direct legal & collections/ barclays

[shadowdog]

I had a current account with an agreed overdfraft with Barclays and it was closed in 02 due to me being in debt.

 

I was paying a DCA a nomimal amount monthly but stopped approx. 6 years ago as I could not afford the payments.

 

In the meantime the debt was passed to a company called Hillesden Securities and several DCA's have been chasing me ever since.

 

A company called direct legal & collections are now dealing with this and I sent them a CCA request to which they never replied but deducted the £1 postal order from the outstanding amount.

 

In May I sent a letter asking them to prove I owed the debt, this was also ignored.

 

I'm not sure when the last payment was made on this debt but it has got to be around six years ago so I'm not sure if it will be statued barred, and the fact they deducted £1 from the debt, will this count as a payment?

 

A letter arrived today saying they are passing the account to their debt surveillance programme and they will make regular reviews into my financial circumstances to assess my suitability for litigation action and they will continue to report my detault to credit reference agencies.

 

I have been unable to work for the past six years due to ill health and live on income support.

 

I am totally confused where I stand legally now and dont know what to do next.

 

Can anyone help please?

[rebel11]

Hi Shadow

 

I would send Barclays a SAR Request, enclosing a Postal Order for £10, send it recorded. They will send you all the data on the account, including statements.

They have 40 days to respond. You can then see when you made the last payment and if the account is Statued Barred. The £1 for the CCA Request is a legal request, they need to return that to you. I would send them a letter requesting it back. Send it recorded. Tell them you'll take legal action if it's not returned. It wouldn't count as a payment. By taking the £1 as payment

they must be in breach of the CCA 1974 (AMENDED).

If they've got to review it, it's bull. Scare tactics, don't be scared.

[Stigman]

Hi Shadowdog,

A CCA request does not cover overdrafts, but the £1 fee should have been returned to you as it clearly states on the CCA template letter that it is not to be used for any other purpose.

If 6 years have passed without payment (5 yrs if you live in Scotland), then the debt is statute barred.

Send DLC first of all the prove it letter and see what they come back with, this will confirm last payment dates etc. Send by registerred post, print your name and never sign...

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

Hillesden and DLC are one of the same operating out of offices next to a chicken farm in Banbury.

Best Wishes

Stigman

[shadowdog]

Thanks for that I have already written a letter asking them to prove i owe the debt in July this year. I sent it to a company to Phillips who got involved somewhere but have since lost their address. I heard nothing back from them. Should I send another prove it letter to dlc? i'm totally confused by all of this and the same as the CCA request I cannot remember who I actually sent it to but it was'nt dlc.

[PGH7447]

Thier "debt surveillance programme" - what the f:lol::lol:k is that, what will they think of next - ???

[shadowdog]

I have just found the address for philips (specialist bailiff and debt recovery agents), they are based in Darlington and they started harrassing me in May and June, that was the reason for me sending the letter to prove I owed the debt to them, and as previously stated i never heard anything back from them!!

[Stigman]

Should I send another prove it letter to dlc?

Send the prove it letter to DLC if they are the DCA chassing you now.

[postggj]

Hillesden and DLC are one of the same operating out of offices next to a chicken farm in Banbury.

Best Wishes

Stigman

 

JUST A BIT OF INFO

 

DLC AKA HILLESDEN SECURITIES ARE BASED IN BRACKLEY NORTHANTS

 

THE DIRECTOR OF DLC LIVES IN HILLESDEN OUTSIDE BRACKLEY AND OWNS NOT A CHICKEN FARM BUT A CHICKEN FACTORY (FACENDA)

 

THIS FACTORY IS BASED ON THE WILDMERE INDUSTRIAL ESTATE IN BANBURY OXFORDSHIRE

[postggj]

Eight guests

 

am i being stalked

[Stigman]

 

JUST A BIT OF INFO

 

DLC AKA HILLESDEN SECURITIES ARE BASED IN BRACKLEY NORTHANTS

 

THE DIRECTOR OF DLC LIVES IN HILLESDEN OUTSIDE BRACKLEY AND OWNS NOT A CHICKEN FARM BUT A CHICKEN FACTORY (FACENDA)

 

THIS FACTORY IS BASED ON THE WILDMERE INDUSTRIAL ESTATE IN BANBURY OXFORDSHIRE

 

Was doing it off of memory Postggj, it's now an old memory (just turned 38 lol)

[postggj]

No worries

[postggj]

Dlc are very minor league and have notions of grandure as they have just spriuced up there offices

 

same crap

different nappy

[shadowdog]

I have sent prove it letter to dlc and have found statement from them stating a credit of £1 was made to a called Ruthbridge in Feb 2009. This was a CCA request and they have credited as a payment. I do not have the address of Ruthbridge any more, not sure what to do about this can anyone help please, Im worried they will use this as a payment

[shadowdog]

Just before I post prove it letter to them Im wondering if that is the correct letter as I have found a statement clearly stating that they credited the account with £1 in Feb 2009, they have used the £1 I sent with the CCA request to Ruthbridge. I do not have their address so cannot contact them and think it would probably be ignored anyway.

Im totally confused now!!!!

[PGH7447]

the £1 was for the CCA, what they did with it as no bearing on the letter or outcome

[DonkeyB]

I think a letter making clear the £1 was a CCA request is in order, and that the money was to be used for no other purpose; the account is almost certainly SB, but the prove it letter should help sort this.

 

In the meantime, as the account would have been originally defaulted in, say, 2002, then the default should have dropped off in 2008. Further payment (even though they claim you paid AFTER that date in 2009) does not mean they can reapply a default. There should be NO defaults regarding this account on your credit file.

 

You need to send a section 8 notice to them, demanding the default be removed from your records. Also, complain to the Information Commissioner and the OFT. They are using an illegally-applied default as a threat and debt collecting tool.

[shadowdog]

Thank you but what is a section 8 notice?

[DonkeyB]

Sorry, being dumb. I meant section 10 of the DPA. See the attached leaflet.

 

Try this as a letter – adapt to suit your case. Hopefully smarter folk will correct me if I’ve made any boo-boos:

 

Dear Numpties

 

Re Acct XXXXXXXX – Statute Barred & Defaulted over six years ago

 

Please consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

shadowdog

tcm21-118702.pdf

[shadowdog]

I sent a prove it letter to direct Legal & Collections and another letter saying the £1 was a CCA request and should not have been used as a payment.

 

I have now recieved a letter from Hilesden Securities saying the account was passed to them in November 2006 and enclosing copies of my bank statements. The account was closed in July 03, but they have'nt sent any details of payments I made. Im sure the last payment was made before the end of 2004 but cannot be one hundred per cent sure.

 

They have also said that they have referred the orginial lender for confirmation of any payment terms and will update me accordingly.

 

They finish the letter by asking me to contact them to make payment.

 

Can anyone adivse on what to do now please.

[shadowdog]

I sent a prove it letter and another letter saying the £1 was a CCA request and should not have been used as a payment.

 

I have now received a letter from Hillesden Securities saying the account was passed to them in November 2006 and they have enclosed copies of bank statements, the account was closed in July 03. They have not said when the last payment was made but im sure it was before the end of 2004.

 

They have also said they have referred to the orignial lender for comfirmation of any payment terms on the account and will update me accordingly.

 

They finish by asking me the contact them to arrange payment.

 

Can anyone advise on what to do next please.

[shadowdog]

I have just checked old bank statements and no payments were made in 2005, so the last payment was definately in 2004 sometime

[sillygirl1]

Making regular reviews of your financial circumstances means (in DCA speak) that they will be searching your credit reference files on a bi-monthly basis to see if you have got any credit or other 'transactions that arouse suspicion your finances are on dodgy ground'....

 

They are NOT allowed to check just because they can, and I really think that only the original creditor can check your files and place markers. Once a debt is sold or passed to a third party the third party should have no rights in this respect.

[shadowdog]

Sorry for sounding thick but I dont quite understand what that means!

 

Does that mean they can still chase me for payment even though the last payment was made around six years ago. Surely it must be statued barred or will be very soon:???:

 

I have no credit and are they able to see everything that is paid out of my bank account?

[shadowdog]

I have been thinking of ingoring this letter until the end of the year when im sure it will be statute barred as on checking my records I know no payments were maid in 2005.

 

Any advice would be appreciated as Im going out of my mind with worry, I had thought this was one debt I had heard the last of.

[sillygirl1]

It is a dead one, you can send a letter stating it is statute barred and they will be reported for breaching OFT guidelines.