CCA request denied

[Pinky69]

Send the SAR to the original creditor.

[ACEFR3HL3Y]

Send the SAR to the original creditor.

 

 

The original creditor?I have no idea!!Would this be Hillesden Securities Ltd(ie Hillesden against you)then,or Nolans whom the letter was received from?I believe Nolans to be a solicitor acting for Hillesden............8-)

[ACEFR3HL3Y]

looking for a contact address for Hillesden Securities Ltd,i came across this;

Complaints Against Hillesden Securities Ltd

[Guest HeftyHippo]

The original creditor?I have no idea!!Would this be Hillesden Securities Ltd(ie Hillesden against you)then,or Nolans whom the letter was received from?I believe Nolans to be a solicitor acting for Hillesden............8-)

 

look at the correspondence you have. something must say who you owe money to. other than that, contact the people chasing you and ask if they own the debt or if not, who does. if need be, SAR everyone

 

its not hard, someone must have made a claim about who you owe money to, and business correspondence of this nature usually tells you if the author is a debt collector or a solictor or something else. Trace it back. the one most likely to have an agreement if it exists, is the original creditor as pinky says, but it seemed you were unsure of who that would be which why I made the advice above about the owner of the debt.

 

You can also get details of the courts decision from the court. that should tell you who the judgement was in favour of and may identify the original creditor

[ACEFR3HL3Y]

ok,I understand.... I did receive an email when I originally queried this debt and it states that the original debt is owed to a CitiFinancial...I now have their address so I will send off the relevant paperwork to them,thnx

[ACEFR3HL3Y]

as yet I have not got round to sending a subject access request,too much been happening lately!!!

Anyway,I am now receiving more letters from Nolans regarding Hillesden Securities Ltd.

They seem to be stepping up the hunt,maybe due to the fact they know I am seeking advice elsewhere.

Of the 2 letters I received today are a Service of Debt Advice and Info Package,basically a leaflet,received by Nolans,whom I sent the CCA to(should've sent to Hillesden)

Another letter received at the same time is from Alex M Adamson Messenger at Arms & Sheriff Officers,which states;

 

"Dear sir/madam

Hillesden Securites Ltd v You

 

We are instructed by Nolans,(address) in respect of the above matter to carry out an attachment against you for recovery of the outstanding sums due.

We would remind you that a Charge for Payment of money was served on you on 16th October 2008 for the sum of £1825.29.

 

We hereby give you notice that our officers will call for the purpose of executing an attachment ten days from today unless payment in the sum of £2024.50 is received by the above agents prior to that date"

 

So I guess I can expect a visit from a couple of wannabes,lol

[ACEFR3HL3Y]

I am in the process of printing out a Subject Access Request,top be sent to Hillesden Securities Ltd

If these clowns come to my door,before I knock them out shall I inform them that I am disputing the debt and have sent a SARN to Hillesden?

The knock out part was a joke,lol......Do I sign anything accept anything etc,

Thnx

[bustthematrix]

I am in the process of printing out a Subject Access Request,top be sent to Hillesden Securities Ltd

If these clowns come to my door,before I knock them out shall I inform them that I am disputing the debt and have sent a SARN to Hillesden?

The knock out part was a joke,lol......Do I sign anything accept anything etc,

Thnx

Sign nothing, acknowledge nothing and say as little as possible. Not even the priviledge of your name. All the proof burden is on them.

 

They won't be able to do squat!

[ACEFR3HL3Y]

I recently contacted these Nolans clowns again...sending this

 

Dear Miss Taylor

 

Following a recent email and with reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

 

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

 

Should you require payment for this,I will forward a payment of £1.

I believe this would represent the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I should also remind you that any Court Judgement will have NO bearing on this request.

I look forward to hearing from you.

 

I just received this email back from them;

 

I refer to your email and advise that we have already outlined our position and in the circumstances will be proceeding.

 

If you still dispute this matter you will be required to seek your own legal advice.

 

We would remind you that we act on behalf of Hilleden Securites and under no circumstances should our clients be contacted by you directly.

 

Miss Taylor

 

 

wtf are they playing at?

[bustthematrix]

We would remind you that we act on behalf of Hilleden Securites and under no circumstances should our clients be contacted by you directly.

No. They CANNOT prohibit you from writing direct to your original creditor and requesting your CCA. They also CANNOT prohibit you from serving a SARN request to the original creditor.

 

Have you served the CCA request to Citi Financial? I believe they are your OC?

 

Hillesden and Nolans are further down the chain.

 

You want to reach the stage where CF are in breach of your S77-79 request, the debt is legal in dispute and the provisions of S77-79(6) now apply - which basically means they can't enforce until they remedy the breach.

[harrassed senior]

Just been reading through rather quickly and the thing that has struck me and I may have missed it, did you ever received a summons, for this Court Case, prior to the Judgement, you say you received 'the decision' in 2008, but was that the first your heard from any Court?

[ACEFR3HL3Y]

Just been reading through rather quickly and the thing that has struck me and I may have missed it, did you ever received a summons, for this Court Case, prior to the Judgement, you say you received 'the decision' in 2008, but was that the first your heard from any Court?

 

Hi,I don't recall if it was a summons as such,but I did agree to make repayments,apparently this was in response to a letter I received from court(summons?)

This was done a bit hastily on my part and in hindsight I should've put in a defence against this debt,as I am now in doubt as to whether it is mine.Receiving a letter from Court kind of makes you think the debt is indeed yours,thus agreeing to make repayments

[ACEFR3HL3Y]

No. They CANNOT prohibit you from writing direct to your original creditor and requesting your CCA. They also CANNOT prohibit you from serving a SARN request to the original creditor.

 

Have you served the CCA request to Citi Financial? I believe they are your OC?

 

Hillesden and Nolans are further down the chain.

 

You want to reach the stage where CF are in breach of your S77-79 request, the debt is legal in dispute and the provisions of S77-79(6) now apply - which basically means they can't enforce until they remedy the breach.

 

 

Hi Matrix,

I have not served the CCA request to CitiFinancial,I sent this to these Nolans people.I do not have any contact information for CitiFinancial,address etc.

I am currently responding to the last email I received from Nolans regarding them telling me NOT to contact Hillesden.Do you have any suggestions as to how I should respond as politely as poss;)

[ACEFR3HL3Y]

I have an address now for CitiFinancial,how can I be sure this is one and the same company,lol

 

Citi Cards Services

CitiFinancial Europe plc

PO Box 49920

London

SE5 7ZF

[Pinky69]

Look up Citi's registered address and send it there.

[nohappybunny]

Cheeky bump http://www.consumeractiongroup.co.uk/forum/general-debt-issues/253083-checking-validity-credit-agreement.html

[ACEFR3HL3Y]

Cheeky bump http://www.consumeractiongroup.co.uk/forum/general-debt-issues/253083-checking-validity-credit-agreement.html

 

 

 

Hey Bunny,you lost me?what am I looking for?

[nohappybunny]

Hey there acefr3hl3y ...sorry...I am looking for more advice, I am not to sure on my lingo "ie cheeky bump" i probably should have said... someone please help me!!!! I am actually losing mymind a little bit

[ACEFR3HL3Y]

will have a look at your thread,but I am no expert here.I must say though,I got a car from Yes car years ago,returned car as timing belt broke,they still wanted over £6k...Got some very useful advice here,sent a CCA letter then received notice back that they would not contact me again regarding debt,lol...so you in the right place;)

[nohappybunny]

I hope so...I amstarting to crack

 

thanks

[beaconsman]

Hi, just got in and a letter from a certain dca..regarding an amount of just over £800 from a bank..i checked my credit file and a certain low dca has been checking my file every month for the last 6 months. What are my first steps in fighting this?..do i ask the dca for a cca? the first default was in 2005 according to my credit file..also how to get them to remove the searches as they werent authorised? (and yes it is me, i am back, after getting a kicking on behalf of my wife, but that is now sorted)..i just want to know my full rights and how to go about tackkling these lowlifes as they have also mentioned bankruptcy!! I have only just fought ousba and won over a ccj and has been removed, enabling me to get a bank upgrade within a week! Also been able to get a mobile phone on contract so dont want these gits messing things up for me..thanks.

[ACEFR3HL3Y]

forgot to mention,I did get a doorstep visit from Nolans chapI did not let him in.The guy was as interested in getting the debt as I was paying it!!!!

He asked if I had a car,then he answered no for me,lol....Basically told me to watch in case 'they' find out where you work,then they can take steps to arrest your wages until the debt is paid off..

What a nice little man he was.I think these lads basically know as soon as they see a person,what they will or won't get away with asking you,maybe my appearance scared him,lol....

[Jasper1965]

Just been reading through rather quickly and the thing that has struck me and I may have missed it, did you ever received a summons, for this Court Case, prior to the Judgement, you say you received 'the decision' in 2008, but was that the first your heard from any Court?

 

I'm with you here HS, I'm sensing you feel that there might not actually be a judgment.

 

OC checked their credit files I see and default was registered but no mention of the CCJ?

 

Seems very sus to me.

 

I'd wager upon a little digging the CCJ will turn out to be a faux Court letter from a DCA. Certainly hope so.

 

Give them both barrels if this is the case, claiming a judgment exists, producing letters intended to deceive the debtor into believing they're from Court etc. etc. All practices very much frowned upon by the OFT etc.

[ACEFR3HL3Y]

I have again looked at my credit report and there is nowhere that says CCJ.Regarding the Hillesden 'debt' it says next to it 'Default'....Jasper,do you really think they would send a false court letter in order to deceive me?

I sent off a CCA request and payment to Citi,this was sent recorded delivery and was delivered on 14th June 2010.I have not heard back from them regarding this.I have,however,received another letter from Nolans saying;

 

"We refer to the above matter and to our earlier letter advising you that our clients would be prepared to accept an instalment offer from you in respect of the aboves debt.We note that we have not heard from you in response to our clients offer"

YOU ARE NOW ON NOTICE THAT FAILING AGREEMENT OF INSTALMENT PAYMENTS WITHIN SEVEN DAYS WE SHALL PROCEED WITH ENFORCEMENT AGAINST YOU.

Should you wish to discuss your account with us,please call ************

 

There is then an attachment form for standing order etc!!

[ACEFR3HL3Y]

copy and paste of actual credit entry

 

HILLESDEN SECURITI... Credit card / S... Default £1,511 05/07/2009 Hide

 

 

note the date entry was update 7th May 2009!!!!