for a photocopy.Having had this, i sent a SAR to Equidebt, the last Collector chasing this account.They duly returned this late; i have not heard from them since. DLC obviously feel they have a case. I think i cannot send the advised letter from above as i have had the cca, any ideas now?

[sosumi]

DLC are chancers of the highest order. I wouldn't send them a 'bemused' letter - you want legal proof of their right to collect a debt which they claim is yours. Do not give them an inch. CCA and one pound postal order.

[sosumi]

See Lookingforinfo's post here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240353-1st-credits-interpretation-enforcement.html#post2677030

[lookinforinfo]

Bloomin heck Sosumi that was quick. I don't think the ink could have been dry on that post of mine yet.

[sosumi]

Bloomin heck Sosumi that was quick. I don't think the ink could have been dry on that post of mine yet.

:D1st Credit and the OFT are one of my hobbies!

[sosumi]

SpeckledHen, look at this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/68114-ruthbridge-ltd-hillesden-securities.html

hope it helps xx

[postggj]

And report them to Trading Standards and the OFT. They should not be using threats of charging orders like that, especially for a debt that is in dispute and for which they don't have the paperwork to carry out those threats. It's just plain blackmail really

 

AS ABOVE

 

ALSO A CHARGING ORDER WILL ONLY BE GRANTED IF YOU FAILED TO KEEP UP PAYMENTS SET BY THE COURT ON A CCJ

 

REPORT TO OFT, TRADING STANDARDS, EVERYONE YOU CAN THINK OF

 

THIS IS A DISGRACE AND HARRASMENT

[Pinky69]

DLC are a shower of chancers and they should be reported to the OFT for threatening something that is unlikely to happen, which is what the OFT took 1st Credit to task for. They will threaten anything they think they can get away with. Don't let them. Make that complaint and send a copy of it to DLC. Hillsden's consumer credit licence is due for renewal in 2010 so now is a good time to flood the OFT about them - I have.

[SpeckledHen]

Thanks for the replies folks, CCA goes out today along with some letters of complaint too. Guess i can rely on you fine folk as this progresses. HNY to you all, belatedly i know !

[nuke em]

send the slime balls this ( take out the piece in RED, thats only if who you are sending to are Solsicitors). Also this is a std letter, all they know is that you live there, via the voters Roll, not whether you are a homeowner or not. Its all down to keeping the fear in your mind going!.

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

 

sender name and address

 

 

Sent Registered mail

 

 

Solicitors or debt collectors

address

 

 

 

 

 

 

FORMAL NOTICE

 

Re:

 

Dear Sir/Madam,

 

I have received your unsolicited letter dated xxxxx (copy enclosed()

 

I wish to clarify your position in this matter.

 

You are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. We do not have a contract and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

As professional solicitors you well know that an affidavit address to a specific person with specific statements can only be rebutted point by point by the person so addressed who has personal first hand knowledge of it.

 

Which - means, in case you had not noticed, it was not addressed to you or your company.

 

It is neither judicial, nor is it a threat, nor is it proceedings. It has nothing to do with the you, the court or any judicial system as it is as stated above.

 

So your statements allegations, of abuse of court process, wasteful litigation etc., are in the light of the above - pointless.

 

 

I am now formally requesting that you cease all correspondence including but not limited to; letters, phone calls and text messaging.

 

I am familiar with the terms of Section 40 of the administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe, should you continue contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail and you will be in breach of these acts and you will be reported to the relevant bodies.

 

Please note that if you contact me by telephone, after a formal request not to, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such I will report you to both Trading Standards and The Office of Fair Trading and take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Finally, you do not, nor have you ever had, my permission to use or process my personal data in any way and pursuant to the Data Protection Act 1998, I hereby demand that you cease use of any and all data with regard to me and that you immediately destroy all of my data held on your records. You will confirm this action in writing to me within 14 days of receipt of this official request which is being sent to you registered mail. Failure to do so will result in a report being submitted to The Information Commissioner for Data Protection breaches.

 

Notwithstanding the fact that I do not, have not and will not consent to your interference in this matter, am I not correct is stating that any ‘contract’ that I might have with ( insert name of orig creditor) is governed by the Contracts (Rights of Third Parties) Act 1999?

 

Am I also not correct in stating that S1 Contracts (Rights of Third Parties) Act 1999 sets out the circumstances in which a third party may seek to enforce the terms of a contract?

 

As no third party was expressly identified by name as required under Section 1, Sub-sections 1 - 3 of the above Act you are not a third party to the contract and have no rights in this matter.

 

And;

 

Section 6. Section 1 confers no rights on a third party in the case of a contract on a bill of exchange, promissory note or other negotiable instrument.

 

You are therefore in serious breach of the common law Doctrine of Privity of Contract.

 

You will be deemed to have been served notice of my request and I will deem it served (3days) from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letters, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

I recommend you actually read what is written here and I would suggest you take legal advice as it seems to me you could do with some.

 

Under the circumstances should you continue this approach I reserve the right to take appropriate Action.

 

Formal notice of fee schedule to XXXXX DCA/SOLICITORS-who ever

For unlawful unsolicited interference in my commercial affairs.

 

 

1 For each unsolicited phone call £100.00

2 For each unsolicited letter of harassment £100.00

3 For each letter that I have to write to XXXXXXXX due to

unsolicited letter/s of harassment £200.00

4 For each letter I have to write to ICO regarding XXXXXXX’s

unlawful letters of harassment £250.00

5 For each letter I have to write to the Office of Fair Trading £250.00

6 For each letter I have to write to

7 For each letter I have to write to Trading Standards £250.00

8 For each letter I have to write to the Police £250.00

9 For each court appearance £1000.00

10 For each phone call I have to make to the relevant bodies £75.00

(plus £300.00 per hour or part thereof £5.00 per minute)

11 For each and any legal counter claim £3000.00

 

 

This fee schedule effective from the date of this Notice and will initiate upon the receipt of any further unsolicited letters or communications from XXXXXXXXXXXXX.

 

 

Yours Faithfully,

 

 

______________

All Rights, Privileges and Powers Reserved Without Prejudice

[SpeckledHen]

Cripes Nuke Em thats as heavy as Death Metal me old son:!:, you sure i can send something like that?. Oh yes i would like to very much indeed, being one who cherishes things from the dark side ( i jest)

I'll continue my approach with the debt being in dispute with Equidebt, and send the cca too.

Failing that, you get my next vote; guess what, no signatures !

By the way my phones gone quiet, wonder what the t..ts are up to?

[nuke em]

Cripes Nuke Em thats as heavy as Death Metal me old son:!:, you sure i can send something like that?. Oh yes i would like to very much indeed, being one who cherishes things from the dark side ( i jest)

I'll continue my approach with the debt being in dispute with Equidebt, and send the cca too.

Failing that, you get my next vote; guess what, no signatures !

By the way my phones gone quiet, wonder what the t..ts are up to?

 

 

Oh yes & i do all the time to any DCA , third party interlopers etc , i even have a more robust version which contains words that i cant post here.

[UnitedFront]

OK. I'm not going to get into a slanging match, as that would far detract from the purpose of this thread and the other thread on which we have communicated. I have placed my thoughts forwards and it is up to the OP what action they take.

 

For the record, I am a mature student. Perhaps you should not be so presumptuous regarding peoples age and/or life experience. With all the life experience in the world, the contents of the letter are still wrong.

 

I shall not respond further in this game of verbal tennis.

 

I shall respond as and when the OP needs any assistance.

 

Cheers.

UF