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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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DLC - Hillsden -Dodgy Assigment & CRA entries


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Have a debt (allegedly) with a creditor, defaulted some years ago and eventually DLC write to me stating that they're collecting the debt on behalf of the creditor.

 

This was pre-cag days (for me anyway)

 

Paid dlc for a number of years and then I received a notice of assignment from Hillsden stating that I was to pay them from now....but as dlc were acting on their behalf I was to continue paying them. No assignment was received from the OC so I assumed that it was assignment but without full title, the letter from Hillsden was less than clear.

 

Continued to pay dlc but then joined Cag and sent off last year for a copy of the credit agreement, particularly as the Original creditor has changed ownership/names 3 times since my original agreement.

 

A month later no CCA received, sent in the dispute letter.

 

I then get a letter from dlc stating that they had passed it on to their clients Hillsden (I'm reasonably sure Hillsden and dlc are in bed with each other) and I then get a letter from Hillsden stating that they've applied for the cca from their clients (the OC) They've either forgotten that they'd sent me an assigment letter or it was not ever assigned.?

 

This is where it gets a little interesting in as much as my credit file was duplicated with the default, one from the OC, the other from Hillsden. I wrote to the equifax with a view to having them removed, they in turn contacted both parties and the answer back was from the OC stating that they no longer had any interest in the file , Hillsden on the other hand wanted to stay on and continued updating the file. They were not able to supply any documentation on the debt, I wrote to them asking to remove the entry from my credit file but they refused but acknowledged that they were as yet unable to produce the credit agreement. (feb 09 request)

 

Once the dispute letter was sent I ceased paying them, Hillsden continuned to send me a letter each month saying that the account was suspended pending them producing the required credit agreement. Late last year they sent me another letter stating that a recent case Mcguffick or similar? made it that they no longer had to send the true signed copy of the CCA and whilst it it's absence they recognised it was not enforceable they now consider it ok to recommence collection proceedings (I'm sure others have had the same letter)

 

Of course I ignored their pleas, then their veiled threats of the consequences of my not paying them....

 

But now I've had another letter from another collection agency stating that they are now acting on behald of the Original Creditor re the money and that I should pay them right now or else Planet Deb T will be eradicated from the universe (Ok, slight exageration)

 

So now I'm confused, if the assigment had taken place all that time back with Hillsden should not they then be the creditor? Obviously because the assignment notice was so badly constructed I have no way of telling who owns the alleged debt etc and to cap I have a communication from a CRA that the original credit no longer have any interest in the debt anyway and the duplicate entry can be removed in their name...that was last year also.

 

But Hillsden continue to update my file accordingly, so are the new collectors playing stupid or did Hillsden all that time ago never really have any assignment rights?

 

The default comes off my file early next year but I'd like Hillsdens entry removed given that the new collection agency state they are collecting on behalf of the original OC and should I not have received some form of notice from Hillsden re either them no longer being the assigned (that is if it was not full title) or even that the assignment has been withdrawn?

I reside in Dawlish Warren but am not a rabbit.

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Hillsden and DLC are one and the same - they are part of the Faccenda Group. Hillsden themselves may have passed this on to another DCA for collection and you will be the only one not to be informed. You can safely ignore them all - there is no agreement - but if you want the default removed you can write to the CRAs again and tell them that Hillesden had no lawful right to process your data for this alleged debt as it is not yours. No agreement means no debt.

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I've written to the CRA asking it be removed (again) we'll see what they have to say, as for Hillsden passing it on, the new DCA states that their customer is the OC not Hillsden which is why I intend to question their (Hillsdens) original assignment letter.

I reside in Dawlish Warren but am not a rabbit.

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I can sympathise with you.

 

Mr. A E Locke and Hillesden/DLC are a bunch of tossers.

 

They will use the CRA's as a way of 'getting their own back' if you don't pay them and ever ask for a CCA etc.

 

I am in a constant battle with them and their dodgy CRA entries.

 

I have recently started to invoice them for admin charges re. letters to ask them to cease processing my data and correct the vindictive defaults they recorded on my credit file.

 

I fully intend to get them into court for this, starting with County Court for not paying my invoices.

 

In my case they basically 're-entered' a dead statute barred account on my credit file and hounded me for payment.

 

I personally think that DLC is used as a 'get out' for Hillesden when things get a little 'hot' for them.

 

STICK TO YOUR GUNS!

 

If they have no CCA then tell them to feck off immediately!

 

Don't imagine that for one minute that these tools are playing within the law, they just do not care.

 

RI

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I've took a snapshot of my credit file and will do again just prior to it rolling off the 6 years from date of entry and whilst I paid them as late as last year the entry should roll off at the beginning of next year....if it is added again in whatevr format I will use all possible means to have it removed an at the same time add my own set of costs against Hillsden.

 

The law/regulations are quite clear, a default remains on the file for 6 years from date of entry, should this not be so and Hillsden continue to breach the regulations I will without any doubt use said regulations to take them to task. I'll be interested to see just how the CRA acts when/if the default is added/re-added, I'm reasonably sure they're in with the DCA's

I reside in Dawlish Warren but am not a rabbit.

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  • 2 weeks later...

I started a thread yesterday without naming companies involved, but basically as above.

 

Both OC and H'dens have entries on my Credit File for the same alleged debt. Was advised that this should not happen and to write to CRAS, but in the light of the above, perhaps not worth the effort, although H's default is almost 12 months after OCs, so it WILL made a difference to the 6 year rule.

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I've had the same letter now for nearly a year...

 

Three years here!! I know what they are now so I return them back to them with "YAWN" "TRY AGAIN" "BLAH BLAH BLAH" etc written on the back!

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I agree!

 

A E Locke, Hillesden and DLC,

 

 losers who will tell you anything and break regulation and laws to get money off you.

 

Hmmmm, sounds a bit like criminals really!

 

If you know that your CCA is unenforcable just ignore their drivel and nonsense quotations.

 

As far as default markers and vexatious entries on your credit report goes then you just have to bide your time on this one.

 

From my limited knowledge I have assertained that the info held on us by the CRA's is pretty much fiction anyhow.

 

Sooner or later someone somewhere will suddenly wake up and realise that the CRA's are doing more harm than good.

 

Later!

 

RI

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