Jump to content


DLC at it again - help please!


M1sterP
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4073 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

Have a repayment plan going through DLC relating to an old credit card debt. Have reduced it from approx 9,000 to 4,000.

 

Every now and then I get irregular letters from DLC saying they haven't received payment, ones demanding I up my payments etc. and whenever I contact them it turns out they were "sent in error" blah blah.

 

Now got one today saying that they don't accept my revised offer of repayment (I made no such offer) and that they plan to go to down the CCJ route to demand payment, and ultimately obtain a Charging Order on "the" property (they haven't said which property) because they need some security against the debt.

 

Aside from the CCA route (I see from here that they're very, very slippery with those) do you think there's chance of them going down the CCJ route? Seems very unfair to me when I've never missed a payment to them and have made great inroads into the debt. Or is this yet more DLC scaremongering? I've seen a LOT of it from them over the years but of course where CCJs are concerned it's not something to take lightly and ignore.

 

Thanks in advance for any help.

Link to post
Share on other sites

i might be able to advise on this.when your making payments then court action is usually avoided,request the cca it sounds like a threat.we all need some security but do we get it.

 

quote this to them

 

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

this in breach of the oft guidelines.

 

save all this for the judge,dont roll over to threats.you will probably have other creditors too these have to be taken into account there isnt a "priority" on unsecured debt.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Link to post
Share on other sites

Hi P

 

I would send a CCA request as it sends a 'warning shot' to them if they insist on b*ggering about.

 

Have you challenged charges, interest thereon, PPI etc.?

 

It looks like a threat to get you to step up payments.

 

Fight fire with fire.

 

You will get some more expert advice here if you do want to challenge more robustly.

 

best wishes

 

vic

Link to post
Share on other sites

Refering to your original post, it is my opinion that a Judge would consider a Summons a complete waste of the Courts' time, seeing as how you are making sizeable, regular payments. Ditto with any request for a Charging Order which, I understand is only granted if CCJ payments are not being kept up regularly.

 

Obviously I know nothing of your personal finances, but, you could always respond with my letter below, obviously amending where needed:

 

This is what I always send:

 

 

Dear 'good friend'

 

I acknowledge receipt of your letter of *************** with enclosed form.

 

I have been advised that this 'personal' information is just that - personal. However, following your request, I obtained a Court orientated Income and Expenditure Form which I understand only a Court and/or Judge can legally have access to, and filled in the details required therein.

 

Following the revelations about my financial status that completing this form brought to light, I would like to thank you for pointing me in the right direction.

 

From this information it is obvious that I have no disposable income at this present time. It has been suggested that following discovery of this situation that a County Court Judge, would, in all probability Order that I can afford no more that £1 per month to each and all debtors, which of course includes yourselves.

 

If you would now kindly send me details in order that I can set up a Standing Order in this amount, I would be grateful.

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.

Link to post
Share on other sites

Refering to your original post, it is my opinion that a Judge would consider a Summons a complete waste of the Courts' time, seeing as how you are making sizeable, regular payments. Ditto with any request for a Charging Order which, I understand is only granted if CCJ payments are not being kept up regularly.

 

Obviously I know nothing of your personal finances, but, you could always respond with my letter below, obviously amending where needed:

 

This is what I always send:

 

 

Dear 'good friend'

 

I acknowledge receipt of your letter of *************** with enclosed form.

 

I have been advised that this 'personal' information is just that - personal. However, following your request, I obtained a Court orientated Income and Expenditure Form which I understand only a Court and/or Judge can legally have access to, and filled in the details required therein.

 

Following the revelations about my financial status that completing this form brought to light, I would like to thank you for pointing me in the right direction.

 

From this information it is obvious that I have no disposable income at this present time. It has been suggested that following discovery of this situation that a County Court Judge, would, in all probability Order that I can afford no more that £1 per month to each and all debtors, which of course includes yourselves.

 

If you would now kindly send me details in order that I can set up a Standing Order in this amount, I would be grateful.

 

Thanks for the reply - however they're not asking me to fill out any form.

 

They've just said that they reject my offer of monthly repayment and that they're going to go for a CCJ ultimately to obtain a Charging Order. I have been paying regular monthly payments and reduced the overall debt by half, and have had no correspondence with them whatsoever of late, talking about increasing or amending my payment amount - so they're clearly lying through their teeth.

 

I'm just concerned that they'll go down the CCJ route and mess up my credit file, bearing in mind the amount I've repaid to date.

Link to post
Share on other sites

You can still amend the letter to suit.............

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.

Link to post
Share on other sites

write back and ask how this new payment plan was arranged and by whom as you think a case of fraud has taken place has you have never entered into any kind of discussion either verbally or by written correspondence to offer anythin other than your usual payments.

 

and then add that you are sure a Judge would look on this attempt by perons unknown to intimidate you into a plan that is unfeasable as intimidation

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

  • 2 weeks later...

I do wonder how these firms can be allowed to trade in this manner. :x Last week I sent them a letter saying that I had not been talking to them, and requested copies of all correspondence because I believed identity fraud had taken place. Also said that I cannot afford any more than I currently pay, and that I had paid a huge chunk off the debt - which was originally and unfairly loaded with penalty fees anyway.

 

The letter was sent recorded delivery and I have proof of receipt at DLC.

 

I then get a letter from them dated a few days after mine, saying:

 

"We have previously written to you to advise that we have received new information regarding your financial situation. We have not received a response to this letter.

 

Please contact us as a matter of urgency on the above telephone number to discuss this situation.

 

Failure to respond to this letter may result in legal action and additional costs being added to your balance."

 

 

Now, of course they have received my letter and completely ignored it. This latest letter is yet again another threat from DLC and surely a form of harassment. I'm sick of this company attempting to bully me when I've been repaying the debt and cleared a large chunk of it. They want the balance quicker? Well tough - I can't afford to give it to them any quicker.

 

Please can someone suggest my next course of action on this?

 

Thanks in advance.

Link to post
Share on other sites

Now might be a good time to send a CCA Request, as, until or if they provide all the paperwork to prove they have a right to collect this debt, they cannot carryout any of the 'threats'.

 

If you wanted to wait this out and continue making payments, wait until they produce a Court Summons and hit them the pre court protocols.

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.

Link to post
Share on other sites

An update on this one....

 

Received a letter from Hillesden Securities this time (why did they send it, and not DLC?) which says they haven't been discussing my account with anyone else, that the last contact with me was March and they apologise if them saying "recent payment offer" gave me the impression that they'd been speaking with someone else.

 

They then go on to say that the letter was generated as a result of them receiving new information regarding my financial situation, and that the Charging Order is purely to get a form of security on the debt - that they can't use it to force a sale of my property. The letter then asks me to phone their collections department to discuss the matter further, and that the call should help eliminate any fears I had of them speaking with someone else about my account.

 

 

 

Sorry to keep asking questions, but can anyone shed some light on DLCs thought process here:

  1. I don't like the way they've implied I'm in the wrong for questioning them saying "recent repayment offer" and more or less said "It was referring to March contact with you - sorry if you thought otherwise". For the record I don't believe there was contact in March anyway, but their tone here seems off with me when it was them who have clearly been telling lies. I'm sure their argument "We meant March - you misunderstood" won't stand up bearing in mind March was 8 months ago and is by no means recent.
  2. This whole "We've received new information about your financial situation" thing worries me. What could they have found out? I've not come into money and my repayments to them have been prompt so I'm not failing to pay them, so it seems to me that they're just getting itchy and trying to ensure they tie me in for the remaining balance. My argument is that I've paid a LOT of money to this company, and paid in a timely manner, so why are they being forceful?
  3. Why can't they explain to me in writing this new information about my financial situation? They're clearly trying to get me to phone them but why? Will they try and talk me into something which suits them?
  4. I'm clearly concerned about this Charging Order thing, as anyone would be. I don't like the "don't worry, it's only for security" line - it's a serious matter and them threatening to take me to court to obtain one is by no means friendly. Anyone would be concerned at being threatened with court action!

Any advice on past experiences with anything like what's happened above would be very helpful. Also any advice on what I should do next and any links to letter templates that would apply.

 

Thanks,

Link to post
Share on other sites

Hi misterp

 

I can only comment on 2 and 3.

 

Their systems are now highly computerised and they constantly trawl for data: you may have bought concert tickets, booked a flight, subscribed to Sky, bought a bottle of whiskey or a tin of dog food, etc etc.

 

None of this alters the fundamentals of:

 

 

  1. what are their legal rights to take you to court for the alleged debt
  2. what can you afford
  3. what do choose to offer.

As per all previous comments and the experiences in other threads.

 

love

 

vic

Link to post
Share on other sites

sounds like standard threat-o-gram stuff to me.

 

Now is the time to show them you know your rights and to request the agreement via a cca, and as it as already been said you have faithfully stuck to a paymewnt plan so a judge woould take a very dim view of this, also there have been several companies who have been reprimanded in the last week or so for trying to use charging orders as a threat t aid in debt collection

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

sounds like standard threat-o-gram stuff to me.

*

Now is the time to show them you know your rights and to request the agreement via a cca, and as it as already been said you have faithfully stuck to a paymewnt plan so a judge woould take a very dim view of this, also there have been several companies who have been reprimanded in the last week or so for trying to use charging orders as a threat t aid in debt collection

*

Interesting... is there any information available on here or elsewhere detailing DCAs getting into trouble over Charging Orders? Any links/evidence would be very helpful and welcome.

Link to post
Share on other sites

Personally I wouldn't send a CCA request. You know it's your debt and placing it in dispute is just exacerbating issues. I would write to them pointing out your excellent repayment history and that you intend to keep up that payment. Explain that while you are sure this is just a case of you mistakenly being sent a computerised letter, were they to take the CCJ it would almost certainly result in your payment being reduced as you are suffering financial difficulties, though you understan,d should they wish to take pursue that route, it is their right. Also explain that you were so distressed by these letters that you have taken legal advice and believe that no judge would award a charging order given your excellent payment history. Please could they explain why they think you are going to renege on this debt after such a long time?

 

Point out they say they have received new information about your financial position and ask what this is as you are unaware of any change. Finally please be assured I am acting, and have always acted in good faith regarding this debt and will continue to pay at the current rate of £x per month.

 

I trust this is satisfactory to you, but please do not hesitate to get in touch should they consider it not to be. However, given the distress of this experience, please would they keep ALL future communication to letters to protect both sides and for the avoidance of reasonable doubt.

 

I look forward to your reply,

 

Yours..........

 

then keep paying it as per normal.

 

One last point, you are filing records of all the letters, payments etc.... aren't you? If they do ever take you to court, which I feel is unlikely, then you will need this. If you haven't got it, given the nature of what they're writing it might be worth sending an SAR to get this information.

Link to post
Share on other sites

Personally I would send a cca, this highlights that you know your rights, and at no time did I say stop payments

 

http://www.mirror.co.uk/news/city-news/2010/11/23/lenders-criticised-for-using-heavy-tactics-with-debtors-115875-22732904/[/url]

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

An update on this one....

 

Received a letter from Hillesden Securities this time (why did they send it, and not DLC?)

 

Because they are the same people operating out of the same offices - clearly they occasionally mix up their letterheads!

 

 

They then go on to say that the letter was generated as a result of them receiving new information regarding my financial situation

 

The moon is made of green cheese, apparently...

 

This is more than likely a ruse. Remember that the aim of most DCAs' letters is to get you to contact them so that they can try to get more money out of you. Most DCA computer systems will spit out something demanding more money every three months if you have a payment arrangement with them. The threats are to mislead you into thinking that there will be dire consequences if you do not get in touch.

Link to post
Share on other sites

Whereas a CCA request is always complied with? In my experience communication with a DCA is often wasted. Not arguing, just commenting! Either shows he knows his rights and isn't going to be bullied. If they don't respond to a CCA request he could put the account in dispute, but I suspect neither of us would recommend that. If he sends an SAR he could get an answer to his other questions as well, but it would cost an extra £9 and take a couple of weeks longer.

Link to post
Share on other sites

Hi guys

 

Everyone's getting a bit emotional. I've re-read the original post.

 

The OP has kept to their agreement and simply needs to state same in assertive not apologetic terms.

 

It follows that the OP would maintain payments; for the time being.

 

It is perfectly reasonable to ask for evidence of anything to rebut threats.

 

love

 

vci

Link to post
Share on other sites

Whereas a CCA request is always complied with? In my experience communication with a DCA is often wasted. Not arguing, just commenting! Either shows he knows his rights and isn't going to be bullied. If they don't respond to a CCA request he could put the account in dispute, but I suspect neither of us would recommend that. If he sends an SAR he could get an answer to his other questions as well, but it would cost an extra £9 and take a couple of weeks longer.

 

No its not, but then you have the option to put the account into dispute, where as with a sar to a dca you do not

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

No its not, but then you have the option to put the account into dispute, where as with a sar to a dca you do not

 

I believe I put that! However, I would be surprised in this particular case if any of the site team thought putting the account into dispute and stopping payments is a good idea.

Link to post
Share on other sites

Whatever,

 

M1sterP, Do as you see fit, I advise a cca and show them whos boss, if they default then you are at LIBERTY to withold payments, if they comply then advise them that you will be maintaining your present payment level.

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

Whatever,

 

M1sterP, Do as you see fit, I advise a cca and show them whos boss, if they default then you are at LIBERTY to withold payments, if they comply then advise them that you will be maintaining your present payment level.

 

Absolutely, and you correctly say he is at LIBERTY to withold payments; my words were, "he could put the account into dispute." If they don't provide the CCA would you actually advise the OP do exercise this right, or do you think he'd be better continuing to pay?

Link to post
Share on other sites

Personally, if I had been paying with no problems then they threatened court, I would CCA, if nothing came back I would stop payments and say see you in court

 

If an agreement came back then I would say due to their insistance that I upped my payments I completed a court I&E form (and no you cant see it) and thank you very much I now see I was stretching myself too much and here is your £5 a month, dont like it, see you in court.

 

You are in the driving seat NOT THEM

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...