Hillesden Aplins Help please

[mackembulldog]

Hi Guys..we have been here before. About four years ago I CCA Ruthbridge about a debt that they said I owed Hillesdens.

Cut a long story short, heard nothing more from Ruthbridge and had a Deafult logged against my file nearly 5 years ago by Hillesdens (I thought the CCA to Ruthbridge would stop any such action)

Anyway, today received a letter from Aplins stating that I need to contact Hillesden about an alleged debt in that if I do not reach full payment or arrange an agreement within 7 days legal proceeding may be commenced.

Now then...

Im just about to send Hillesdens the same CCA I sent Ruthbridge regarding the same alledged debt.

Once they receive this surely this can no longer go to Court as this is in dispute (it was originally over 5 years ago when I sent the original CCA)??

 

Please help!!!!

[huggys boss]

Sounds to me like they are trying to frighten you into paying or acknowledging the debt just before it becomes stat barred.

 

Not too sure about the CCA thing, I thought that if they couldn't provide a valid CCA then the account was in dispute and they could do no more with it until they found your agreement.

 

I am sure somebody will advise you further soon.

[mackembulldog]

Sounds to me like they are trying to frighten you into paying or acknowledging the debt just before it becomes stat barred.

 

Not too sure about the CCA thing, I thought that if they couldn't provide a valid CCA then the account was in dispute and they could do no more with it until they found your agreement.

 

I am sure somebody will advise you further soon.

 

Cheers.. a CCA is on its way and also a copy sent to Aplins solicitors. Heard nothing from anyone for 5 years and now this. The default ends in Dec 2011 but would have thought that the initial debt itself was statute barred anyway as Im sure MBNA sold Hillesdens the debt over six years ago

[harrassed senior]

You could have sent either the account in dispute, or prove it letters, you should not have to cca twice.

[mackembulldog]

You could have sent either the account in dispute, or prove it letters, you should not have to cca twice.

 

Well its done again now... never mind. I thought possibly that they would discount the one to Ruthbridge as they werent the holders of the account

[Seminole]

I would send the stat barred letter as well as it sounds as if it could be and that would stop everything dead.

[diddydicky]

but make sure you refer to it as an alleged debt and that in any event- evn if it were a valid debt it would be statute barred

 

personally i would not write at all and just ignore them

 

they have seen that there is only a year left (if that) and are trying it on

[mackembulldog]

Hi Guys

 

Just been checking through some of my paperwork etc. The last dealings I ever had with MBNA was May 2005.

I cannot find any reference to MBNA on my credit file at all. Hillesdens actually logged a Default against my file listing the default date as Dec 2005. So we arent in statute barred territory here.

 

Id appreciate some further help guys on where to go from here. Ive been fighting to get this default off my file for so long now its really starting to get me down, coupled with the fact that Im still being chased despite 2 previous CCA's.

[huggys boss]

Give them the 12 + 2 days to respond to your CCA request. If they cannot produce it, then send them account in dispute letter.

 

Make sure you send everything by recorded or special delivery (so you can track when they were signed for) and NEVER sign anything, always print your name.

 

If they cannot produce your CCA, and you have not acknowledged the debt, then in May 2011 (assuming this was the last time you either paid or acknowledeged) your account should be statute barred.

[mackembulldog]

Give them the 12 + 2 days to respond to your CCA request. If they cannot produce it, then send them account in dispute letter.

 

Make sure you send everything by recorded or special delivery (so you can track when they were signed for) and NEVER sign anything, always print your name.

 

If they cannot produce your CCA, and you have not acknowledged the debt, then in May 2011 (assuming this was the last time you either paid or acknowledeged) your account should be statute barred.

 

This is where Im a bit concerned. Back in 2006 I was threatened by Hillesdens that they would send baillifs round to my mothers house if I didnt pay them (I had just come out of a divorce and moved back to my mothers). Regardless of their tactics I paid what I could (jobless) until I found out some info in here. Ive actually paid them in the region of £700.

Do I take it that if this account is in dispute etc and cannot be legally enforced (failure to produce relevant douments etc) that the Default should never have been logged against me?? How would this be removed? After 6 years of the default date?>

[huggys boss]

Not too sure where you will stand here. By making payment ine 2006, you have in effect acknowledged the debt.

 

Did you CCA them prior to making the payments in 2006?

[mackembulldog]

Not too sure where you will stand here. By making payment ine 2006, you have in effect acknowledged the debt.

 

Did you CCA them prior to making the payments in 2006?

 

I didnt even know about this group let alone CCA them then. I was advised on here that regardless of any payment to them it is not neccessarily acknowledged and any payment could be returned to me if they fail to supply any documentation for this debt. By the time I saw this site, Ruthbridge were being their usual threatening self, so they were CCA'd, also sent them notice of any attempt to go near my mothers property would be seen as trespass and that any more calls would be recorded and logged as harrasment. Heard nothing more till 2 weeks ago. That was then.. so why has it been left till now, if Hillesdens thought they could pursue?

[huggys boss]

They are just trying their luck. For every 100 of these unenforceable debts they try to enforce, maybe 80% will panic and pay.

 

Just sit tight and wait for their response to your CCA request. If nothing is forthcoming, then send them the account in dispute letter.

 

You have to give these firms credit for trying. I got a letter the other day for an account which has been in dispute since 2008. Its the 4th dca that has attempted to collect on it since it went into dispute

 

Without that CCA, there is not a great deal they can do, and then you are in the position of power. If you chose to pay it, it is on your terms, if you refuse to acknoweldge the debt it is their tough luck

[littlebert8]

Don't be surprised if you get a Count Court Claim for for this debt. Search the forum and you will find some other threads where Aplins have indeed started action on behalf of Hillesdens.

[mackembulldog]

Don't be surprised if you get a Count Court Claim for for this debt. Search the forum and you will find some other threads where Aplins have indeed started action on behalf of Hillesdens.

 

How can they start a county court claim if the debt is unenforceable?

[Seminole]

There's nothing to stop them making a claim which you would have to defend or apply to have it struck out. Actually there are provisions to stop people making loads of vexatious claims but I don't think they would apply here.

[mackembulldog]

There's nothing to stop them making a claim which you would have to defend or apply to have it struck out. Actually there are provisions to stop people making loads of vexatious claims but I don't think they would apply here.

 

I see. Would part of my defence include the fact that both DLC and Ruthbridge were CCA'd without reply (over 4 years ago) and that Hillesdens have also been CCA'd?

 

Sorry I sound very ignorant here. I would guess that the next steps would be to defend any court claim as soon as I receive it and continue with the current CCA route with Hillesdens (clock still counting down to the 12 days).

 

The debt would be statutue barred come May 2011 and the default should be removed DEC 2011 (even though I still feel that they didnt lawfully add it in the first place). The last thing I need now is a CCJ

[Seminole]

If they can't supply a CCA compliant original agreement that is a very strong defence. It should be an absolute defence but some judges are a but funny.

[mackembulldog]

If they can't supply a CCA compliant original agreement that is a very strong defence. It should be an absolute defence but some judges are a but funny.

 

Heres hoping!! Would still like to know how much they purchased this from MBNA for. The card only had a limit of £3000 yet they claim that the debt is over £4000. To be perfectly honest, if they bought the debt for say £1500 I would, under special circumstances of default removed etc and no acknowledgement of the debt, be willing to pay that. Considering they have had over £700 of that already. £800 to pay.... but then I doubt they would swing for that

[mackembulldog]

Hi guys... its been two weeks since I sent the CCA to Hillesdens and have heard nothing back as of yet. How long is it before I send the account in dispute letter? Is it 12 days from sending the letter of 12 working days plus two (for the mail)

[mackembulldog]

Just used the Post Office track and trace to find out when this CCA was signed for (signed for 03/08/2010). Give or take a day the 12 days will be up come Friday next week. Given they have had this letter for 2 weeks Im suprised I havent even received a bog standard letter confirming the receipt.

I have had no response either regarding their original letter from Aplins, do you think they are trying to lodge a claim with the court regardless?

[mackembulldog]

Received letter from Hillesdens this morning as follows:

 

Thank you for your recent letter regarding the above account. I can confirm and advise the following:- Their letter dated 12th August

 

I acknowledge the receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974

 

We are still awaiting a copy of your original agreement and statement of account from the original lender MBNA. When these become available they will be forwarded to you (they have had five years to get this)

 

If we are unable to forward a copy of the original agreement , we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974. (what does this mean if they cant find a copy what is this original?)

 

We would like to draw your attention to the ruling in the case of McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement"; the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the Credit Reference Agencies as this is also not considered as enforcement. (lost me on this)

 

Whilst we may not be able to enforce the agreement until this documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact. In view of the above judgment the account will remain with our collections department for collections activity to continue.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no further developments beforehand (21 days!!! That says to me they dont have a signed agreement and will go beyond the 12+2)

Id really appreciated some advice on this, as Im not sure where this leaves me and the legal bits and bobs I cant get my head around

[mackembulldog]

Bumpety bump...