Jump to content


Hillesden Securities respond to CCA request with this...


zosaphine
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4939 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello

 

I'm helping out my friends Sister, as English is not her first language, and she is struggling with all of the things the DCA are saying to her.

 

She received a demand from Hillesden Securities for money owed to Barclaycard. I helped her with the CCA letter (using the template form this thread).

 

She received this letter over the weekend:

 

Dear Miss XXX

 

Thank you for your recent letter regarding the above account. I can confirm and advise the following:

    I Acknowledge receipt of your payment of £1 in onnection with your data request under the Consumer Credit Act 1974.
    • We are still awaiting a copy of your original agreement and statement of account fromt he original lender barclays. When these become available, they will be forwarded to you.
    • If we are unable to forward a copy of the riginal 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.
    • We would like to draw your attention to the ruling in the cas eof 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 enforcement.
    • Whilst we may not be able to enforce the agreeement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remain intact. In view of the above judgement 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.

 

Yours sincerely

 

Squiggle (totally illegible).

 

DATA CONTROLLER

 

(No name given as to who this may be).

 

Advice please?

Link to post
Share on other sites

Got the exact same letter from them. About 2 weeks later received a torn of slip with my signature, some random statements (showing that it had been sold) and 5 pages worth of T's & Cs which had nothing to do with the torn off signature slip.

Ive asked on the board here if what they supplied was enforceable but I havent had a clear indication of it yet.

Ive sent a new later to Hillesden/DLC basically arguing that they have sent a reconstituted agreement and that my account is still in dispute and unenforcable. Mind you I have also tried to chance my hand at a final settlement figure so long as they remove all details registered against me and mark the account paid in full.

In your case I would wait to see what they come back with. Hopefully they have nothing, but should you get something back, scan it and post it on here (minus any personal details) and Im sure that somebody more informed than me will advise

Link to post
Share on other sites

Hi

My friends sister today had a response letter from them stating:

 

"At date of agreement of the account was not regulated by CCA 1974, and therefore no copy is available"

 

The sent lots of statements, and then threatened further recovery action as statements were proof..

 

Advice please..

Link to post
Share on other sites

There is a letter I would suggest sending, however, I am having horrific computer problems at the moment so do not have access to my links.

 

Basically what they have send satisfies your CCA request according to the case they have quoted. However, as they have 'tried' to fob you off with various very poor excuses, nevertheless that is as good as admitting there is no paperwork available to enforce this debt in Court, and as such, until they produce the correct documentation, the account is in dispute and should not be persued. Hopefully someone will have access to the OFT guildelines which you can quote back to them.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...