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abbey(other DCAs )NOW hillesden/dlc?


happyhamr
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hellow every body,posted on here before(certain topics)and find it

"Excellant"

 

1- had original loan with abbey in 2005;

2-making payments ok untill ,april08(difficulties),then got a DN aug08 and a letter from Westcot dca in "arrears"blah/blah,was pooing my "pants at the time,.got help , paid arrears(relatives:))workng / paying again.

3-problems again. another DN (MARCH09),arrears again,and another DCA,

"Debt management recovery services"-april 09,

4-Another DN,dated 2/5/09.I did not do any thing relating to this ,and then recieved a letter dated 7of july from abbey stating - (another DN)

 

''Important - you should read this carefully.

This is a letter confirming termination of your unsecured loan agreement with the Abbey National PLC'' ? dated 7/7/09 Arrears *******

 

BLAH BLAH BLAH

 

''The following actions set out below will now be taken against you without further notice''

 

1 - The outstanding balance on your account will be either passed or sold to a debt collection agency for recovery of the outstanding balance.

2 - Default information will be passed to the Credit Reference Agencies to which we subscribe.

 

5-The next letter i recieve is from DLC dated 7/9/09 stating,

This debt has been assigne to Hillsden securities ltd,trading as (DLC).

This means that Abbey National 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 your credit file within 30 days of you receiving this letter:eek: (the thing is i recently received copy of my credit report,no mention of abbey just that "HILLESDEN" are on it,stating

"DEFAULTED" 08/07/09:eek: "HOW can this be?

 

6- Letter dated 14october09(DLC/client hillesden)

We can confirm the following payment plan has been "agreed"

amount £1.00,frequency monthly,To start from 30/10/09(is this good i have a letter like this?)

7-Have been of since November,(still waiting for operation on my back,so

finding thess forums has been ,very,very usefull:wink:

8-Have been making £1.00 payments ever since(cant afford any moreATM)

9 - should i do a CCA request/ and who too?

10-sorry for the thread,going on and on and on,but i thought i would put

down as much information as can(no scanner/crap on computers,its taken

me ages just writing all this down:?

11-Any "help",advice/info on how to proceed would be very much "appreciated"

12-I "feel" some thing is not quite right. "Thanks again",happyhamr:)

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Hi, Happy,

 

I've only been learning about CCAs over the last few months, to answer your question 9, it sounds to me like you should CCA Hillesden (Hillesden Securities Ltd, yes?) with a £1 postal order & remember to print not sign your name on the CCA request letter, which is here

 

Also you might like to do a search in the Debt Collection Industry forum (here) to find others who have experience of Hillesden. To answer your question 6, it's always good to keep all correspondence from DCAs, I have boxes of it in my storage cupboard! Saving it for Bonfire Night 2010 ;)

 

Hopefully someone will be along who can give more advice than I can.

 

Take care, all best,

H.:)

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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4-Another DN,dated 2/5/09.I did not do any thing relating to this ,and then recieved a letter dated 7of july from abbey stating - (another DN)
Can you scan that DN and post it up after removing identifiers?
9 - should i do a CCA request/ and who too?
Yes to whoever is demanding money now.

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sorry,cerberusalert can not scan it(have not got one),but i will type it up

exactly how it appears. In the "DARK AGES"any thing to do with

COMPUTERS:confused:

 

IMPORTANT-YOU SHOULD READ THIS CAREFULLY

This is a letter confirming termination of your unsecured loan

agreement with Abbey National Plc

 

Dated: 07/07/09 Loan Number: ***** ********

Arrears: £*****

 

This letter is provided subsequent to the default notice issued to you in accordance with section 87 of the Consumer Credit Act 1974 and our recent letter notifying you of our intention to register default information at the Credit Reference Agencies.

 

We are now informing you that as you have not complied with the actions required under the default notice and paid the overdue amount on your account, your loan agreement has been terminated.

Furthermore, any existing Payment Protection Insurance in respect of this loan agreement has been cancelled.

 

THE FOLLWING ACTIONS SET OUT BELOW WILL NOW BE TAKEN AGAINST YOU WITHOUT FURTHER NOTICE:

 

1 - The outstanding balance on your account will either be passed or sold to a debt collection agency for recovery of the outstanding balance.

 

2 - Default information will be passed to the Credit Reference Agencies to which we subscribe.

 

Cerberusalert, this is how the DN is. Thank you for input,"Appreciated":)

 

Hope this "helps",regards happyhamr:)

 

sorry so late posting,i am off to bed. Good night all:-)

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That's the 'Termination Notice', what does the 'Default Notice' say?

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sorry, i thought the letter dated 7/7/09 was DN because it

mentioned(section 87) I do appologise:-?

 

The actual DN was dated 02/05/09.I will type it up exactly how it appears.

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

This is a default notice served under section 87(1) of the

Consumer Credit Act 1974.

 

Dated: 02/05/09 Loan Number: ***** ********

Arrears: £******

Re: Your Loan Agreement With Abbey.

PROVISION OF AGREEMENT BREACHED: The clause which requires you

to make payments at the time stated in the agreement.

 

NATURE OF BREACH: Failure to pay the over due amount.

 

ACTION REQUIRED TO REMEDY: Payment of the overdue amount of

£****** to us within 14 days of service to this notice.

 

If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach. If you do not take the action required by this notice before the date shown then the further action set below may be taken.

 

If the payment required is not received by us before the date shown we shall become entitled to demand payment of the whole outstanding balance of your account. We may take legal proceedings against you for the recovery of this balance which currently stands at £#### or we may refer your account to debt recovery agents.

If payment of this balance results in us obtaining payment before the sum would become due under the Arrangement, we shall allow any appropiate rebate of charge.

 

If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest Citizens Advice Bureau. If you have difficulty in paying any sum owing under the agreement or taking any other actioned required by this notice, you can apply to the court which may make an order allowing you or any surety more time.

In your own interests you are strongly advised to contact the company by telephone on 0845 6040377 quoting the above reference number if you cannot pay the arrears in full.

Enc: OFT Default Information Sheet.

Minicom users please dial via Type talk on 18001 0845 6040377

 

THE END:)

 

so the letter dated 7/7/09 is a Termination Notice,and the letter dated

2/5/09 is the DN.

Hope this helps.I have no scanner so have to type

every thing at the moment .

Thank you once again,cerberusalert,

happyhamr:)

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That default is defective in a couple of points, the first is that they have only allowed you the 14 days to remedy they have neglected to allow for service by post which is 2 days 1st class or 4 days 2nd class. The other point is it is not date specific.

 

Because they have terminated on the back of a defective default notice they have 'Unlawfully Rescinded' the agreement & can only legally claim the arrears at the time of the default.

 

What would be nice now is if the CCA is defective too, did you request a copy?

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Thank you once again,cerberusalert:)

 

I have not CCA requested yet,but i will do shortly.

 

I have been looking around the forums today and i found something

quite "Intresting" in the (debt collection industry-Abbey loan+Hillesden)

 

The CCA looks exactly like mine,but mine does not have any signiture box

in the bottom left hand corner.:eek:

 

Do i keep paying my £1.00per month,as agreement 6-("we can confirm the

following payment plan has been agreed or just do the cca request and see what is sent back?

 

Also what should i do about the "Default notice"on credit report.(should

Hillesden even be on it):rolleyes:

Thanks ever so much,cerberusalert.

happyhamr:)

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Also what should i do about the "Default notice"on credit report.(should

Hillesden even be on it)

You could keep that to yourself for now,

 

Send for the CCA and see what that throws up, the more ammunition the better ;)

 

As for paying them £1 pm, that's a decision only you can make. ;)

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Send them a letter accepting the unlawful rescission and stop further payments.

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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hellow :)

 

could someone please explain what is unlawful recission?.............OR

 

Do i just say,Dear hillsden i accept the unlawful recission of agreement

number ********,and stop making my £1.00 payment?

sorry i am not to sure ,atm (this all new to me:confused:)ish...?

Is it definately hillesden who i would have to write to?(not sure what to

write.

 

what are likely consequences of letter:roll:,to hillesden?

 

thanks people:) thank you cerberusalert:)

 

happyhamr

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Send it to Abbey with a copy to Hillsden, just say that you accept Abbey's unlawful rescission of the agreement & quote your a/c ref no.s. and stop payment.

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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I accepted the unlawful rescision on my account, they wernt happy and have the cheek to send me new statements even though they zerod the account due to termination and confimred in letter. Now funny enough since telling dca to remind them I accept their actions the ammount has reappeared in the account as debit.

 

Its magic xx

 

But of course handy for when they next threaten court,

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Thanks for your replies,is the address i send letter to abbey the one

dated 7/7/09?(termination letter address?)

I know (hillsden-address)

 

is it ok to send these letters.(no time issues,with it being nearly a year ago?)

Just want to "clarify"......

 

Cheers,cerberusalert and loopinlouie.

happyhamr:)

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Thanks for your replies,is the address i send letter to Abbey the one

dated 7/7/09?(termination letter address?)

Yes
is it ok to send these letters.(no time issues,with it being nearly a year ago?)

Just want to "clarify"......

Have you made payments during this time?

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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I see you've been paying £1 per month for 8 months, there was a recent case where a judge wouldn't accept the defence of 'unlawful rescission' because the defendant had continued making payments ergo they hadn't accepted the rescission. :( It's not necessarily a disaster in itself, but hopefully any CCA they send will be defective.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Still send the acceptance to Abbey as well, it still may be useful. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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  • 1 month later...

hellow:) (update)

 

i have cca requested hillesdens. (7/7/2010)

 

received letter back from hillesden(the"i will up date you in 21 days,blah blah)

 

 

last bit states; Whist we may not be able to enforce the agreement until the documentation is provided,the monies remain outstanding and the underlying obligation to repay remains intact:rolleyes: In view of the above judgement the account will remain with our collections activity to continue

 

update in 21 days ,,,,,,,,,,,,blah

 

yours sincerely A E Locke

Director& Data Controller

Direct Line: 01280 707513

sorry could not write whole letter out:(i finger:))but i know you good people "get my gist":)

 

what should i do next:) thanks happyhamr:)

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Nothing, the a/c is in dispute until they provide an enforceable CCA.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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