Dlc & Mbna Help Help

[yousef1973]

Today I received a letter from Direct Legal & Collections. As follows ;

 

We hereby give you notice that this debt has been assigned to Hillesden Securities LTD, trading as direct legal & collecions (dlc).

 

This means that MBNA no longer own your account and your account is now owned by dlc. All future payments and contact must be made with us.

 

We will start reporting against you credit file within 30 days of you receiving this letter.

 

You must let us have your proposalsof the payment of the outstanding balance by calling 0844 3358498 or by returning the attached insertion today.

 

Failure to respond to this letter may result in legal action.

 

Please someone advice me, who are these guys, do they mean business.

 

are they allowed to have the debt assigned to them, yet I have not even had a default notice served.

 

PLEASE HELP ???

[pompeyfaith]

They are debt collecters and yes they can buy debts often for a fraction of what you owe.

 

Legal Action is a long way off yet as they have to follow pre-litigation proceedures and go though all the hoops first.

 

As you have not had a default notice served you are already one up on them as MBNA should have served a Default Notice before taking any action.

 

The first thing for you to do is to send off a CCA Request to DL&C with £1 as that is the fee payable to get a copy and see what comes up my guess is that MBNA do not have an agreement hence why they were quick to sell it off.

 

Anymore questions just post back and someone with the knowledge will be back.

 

Regards

 

PF

[pompeyfaith]

Here is the CCA letter template just copy and paste then edit to suit your needs:

 

http://http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[UnitedFront]

The cca request letter is below. Remember do NOT sign it and always send it by recorded deliver. Keep the receipt and all other paperwork safe.

 

Hope this helps.

Cheers.

UF

 

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

 

 

__________________

I am a first year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. If you are in doubt, always seek professional legal advice from a qualified lawyer.

[pompeyfaith]

Cheers UF you beat me to it lol

 

PF

[UnitedFront]

haha looks like you got in just before me lol. Anyone would think we were London Busses

 

Cheers

UF

[pompeyfaith]

UF,

 

No problem at least one of us got there anyway I've clicked your scales for being so quick well done.

 

PF

[yousef1973]

Thanks For The Letter

 

I Have Had A Look At My Records,

I Sent Mbna A Letter In September Same As Above Asking For The Contract Along With £1 Postal Order.

 

They Never Replied, Instead Just Rang Me Asking To Make Payments, Even A Settlement.

 

I Then Wrote A Letter Stating If I Dont Receive The Contract In 12+2 Days The Account Will Be In Dispute.

 

They Have Had These Letters, As I Sent Them Recorded Delivery, Which I Have Records Of.

 

As It Stands This Account Is In Dispute.

 

December 18th Got A Letter From Mbna Stating The Account Is Sold To Direct Legal-dtl.

 

Dlc Have Been Calling Me And Writing To Me, Yet Mbna Sent Me A Letter On 29 December Stating The Debt Still Stands And I Am Not Allowed To Assign The Debt To Any Other Company.

 

What I Dont Understand, Is If They Have Sold It Why Is Mbna Still Writing To Me Telling Me What I Can And Can't Do.

 

I Also Got A Letter From Dlc Today Telling Me They Have Checked With Land Registery, And Know That I Own A House. Stating They Are Going To Apply For County Court Judgement.

 

Is This Debt Really Sold To Dlc Or Are They Just Trying It On?

 

As Previously I Offered To Settle The Debt For 30% And They Refused.

Can It Be Possible If A Debt Agency Would Offer More Than That, Yet I Thought They Only Get No More Than 10%?

 

Need Help What Should I Do.

 

Shall I Send Them A Copy Of Those Letters?

[Huff&Puff]

In that case, don't bother communicating with them any more. Instead make a complaint to Trading Standards, and copy it to the OFT, that they are chasing an alleged debt while it is in dispute, which is not allowed. That often makes them go away.

[yousef1973]

In that case, don't bother communicating with them any more. Instead make a complaint to Trading Standards, and copy it to the OFT, that they are chasing an alleged debt while it is in dispute, which is not allowed. That often makes them go away.

 

SORRY BUT CAN YOU ADVICE ME WHAT AND HOW SHOULD I DO IT.

DO I WRITE TO THEM IF SO WHAT DO I SAY AND DO I NEED TO SEND ANY PROOF ?

[yousef1973]

They are debt collecters and yes they can buy debts often for a fraction of what you owe.

 

Legal Action is a long way off yet as they have to follow pre-litigation proceedures and go though all the hoops first.

 

As you have not had a default notice served you are already one up on them as MBNA should have served a Default Notice before taking any action.

 

The first thing for you to do is to send off a CCA Request to DL&C with £1 as that is the fee payable to get a copy and see what comes up my guess is that MBNA do not have an agreement hence why they were quick to sell it off.

 

Anymore questions just post back and someone with the knowledge will be back.

 

Regards

 

PF

 

 

Thanks For The Letter

 

I Have Had A Look At My Records,

I Sent Mbna A Letter In September Same As Above Asking For The Contract Along With £1 Postal Order.

 

They Never Replied, Instead Just Rang Me Asking To Make Payments, Even A Settlement.

 

I Then Wrote A Letter Stating If I Dont Receive The Contract In 12+2 Days The Account Will Be In Dispute.

 

They Have Had These Letters, As I Sent Them Recorded Delivery, Which I Have Records Of.

 

As It Stands This Account Is In Dispute.

 

December 18th Got A Letter From Mbna Stating The Account Is Sold To Direct Legal-dtl.

 

Dlc Have Been Calling Me And Writing To Me, Yet Mbna Sent Me A Letter On 29 December Stating The Debt Still Stands And I Am Not Allowed To Assign The Debt To Any Other Company.

 

What I Dont Understand, Is If They Have Sold It Why Is Mbna Still Writing To Me Telling Me What I Can And Can't Do.

 

I Also Got A Letter From Dlc Today Telling Me They Have Checked With Land Registery, And Know That I Own A House. Stating They Are Going To Apply For County Court Judgement.

 

Is This Debt Really Sold To Dlc Or Are They Just Trying It On?

 

As Previously I Offered To Settle The Debt For 30% And They Refused.

Can It Be Possible If A Debt Agency Would Offer More Than That, Yet I Thought They Only Get No More Than 10%?

 

Need Help What Should I Do.

 

Shall I Send Them A Copy Of Those Letters?

[yousef1973]

Please Help!!!!!!

[pompeyfaith]

Hiya Yousef,

 

Right If they have sold the debt to dlc you should have received a notice of assignment. So I would start by writting to dlc asking for proof that they have brought the debt.

 

While you are at it you can also state that they have no right in acting on the debt as it is in dispute due to mbna's failure to supply a copy of the CCA.

 

Include copies of the letters you have sent to mbna as well as a photocopy of the postal receipt.

 

That should get them off your back.

 

the letter from mbna should be headed "Notice of Assignment" only this will prove that the debt is sold nothing else will do.

 

Next write to MBNA telling them hat they are still in default of your request and it will remain in default until a copy of the CCA which you have paid for is forwarded.

 

You can also write to the Information Commissioner asking them to intervene due to mbna being in default of a valid and legit request.

 

Regards

 

PF

[yousef1973]

Hiya Yousef,

 

Right If they have sold the debt to dlc you should have received a notice of assignment. So I would start by writting to dlc asking for proof that they have brought the debt.

 

While you are at it you can also state that they have no right in acting on the debt as it is in dispute due to mbna's failure to supply a copy of the CCA.

 

Include copies of the letters you have sent to mbna as well as a photocopy of the postal receipt.

 

That should get them off your back.

 

the letter from mbna should be headed "Notice of Assignment" only this will prove that the debt is sold nothing else will do.

 

Next write to MBNA telling them hat they are still in default of your request and it will remain in default until a copy of the CCA which you have paid for is forwarded.

 

You can also write to the Information Commissioner asking them to intervene due to mbna being in default of a valid and legit request.

 

Regards

 

PF

 

 

I got a letter from mbna dated 18th December as follows:

 

Your outstanding balance due under the above account has been sold to Direct Legat-Dtl.

 

Direct Legals-Dtl's address is :

 

Buckingham Road

xxxxx

xxxx

xxx

 

All enquiries regarding this account, including accurate balance information, together with future payments, should be made directly to this company.

 

Yours sincerely.

 

 

Thats all they have sent. what do you think ?

 

ps whats Information Commissioner

Edited January 9, 2010 by yousef1973
Information Commissioner

[pompeyfaith]

Sorry forget the information commisioner.

 

As that office is for complaints with the Data Protection Act.

 

You complaint should be forwarded to the OFT.

 

The Office of Fair Trading: making markets work well for consumers

 

Ok MBNA have informed you that the debt has been sold to DL&C so that appears ok.

 

But it still should not have been sold while in dispute.

 

Have MBNA sent you a Default Notice ?

 

You can now request the CCA from DL&C as they are the owners of the debt.

 

So sent a letter to DL&C asking why they brought a debt from mbna that was in dispute due to failure in supplying a copy of the CCA.

 

This is the template to use just edit to suit your needs:

 

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

[yousef1973]

Sorry forget the information commisioner.

 

As that office is for complaints with the Data Protection Act.

 

You complaint should be forwarded to the OFT.

 

The Office of Fair Trading: making markets work well for consumers

 

Ok MBNA have informed you that the debt has been sold to DL&C so that appears ok.

 

But it still should not have been sold while in dispute.

 

Have MBNA sent you a Default Notice ?

 

You can now request the CCA from DL&C as they are the owners of the debt.

 

So sent a letter to DL&C asking why they brought a debt from mbna that was in dispute due to failure in supplying a copy of the CCA.

 

This is the template to use just edit to suit your needs:

 

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

 

 

Does it matter the way the letter is headed from mbna

the letter from mbna should be headed "Notice of Assignment" only this will prove that the debt is sold nothing else will do.

 

no heading with notice of assignment

 

just telling me, sold the debt.

 

ps, as far as i can remember no default notice has been served.

[pompeyfaith]

as an assignment notice is an official document yes it should be headed but hey mbna are well known 4 getting things wrong and in the wrong order

[yousef1973]

I am sending the following letter to them, does this look ok ?

 

DLC

BUCKINGHAM ROAD

BRACKLEY

NORTHAMPTONSHIRE

NN13 7DN

 

 

xxxxxxxxxxxxxx

xxxxxxxx

xxxxxx

 

YOUR CLIENT : MBNA 11 JANUARY 2010

DLC REF xxxxxxxxxx

 

ACCOUNT IN DISPUTE

 

Account number: xxxxxxxxxxxxxxxxx

 

Dear Sir or Madam,

 

Thank you for your letter dated 29th December 2009, informing me that MBNA has assigned the debt to Hillesden Securities Ltd, trading as DLC.

 

Can you send me written evidence, showing me that the debt has been purchased by you, as I have not had any information from MBNA telling me that.

 

If you have legally purchased this debt, then you have no right in acting on a debt as it is in dispute due to MBNA’s failure to supply a copy of a proper executed CCA.

 

This account is in dispute with MBNA and has been since 16 September 2009.

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 16th January 2009 has NOT been answered.

 

As MBNA are now in default of my Consumer Credit Act agreement request 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 MBNA for resolution of these defaults and breaches, as MBNA cannot lawfully pursue any enforcement activities.

 

 

If MBNA 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.

 

Ps, account dispute letter enclosed with proof of delivery.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[pompeyfaith]

Looks fine to me perhaps other caggers here could also confirm

[heliosuk]

I've had a similar thing. I had an arrangement with MBNA "for the forseeable future" and kept to it. Then all of a sudden I get a letter stating that the debt has been sold to DLC.

 

So letters start arriving sayingthe debt has been assigned to DLC and all the usual rubbish. I'm called 3 times and texted once.

 

So I respond with the CCA letter and also send them the harrasment letter.

 

They have finally responded that they have requested the CCA from MBNA and some other pooh.

 

Now this is the issue I have which might also apply in this case. As they have sold the debt then is not the contract between myself and MBNA terminated.

 

Secondly, if MBNA divulge any CCA to DLC does this not breach data protection in that they are now divulging info after they have voluntarily terminated the contract?

 

They then go on to state that if they are unable to forward a copy of the original agreement they will be able to supply a true copy which will comply with section 77-79 of the CCA 1974.

 

So what do you peeps think as I reckon this is identical to what the OP is going through?

 

I'll repost if need be so as not to hi jack the OP's question.

[mkb]

I am sending the following letter to them, does this look ok ?

 

DLC

BUCKINGHAM ROAD

BRACKLEY

NORTHAMPTONSHIRE

NN13 7DN

 

 

xxxxxxxxxxxxxx

xxxxxxxx

xxxxxx

 

YOUR CLIENT : MBNA 11 JANUARY 2010

DLC REF xxxxxxxxxx

 

ACCOUNT IN DISPUTE

 

Account number: xxxxxxxxxxxxxxxxx

 

Dear Sir or Madam,

 

Thank you for your letter dated 29th December 2009, informing me that MBNA has assigned the debt to Hillesden Securities Ltd, trading as DLC.

 

Please send me written evidence, showing me that the debt has been purchased by your company.

 

This account is in dispute with MBNA and has been since 16 September 2009.

Your companies behaviour is a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, and also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from 16th January 2009 has NOT been answered.

 

As MBNA are now in default of my Consumer Credit Act agreement request 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 and 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 MBNA for resolution of these defaults and breaches, as MBNA cannot lawfully pursue any enforcement activities.

 

If MBNA 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 enclose the aforementioned account dispute letter with proof of delivery to MNBA.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Some changes for you to consider. I would leave in the bits in red since they form the basis of your complaint.

Do NOT be too pleasant in your dealings with them. As they choose to deal with us, Joe Public, in a derisory manner, it is only fair to treat them with the same contempt!

 

I would also enclose the telephone & doorstep letters at this stage purely so that they can see you mean business.

[DT&FE]

folks

 

I phoned FOS regarding similar letters from these clowns and they are well known to FOS. They took all the details over the phone, acknowledged that the content of the letter was tantamount to threats and will take it up with DLC. THEY EVEN RANG ME BACK TO SAVE MY PHONE BILL! They also stated that any repayment agreement had to be what was affordable to me and not what the DCA wanted!

 

Inieterestingly i have also been informed that logging such a complaint helps should these characters every get to court.

[yousef1973]

RIGHT FINALLY GOT A REPLY TODAY, OBVIOUSLY NOT BY DLC BUT BY A COPMANY CALLED APLINS==aplin stockton farfax solicitors.

 

Basically they have totally ignore the above letter i sent.

 

The letter as follows:

 

Dear Sir / Madam

 

We have been instructed by direct legal & collections on behalf of Hillesden Securities LTD to take necessary steps to recover the outstanding balance as shown above.

 

Our client ask that you contact them either direct by telephone on 0844 3358498 or by writing to them at direct legal & collections, Buckingham Road xxxxxxxxxxxxxxxxxxxxxxx. If you do not make full payment or reach agreement with direct legal & collections within 7 days, legal proceedings may be commenced without further notice.

 

In the event of a judgement being obtained, we shall seek all fixed costs and fees which will be added to the outstanding debt.

 

Yours sincerely.

 

I have had a look the address it is a po box in oxon, yet when i look at back of the envelope return address states, please return to

DLC

po box 4777

rugby

 

CAN SOMEONE PLEASE ADVICE, WHAT TO DO NEXT AS THEY HAVE TOTALLY IGNORED MY REQUEST AND ALSO WHO ARE THESE SOLICITORS APLINS.

 

 

Any advice

[Huff&Puff]

Send them this letter:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[yousef1973]

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