DLC - Help me

[whibbs]

Hi,

I have posted before regarding my Black Horse loan that I cant now repay. I have never recieved a reply from BH. They last said this was with Mackenzie Hall.

The debt passed around from pillar to post and the latest is DLC. I have had 3 letters and dont know what to reply. The latest says that DLC will instruct a solicitor to start legal action or visit and collect the debt personally and the only way to avoid this is to phone DLC. I cant eat or sleep now.

[jimbo45]

Hi there

Rule Nr 1 --NEVER EVER feel anxious by low life debt collectors.

Rule nr 2 -- NEVER EVER phone them --always Writing only and keep copies.

Rule nr 3 -- YOU are in control not them.

Rule Nr 4 -- if it DID go to court just say SO WHAT -- you don't have money so you can't pay -- a court might only make you pay as little as 1GBP a month -- YOU are in charge not them.

 

 

Now the first thing is to send the "Prove it" letter to DLC together with a request for the CCA. The chances are they won't have one although Black Horse aren't actually very nice -- more popularly known as LLoyds / TSB " Loan Sharking" division due to the excessive rate of interest they charge on their loans.

 

They have 12 + 2 days to comply with the CCA request. Send a 1GBP Postal Order via RECORDED DELIVERY.

 

That buys you some time --if the correct document ISN'T sent and chances are it won't be then the debt is LEGALLY in dispute and you don't have to pay anything until the correct paperwork is produced.

 

Look on the Forum for the "Prove it" letter template and the CCA request.

 

NOTE THEY CANNOT COME ROUND TO YOUR HOUSE AND THREATENING THIS TYPE OF ACTION IS ILLEGAL AND AGAINST OFT GUIDELINES. REPORT THEM IN ANY CASE TO THE OFT.

 

I'd suspect if they have sunk down to the level of "Door step" collections they WON'T have the correct paperwork in any case to go to Court.

 

Cheers

jimbo

[whibbs]

Thanks

do you mean I send

Letter N - Ask your creditor for a copy of your credit agreement under the Consumer C

Cheers

[Ell-enn]

Send any letters to DLC by recorded delivery and keep a copy for yourself. Print off the signature receipt from the royal mail website a few days later and staple to your copy of the letter - keep it in a safe place as you may need to prove they got it (DLC have a habit of not being able to find letters written to them!!).

Also, send the £1.00 fee by way of a postal order and write on the back "FEE FOR CCA REQUEST - NOT TO BE BE USED AS PAYMENT" write your name and address on the back also and take a phocopy of front and back of postal order. You need to keep one step ahead of DLC, they are a pain in the ****.

[whibbs]

Thanks

do you mean I send

Letter N

[Ell-enn]

Yes, letter N.

[whibbs]

Thanks all - its in the post

[whibbs]

What do I do now

[Ell-enn]

Hi there, I can't read your attachment it's too small.

[whibbs]

will email it to you and anyone else wants to help

cheers

[whibbs]

Try again to upload my letter for help.

Doc1.doc

[whibbs]

I wrote to DLC and reply was from Hilesdean Securities?

[sillygirl1]

They are the same company operating from the same premises, they don't even know which company is writing to which person about which debt at times.... par for the course for the murky world of DCAs.

 

You now can forget about this one if they haven't complied with the CCA request.

 

If they send anyone round there is a letter you can give them, they have NO rights, are NOT a bailiff and cannot do a 'pre court visit assessment' as some DCAs like to spout so there is little they can do. You can report them for trespassing if they sit in a car outside for a while....

[whibbs]

Just got this letter

What do I do now

Doc1.doc

[whibbs]

HELP - I am worried

[Stigman]

Hi Whibbs,

DO NOT BE WORRIED!

This is exactly what they want, DCA's thrive on fear and intimidation.

Send Atkins this... http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

Because DLC?Hillesdons have not compilied with your CCA request, send DLC/Hillesdons the account in-dispute letter.

Also report DLC/Hillesdons to OFT and Trading Standards via Consumer Direct and the Information Commissioners Office for passing a debt on whitch they have not complied to.

Best Wishes

Stigman

 

P.S. Anyone from DLC looking in, Hows the chicken farm

[whibbs]

AOK - many thanks

1. Got Atkins in post.
   
2. Where is the template to send DLC?Hillesdons account in-dispute letter?
   

Cheers

[Stigman]

Hi,

I don't know because they have changed the template section around, this iss one from my computer copied & pasted below...

Send via recorded delivery, do not sign, print your name only.

It doesn't copy well so you will have to edit to suit in your word software.

 

Dear Sir or Madam,

ACCOUNT IN DISPUTE

Re: my request under the Consumer Credit Act 1974

Thank you for your letter dated INSERT DATE, the contents of which are noted.

Your attention is drawn to the fact that this account is subject to a serious dispute.

On INSERT DATE OF CCA REQUEST SENT I requested that INSERT

COMPANY/DCA NAME supply me a copy of the credit agreement covering this

account pursuant to the Consumer Credit Act 1974 section 78. To date INSERT

COMPANY/DCA NAME have failed to comply with my request. Without production

of the said agreement I am unable to assess if I am indeed liable for any alleged debt

to INSERT NAME OF ORIGINAL CREDITOR, nor does it give me any chance to

evaluate whether any original agreement was ‘properly executed’ as required by the

Consumer Credit Act 1974.

For the avoidance of any doubt I have included section 78(1) and 78(6) of the

Consumer Credit Act 1974, which states…

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the

prescribed period after receiving a request in writing to that effect from the debtor and

payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if

any) and of any other document referred to in it, together with a statement signed by or

on behalf of the creditor showing, according to the information to which it is

practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the

creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw

further on the account, will later become payable under the agreement by the debtor to

the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

Clearly as no agreement was supplied on request, this in no way complies with the

requirements of the Consumer Credit Act 1974 and I now draw your attention to

section 78 subsection 6 which states If the creditor under an agreement fails to comply

with subsection (1) he is not entitled, while the default continues, to enforce the

agreement;

Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the

debt is unenforceable at this time. In addition, I draw your attention to section 127 (3)

Consumer Credit Act 1974 which states

127(3) The court shall not make an enforcement order under section 65(1) if section

61(1)(a)(signing of agreements) was not complied with unless a document (whether or

not in the prescribed form and complying with regulations under section 60(1)) itself

containing all the prescribed terms of the agreement was signed by the debtor or hirer

(whether or not in the prescribed manner).

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the

highest court in the land. Your attention is drawn to the authority of the House of

Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a

document does not contain the required terms under the consumer credit act 1974 the

agreement cannot be enforced.

To clarify S.61(1) states

(1)A regulated agreement is not properly executed unless—

(a) a document in the prescribed form itself containing all the prescribed terms and

conforming to regulations under section 60(1) is signed in the prescribed manner both

by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms,

and

© The document is, when presented or sent to the debtor or hirer for signature, in

such a state that all its terms are readily legible

In addition the prescribed terms referred to in section 60 CCA1974 are contained in

schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI

1983/1553) and are inter alia: - A term stating the credit limit or the manner in which

it will be determined or that there is no credit limit, A term stating the rate of any

interest on the credit to be provided under the agreement and A term stating how the

debtor is to discharge his obligations under the agreement to make the repayments,

which may be expressed by reference to a combination of any of the following—

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and

any power of the creditor to vary what is payable

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is

unenforceable and should this proceed to litigation, a court is precluded from making

an enforcement order under section 127(3) unless a true copy of the signed agreement

is produced..

At the point where this account entered into the default situation as described in s78

(6) CCA 1974 no other charges are allowed to be added until such time as INSERT

COMPANY/DCA NAME become compliant with my request. As INSERT

COMPANY/DCA NAME are still not in compliance with my request I insist that the

following takes place with immediate effect

All entries which refer to missed payments be removed from our credit files.

All collection activities cease with immediate effect.

In addition, I draw your attention to the Office of Fair Trading’s Guidance on Debt

Collection...

The OFT guidance which was issued July 2003 (updated December 2006) relating to

debt collections and what the OFT considers unfair, I have enclosed an excerpt from

page 5 of the guidance which states...

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and

continuing to make unjustified demands for payment

What I Require.

I require that you send me a true copy of the executed agreement as required by the

Consumer Credit Act 1974. If you are unable to supply the requested documentation

because no such agreement is in existence I require written clarification as such.

I require that you comply with my request within 7 days of the date of this letter. I will

not correspond any further with you until I either receive a copy of the requested

documents as laid down in section 78(1) CCA 74 or clarification that such agreement

doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the

above information you will be in breach of the Administration of Justice Act 1970

section 40 as well

No other correspondence will be accepted

Should you attempt litigation it will be vigorously defended and the failure to supply

documentation under the CCA 1974 is a complete defence to any legal action and

your actions will be vexatious and unlawful

I trust this out lines the situation

Yours Faithfully

Print Your Name (DO NOT SIGN)

 

------------------------------------------------------------

 

Best Wishes

Stigman

[whibbs]

Thank you

[Ell-enn]

and send by recorded delivery of course.......

[whibbs]

See above

Wrote to dlc as above

Got this fom hilesdean today

What can I do now

Pleaseeeeeeeeeeeeeeeeee

[whibbs]

See above

Wrote to dlc as above

Got this fom hilesdean today

What can I do now

Pleaseeeeeeeeeeeeeeeeee

[whibbs]

As above

I wrote to DLC and new reply from Hilesdean Securities

Atkins no response to my letter

Se attached

[Master Chief]

Your images are too small to read.

[whibbs]

sorry - is that any better ?

Doc4.doc