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DLC sending begging letters again!! Anybody else got one? Associates card


Windywoo
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I really can't believe this!

 

In Novemeber 2008, I had written confirmation from AE Locke at our Hillesden friends, that they were unable to obtain any documentation for an old Associates card I allegedly had in 1999. They returned my £1 (bearing in mind I CCA'd them in March 2007!) and told me I wouldn't hear from them again!

 

Over the past month I've received two statements of alleged account from DLC, begging me to pay - idiots!!

 

I just wondered, has anybody else got one of these, particularly after they were told the account was irrecoverable?

 

Cheeky b***ers!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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For 4 months now they send me a letter to say they are still waiting for the CCA from the OC. Then a week later a begging letter or a postcard in an envelope asking me to call them.

 

Each time I send them the account in dispute letter and charge them £25 admin fee for my time and materials costs. As soon as it builds up to a nice amount, I'll be sending them a final notice to pay, giving 10 days. Then in goes the court claim for the amount they owe me + costs.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Report them to OFT.

 

 

I agree they are chasing you for a debt that even they have said doesn't exsist

I hope you still have that letter.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I agree they are chasing you for a debt that even they have said doesn't exsist

I hope you still have that letter.

 

Thankfully I have!!:lol:

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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The begging letters have stooped for us but we receive their monthly letter just keeping us informed that they are trying to locate the cca and will update in 28 days. Nice of them to keep us updated on something that doesn't exist!

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  • 2 months later...

Update:

Sent them a letter telling them that they had already written and confirmed there was no CCA, a copy of that letter what enclosed, and to stop sending the begging letters!

 

This is their reply:

 

Thank you for your letter dated XXXX regarding the above account, I can confirm and advise the following:-

 

The ruling in the case of McGuffick V RBS clarified the numerous interpretations of what is considered "enforecement". Should you want to view the judgement in it's entirety, it is easily accessible on the internet.

 

The demanding of payment is not considered enforcement and purely a step prior to the commencement of proceedings, therefore your account will remain with our collections department for collection activity to continue.

 

Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay, remains intact.

 

The reporting of data to the credit reference agencies and related activities do not constitute enforcement for the purpose of the Consumer Credit Act 1974. Our agreement with the CRA, as well as the rules which govern the use and sharing of such information require Hillesden to report account level data this way, Under the Data Protection Act 1998, Hillesden must report accurate and up to date information at all times. As this account has been used and a debt has been incurred, this will be recorded to the CRA. Similiarly any payments made towards the account will also be reported.

 

I trust the above information resolves the matter.

 

Yous sincerely Blah blah

 

So, I got this letter last month, and since then have had another begging letter - what can I do next, hit them with another letter - what do I say - or just ignore them?!

 

Any ideas, please.

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Ignore them, it's what I chose to do and I had exactly the same McGuffick letter from them approx 6 months ago. When they realise you're ignoring them they'll most likely

farm it out to another DCA but essentially no enforceable credit agreement and they're out on a limb.

 

For me personally, Hillsden/dlc / dca's in general take a chance when purchasing debts for pence in the £ and if they're stupid enough to buy debts in bulk with the majority of those debts

having little or no paperwork attached to them that would give enforceability then it's their hard luck that they cannot claim on them. Of course they'll pick up on latest

judgements that they think swings the ball in their favour but totally ignore those judgements that put them on a sticky wicket.

 

My opinion is that you should ignore their latest effort, they're just trying to badger you in to playing ball with them.

I reside in Dawlish Warren but am not a rabbit.

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Dear Morons

 

Thank you for your letter dated (date), the content of which is noted.

 

On (date) I sent you a formal request pursuant to s.77/78(1) of the Consumer Credit Act 1974. You replied on (date) confirming that you are unable to comply.

 

I write to inform you that I will not enter into any further correspondence with you on this matter, unless or until you comply fully and properly with my formal request. You are clearly aware that the debt is unenforceable. I find your demands for payment, whilst futile, distressing. In the circumstances I will consider any further contact from you (in the absence of your full compliance with my request) to be a course of conduct amounting to harrassment. The Protection from Harrassment Act 1997 sets out the penalties for this. Should you wish to view the legislation it is easily accessible on the internet.

 

Yours etc.

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  • 4 months later...

CAGers - sorry to be resurrecting this thread again!!

 

Are those of you who had confirmation from Hillesden that their alleged accounts were unenforceable, still getting their monthly begging letters - I got another one this morning, and I'd really like to put a stop to it!

 

Now I know they are relying upon the McGuffick case, but has anyone any ideas of how to put an end to this harrassment - how can they ask for money when they have no paperwork?

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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CAGers - sorry to be resurrecting this thread again!!

 

Are those of you who had confirmation from Hillesden that their alleged accounts were unenforceable, still getting their monthly begging letters - I got another one this morning, and I'd really like to put a stop to it!

 

Now I know they are relying upon the McGuffick case, but has anyone any ideas of how to put an end to this harrassment - how can they ask for money when they have no paperwork?

Yes, sometimes two letters a month each saying the same (we are trying to locate it and will update in 28 days). I'd just file away and not worry about it.

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At present I am dealing with both Hillesdens and DLC - they seem to alternate their correspondence.

 

As 'proof' of the fact that they have no idea what they are actually chasing, they are informing me that it is a credit card debt from a certain bank. They are 'attempting' to get the paperwork from the OC.

 

I know that this is not a credit card debt, and I know what the amount they are claiming is - PPI added to a loan so I await their 'paperwork' with interest!!

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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