DLC giving me a major headache!!

[1173carld]

Hi All,

 

I am hoping that someone can help me with a couple of questions that I have.

 

My situation is that a number of years ago (2000 to be exact) I took out a credit agreement for some goods from PC world with HFC... Around 2003 I got into some troubles debt wise and deafulted on the account. The debt was then passed to DLC which I have been paying on time for the past 2 years - and I am proud to say that I have cleared up my credit file and I am in the green for a change....

 

My original credit agreement was £63.00 per month and I have been paying £65.00 for DLC to bring the account down..

 

Today I recieved a nasty call from a very unpleasant lady asking about a new loan I had taken out recently.

 

I took out a new loan with Santander a few weeks ago as I am getting married this year... All of the loan has ben paid out on the wedding so I have nothing left!!!!

 

They explained that as I had taken out the loan I should of settled the debt with them but as I had used the money for my wedding that they were no longer prepared to accept my monthly payment that I had been paying consistently for the past 2 years.

 

They mentioned a charging order and a associated costs that would be added as the account will be moving to the litigation department...

 

I have asked them to put everything in writing so that I can clearly assess the information.

 

I want to know where I stand in this situation -

The facts are:

 

I have been paying an agreeed monthly instalment to them and have not defaulted in this.

 

I took out a new loan 2 weeks ago with Santander for my wedding

 

They are now saying that they are not accepting my monhtly payments and my account will be passed to litigation for immediate settlement/charging order.

 

Also - has anyone had experience with Unenforceable credit agreements? This agreement was signed in 2000 and was considering speaking to a firm to get the debt wiped off?

 

 

Your help would be greatly appreciated folks.... I have a headche from dental surgery and now a delightful lady at DLC...

 

Thanks

 

Carl

[fuzzybobble]

They can't do a thing, You've paid them the agreed amount, and if they went to court, the judge would be asking them why they brought it to court when you have been paying the agreed amount.

 

Have they said in writing that they won't accept any more monthy payments?

 

Also it's your business what you spend your money on and not theirs. Sounds to me like more DCA spin to intimidate you. Have they stated all this in writing or by phone? If it's in writing you have grounds for a complaint against them. If it's by phone, please record the calls as evidence in future, or best not to talk to them by phone at all. DCA's love to use the phone to try and intimidate you.

 

Send them a CCA request. It's unlikely it will be enforceable from 2000. This will put you in a stronger bargaining position when it comes down to it.

 

Also a formal complaint outlining why you're not happy and demand an apology and to reinstate your monthly payments. (until you know if they can produce anything in the CCA department that is)

[UnitedFront]

OK. Firstly, don't worry too much about this cretins and the hot air!!

 

They can ONLY get a charging order once they have obtained a County Court Judgement AND you have defaulted on that Judgement!!

 

So basically, given that you are obviously someone that doesn't generally default on arrangement, the chances of them ever getting a charging order are slim to nil.

 

If they did take you to court and win, then you would have the chance to ask the court to set a monthly payment; this would be an amount that you could afford and could potentially be far less than you are currently paying (or course there is a chance it could be more depending on how much you earn; but this chance is generally very slim). Once that had happened, as long as you maintained these payments until the debt was paid in full, the company would have no opportunity to obtain a charging order!!

 

Given the rude, abusive, dishonest and misleading nature of their business practice as far as your matter is concerned, I would certainly be sending of a request under the CCA1974, just to see what if anything they have in the way of paperwork.

 

Until then, you can continue to make your normal monthly payments. It is just some jumped up cretins trying to be greedy and force you into paying them as much as they can get away with!!

 

Any loans you have taken out are none of their business. It is a breach of OFT guidelines to place pressure on debtors to increase their payments above what they can afford or to place them under pressure to settle in full.

 

I'd fire off the CCA letter and see what they come back with. Also make a complaint to the OFT and Trading Standards regarding this company prying into your personal business and making unfair demands. I'd also send a seperate letter to the company involved demading a copy of their complaints procedure.

 

Hope this helps.

Cheers.

UF

 

The cca letter is:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

OR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Sir/Madam

 

Re:- Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

P.S. just realised that Fuzzy beat me to it lol

[itsamomentintime]

They can't do a thing, You've paid them the agreed amount, and if they went to court, the judge would be asking them why they brought it to court when you have been paying the agreed amount.

 

Have they said in writing that they won't accept any more monthy payments?

 

Also it's your business what you spend your money on and not theirs. Sounds to me like more DCA spin to intimidate you. Have they stated all this in writing or by phone? If it's in writing you have grounds for a complaint against them. If it's by phone, please record the calls as evidence in future, or best not to talk to them by phone at all. DCA's love to use the phone to try and intimidate you.

 

Send them a CCA request. It's unlikely it will be enforceable from 2000. This will put you in a stronger bargaining position when it comes down to it.

 

Also a formal complaint outlining why you're not happy and demand an apology and to reinstate your monthly payments. (until you know if they can produce anything in the CCA department that is)

 

long time no see FB

[fuzzybobble]

long time no see FB

 

Been busy with other things for a few months. Back again now and ready to kick some more DCA ass. :D:D

[1173carld]

Hi Folks,

 

Really appreciate your kind advice... and I feel much better now you have said that.... I did tell them to put everything in writing to me...... They are saying that they will add charges onto the account as this account is being passed to the litigation dept? anything I can do about this....

 

I will send a letter to the OFT and trading standards as advised...

 

Good news is that I have located a copy of the credit agreement from 2000 and wondered if you guys knew what I should be looking for in the t&c's that would make the agreement unenforceable??

 

Also - even though I have located the agreement, would you still advise that I send the CCA letter to establish if they have the correct paperwork, as I am assuming that if they don't this will put me in a strong position.

 

Kind Regards

 

Carl

[ODC]

Hi Folks,

 

Really appreciate your kind advice... and I feel much better now you have said that.... I did tell them to put everything in writing to me...... They are saying that they will add charges onto the account as this account is being passed to the litigation dept? anything I can do about this....

 

I will send a letter to the OFT and trading standards as advised...

 

Good news is that I have located a copy of the credit agreement from 2000 and wondered if you guys knew what I should be looking for in the t&c's that would make the agreement unenforceable??

 

Also - even though I have located the agreement, would you still advise that I send the CCA letter to establish if they have the correct paperwork, as I am assuming that if they don't this will put me in a strong position.

 

Kind Regards

 

Carl

DO NOT make Dishonest Liars and Cheats aware that you have the Agreement. Make them look for one.

[UnitedFront]

DO NOT make Dishonest Liars and Cheats aware that you have the Agreement. Make them look for one.

 

HERE HERE!! Make the buggers do their own work!! Still send the CCA request!! Then we can see what comes back.

 

If you wanted to you could scan the document you have (removing all personal details) and upload it to photobucker (or similar) and we can have a look at it for you to see if it's enforceable.

 

I'm not sure whether this would be a good move at this point though.... see what Mr T thinks? He is very well versed in these areas!!

Might be worth being one step ahead of the game though, seeing as you have the chance?

 

Cheers.

UF

 

__________________

[1173carld]

Great - Thanks guys... I'll send the CCA request and see what they come back with.... they told me it takes 28 days but what is the statutory time limit for them to respond and get the CCA back to me... is it 14 days??

 

Cheers

 

Carl

[UnitedFront]

Great - Thanks guys... I'll send the CCA request and see what they come back with.... they told me it takes 28 days but what is the statutory time limit for them to respond and get the CCA back to me... is it 14 days??

 

Cheers

 

Carl

 

12 days plus 2 days for delivery. I always count the days as working days to ensure that I am always on the correct side of the law. I would almost guarantee, however, that they will not comply within this time frame; I have seen very few companies that have complied within the statutory time limit.

 

If and when they come up with anything, scan and post what they send (removing any personal details) and we can have a look and see what is what.

 

Remember when sending the cca request; do NOT sign it. Send a £1 postal order (not a cheque - as this would have your signature on it). And send it by Recorded Delivery.

 

Hope this helps.

Cheers.

UF

 

__________________

[silverfox1961]

Hi,

Just subbing as I'm a secret stalker of FB (Oops not so secret anymore )

Welcome back FB

 

My own piece of learned wisdom. Once they get your CCA request,expect to get a few more phone calls. Get yourself a recording device. Anything will do but a Truecall is the bogs dollocks of recorders.

 

You don't have to tell the muppets you are recording them and it gives you ammunition for when you hang them by the b*lls

[1173carld]

Cheers UF.... I'll update everyone when I get a response from the very pleasant DLC!!!!!

[1173carld]

Hi Silver Fox.....

 

What kind of thing would they say over the phone to hang themselves... or what should I be saying??

 

Cheers

 

Carl

[silverfox1961]

Hi Silver Fox.....

 

What kind of thing would they say over the phone to hang themselves... or what should I be saying??

 

Cheers

 

Carl

 

 

You don't need to say anything, just be polite.

They will do everything themselves as they already have done considering your first post. If you had that on "tape" you would have good proof of their lies. They are not allowed to be rude, abusive or dishonest.

[1173carld]

Cheers Silver Fox...

 

As an aside my partner had a Egg card that she took out back in 2005/6 and she is now paying the balance back through Moorcroft as she got into some difficulty a year or so ago... she now has a default registered against this debt...

 

Is it worth going down the CCA with this too.... would the same kind of letter apply as above to request the CCA for a credot card agreement... Does anybody have any experience with Egg CC agreements prior to 2007 and whether they are enforcable?

 

Best Regards

 

Carl

[silverfox1961]

It's always worth CCA'ing them all although I do have to say that EGG are one of the few that generally have good agreements and with it being fairly recent the chances are that it will be a good 'un.

 

As your partner has been defaulted, I would check out the default notice (if she kept it) Sometimes they make mistakes on these which could make the default invalid.

[1173carld]

Cheers SF - I'll get her to check....

 

I'll keep you all posted on my progress with DLC.... Sent the CCA letter today and will wait to hear back....

 

Cheers

 

Carl

[1173carld]

Hi All,

 

Following your help and advice over the past couple of days I have done the following:

 

Sent a CCA request to DLC

Sent an official complaint to DLC

Sent a complaint to the OFC regarding the manner in which I DLC dealt with me.

 

As I mentioned in my first part of this post - I would be explecting a letter from DLC following the phone call from them.

 

The delightful letter has arrived in the post today - I wondered if you guys could give me some advice on how to responsd to this taking into consideration that I have already written the above letter and only posted yesterday.

 

Here is the content of the letter:

 

Further to our conversation with you on the 5th Janaury 2010, we write to confirm that it is now out intention to pass your account to our litigation team to commence legal proceesding against you.

 

We are aware that this is an unsecured balance. However, as litigation specialist I would advise you that, if required we have the ability to secure this debt against your property by means of a county court judgement.

 

As explained in the call, the reason we have decided to take this action is because of several new credit agreements have been opened (actually just 1 for my wedding) by yourself since we took ovr this account. This leads us to beleive that your situation has changed financially and that you have had the opportunity o clear this debt.

 

As a result of the above your payment plan has been removed and the account now needs to be paid in full.

 

However , as a gesture of goodwill(How kind of them) and to prevent legal action being taken, we are in a position to offer a discount of 10%. This will leave £1407.74 to pay to clear your liability. This payment will need to be paid within days.... ( Wish I had £1400 spare!!!)

 

We would like to resolve this matter without the need for legal proceedings. Please telephone 0844 335 6497 to discuss the situation. If you fail to respond to this letter our Solicitors will assume you have no intention of discharging your liability.

 

Please be aware that any legal costs and charges awared in court will be added to your balance and will increase your liability. This also entitles dlc to statatory interest for the period we have help the account.

 

 

So that's what I have - Please help folks!!!

 

Kind Regards

 

Carl

[UnitedFront]

OK. You really have two option:

1- reply to the letter.

2- sit tight and wait for their response to your cca request.

 

I personally always favour the option of responding (although I know many members take the opposite view) and to be honest, both approaches have their own merits and benefits.

 

I only reply so that I can show, should the matter reach court, that I have always kept open the lines of communication. This can, in my opinion, help to demonstrate that despite their contentions otherwise, I have always been willing to cooperate and endeavour to settle my debts. I think if it gets to court, the cleaner my hands are, so to speak, the more favourably the court may look upon me.

 

If I were in your position, I would probably write to them detailing firmly that your situation has not changed and that you have not been in a position to repay the alleged debt in full. I might also offer to continue payments that I could afford; and might begin to pay these to them (even if they declined my offer). Again, I say this because it shows a willingness to cooperate and demonstrates that I am not trying to hide from or avoid my debts.

 

This is, however, merely my thoughts and there may be other members (indeed members with far greater experience than myself) who might advise otherwise.

 

If you need any further help, just yell.

 

Hope this helps.

Cheers.

UF

[ODC]

I cannot believe that DLC have been stupid enough to put this in writing. What they have actually suggested is that you should have borrowed the money to pay them, a clear breach of the OFT Guidelines. Also if they thought your financial situation had improved they could have asked you to increase your payments instead of taking such an agressive stance. Call their bluff and invite them to take you to court. They wont

[1173carld]

Cheers for advice chaps....

 

Am I also right in assuming that they can actually take any further action as is stands as I have requested the CCA...

 

Should I state in the letter that they are clear breach of OFT guidlines by suggesting I should of borrowed the money to pay them... The OFT should of recieved my complaint letter today..

 

Thanks

Carl

[Huff&Puff]

I would just hang fire for a few days, and wait until the 12 + 2 days for the CCA request is up. Then you can put the matter into dispute and they are unable to take any enforcement action. Not that they would do anyway, they are all hot air.

[Gaznkaz08]

DLc did this to me before xmas phoned up wanting to know why i'd spent a bit on my credit card that month (4 new tyres mainly), got pretty stroppy and said they wanted more now,

 

they got more, because they pee'd me off they got 2 CCA requests and will now get F'all as both accounts are now in dispute as of yesterday and the standing orders have been cancelled

 

seem to be a dodgy tactic snooping on your CF

[ODC]

Yet again a DCA shoots itself in the foot by its sheer greed

[UnitedFront]

I wonder what gives them the right to look at your credit file in this way?

 

If I apply for credit, they have to obtain my permission to look at my credit file.

 

I know of no person that has given their permission to a DCA to do this.

 

Are they not in breach of some legislation and/or regulations/guidelines etc by doing this?

 

I would be writing a letter of complaint to the information commissioner I think!!