dlc trying to get a Charging Order

[00765]

Morning everyone,

 

I'd be grateful if someone could please ahve a read thru the letter below which i have drafted to go to Aplins & let me know if it's OK. Thanks

 

 

'Dear Sirs

 

Further to your correspondence, I can confirm that I have already communicated to dlc requesting for proof of my liability for the alleged debt in question.

Please find attached a copy of my correspondence to dlc.

I would be grateful if you would please ask your clients to supply the information requested within 7 days.

Yours faithfully,'

[Gaznkaz08]

Anything you send to Hillsden/DLC must be sent by recorded delivery and keep a copy of the letter together with your proof of posting. They are notorious for ignoring letters and going straight for CCJ's. You'll need to keep your eye on the ball with them, they don't play straight !!

 

 

thats interesting to know, they "haven't received" my 2 CCA requests or 2 letters of dispute, despite me having four signatures saying they have

[00765]

PLEASE can i get some comment on the letter i have drafted in Post No. 26. Is the content correct any changes needed etc? Thanks

[mkb]

Looks good to go IMO - short and sweet but more importantly, accurate & to the point.

[Ell-enn]

Rmember to send by recorded delivery and keep a copy of the letter.

[00765]

Thanks I'll keep y'all posted as to how things unfold with these pr..ks

[00765]

I've sent the letter to Aplins.

 

How long should i give dlc to respond to my 'prove it' letter & if they fail to respond what should i do next? Thanks

[00765]

Can anyone please tell me what i do if dlc do NOT respond to my 'prove it' letter? Thanks

[debt4get]

as a matter of interest this isnt for a yes car credit debt is it?

[Huff&Puff]

Can anyone please tell me what i do if dlc do NOT respond to my 'prove it' letter? Thanks

 

There is no need to do anything, the "prove it" letter is putting the alleged debt into dispute. If they were to try it on in court, then you have an absolute defence right there.

[00765]

Thanks huff&puff.

 

No debt4get, at least i don't think so, as i never had a yes car credit debt.

[00765]

Hi all,

I received a letter from Hillesden Securities yesterday 12 February 2010 which said as follows

"Thank you for your letter dated 6 January 2010 regarding the above account. I apologise for the delay in responding.

I can confirm that the above account relates to a loan taken out on 7 May 2004 with the Finance.

This account defaulted on 30 April 2007 & was passed to ourselves for collection in December 2009. There remains an outstanding balance on this account of £11963.92.

We are happy that the information provided by the original lender is correct & currently we have no reason to believe there are any errors in the data we hold. however should you have concerns regarding the validity of the account please provide full details along with any documentation you have to support your claim.

I hope the above is of assistance to your enquiries and should you require any further information please contact our offices"

Should i reply & if so what do i say?

It's taken them over a month to respond to my 'proof it' letter. Does that make any difference and does their letter prove anything?

Thanks

[debt4get]

their letter proves absolutely nothing, and how the hell are you supposed to supply them with documentation!!! they are unbelievable, just because they say you owe it..then you owe it.. i should start sending letters like this out and see if anyone pays me...should be so lucky.. send them a letter requesting the cca, costs a pound. when it arrives post on here removing identifying names etc and people can check validity

[ODC]

Dear Cretins

 

Obviously my Legal Request was too difficult for your ill educated threat monkeys to comprhend so i will make it simple.

 

I have made a formal request for a copy of my properly executed Consumer Credit Agreement. You have failed to supply it.

 

Put even simpler

 

NO CCA = NO ENFORCEABLE AGREEMENT = NO COURT CASE

 

Therefore there is nothing you can do other than issue empty threats.

 

My advice to you is to stick with plucking chickens because as a DCA you are CRAP

 

yours etc

[00765]

So I should send the CCA letter? Where can i get the CCA template? Thanks

[Huff&Puff]

You do not need to send a CCA request, you have asked for proof that you owe the alleged debt, and they have failed to supply it. If you feel you must write back, you can send them the "in dispute" letter, though you'll need to modify it, as there is no timescale involved.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[00765]

I'd rather not have to reply but would that mean I just sit back & wait for themoro write to me again demanding for £11,000+? Thanks

[Huff&Puff]

That's usually the name of the game, they make silly demands and you ignore, until they get fed up and go away. They generally do after a while.

 

But if you get fed up with the threatograms, then you can complain to Trading Standards and the OFT about them chasing a disputed alleged debt.

[00765]

Thanks Huff&Puff.

 

Somehow i think that with £11,000+ at stake, they'll probably keep huffing & puffing for a while but since i have a load more debtors chasing to deal with, i'll just ignore them.

 

For now thanks to all of you for your advice. The consumeractiongroup is a real source of invaluable information & guidance for me, which continues to assist in containing my stress levels in my numerous battles with debt companies.

 

Thank you, each & all.

[Pinky69]

DLC/Hillsden haven't got a piece of loo roll for this debt and not for the first time. Prize numpties.

[00765]

Thanks Pinky69.

 

If a debt is deemed unenforceable how do u repair your credit?

 

Right now i'm trying to go gradually through all my debtors and whereever possible, i want to try & repair my currently completely ruined credit. Right now, i barely have a bank account because of all my debts ccjs defaults etc.

[Pinky69]

Having defaults removed is not easy. You have to ask whoever entered the default to remove it on the grounds that 1) the default does not relate to an agreement in your name 2) you did not give them permission to process your data (usually given on an application form) 3) the default is inaccurate (the amount is wrong) 4) the agreement was rescinded (terminated without prior issue of a default notice) before the entries were made (rescission meaning all clauses pertaining to the processing of personal data are rescinded with the agreement). You send a copy of your request to the OC/DCA to the credit reference agencies as they have to investigate any dispute. If asking the OC/DCA to remove them doesn't work, you can then take your case to the Information Commissioner - and they take months to investigate. If that fails, you can ask a court to have them removed. I am now at the ICO stage - they have had 3 cases of mine since October - and I started requests to have them removed (3 cases) 10 months ago. Good luck.