Dlc - hillesden securities - black horse finance

[soli2008]

I have been in dispute with Black Horse Finance for some time now (for reasons that I don’t think I need to go into here) & they have now “sold” the debt on to DLC (Hillesden Securities), who have recently begun to chase me for payment.

On 22nd of November I sent a CCA request using the template on this forum. It was received and signed for by DLC on 23rd. Today (2nd December) I have received the attached letter.

I’m at a loss as I don’t really understand what this means. They seem to be saying that they can’t supply an agreement (having requested it from Black Horse apparently) but despite this fact they still intend to continue “collection activity” – in other words they are choosing to ignore the fact that they are unable to comply with my request and are carrying on regardless (or that’s how I read it).

Can somebody advise what I should do now please? Are they acting in a correct manner, or are they simply ignoring the law?

Do I need to respond to this letter? Or should I just wait until they contact me again?

All advice will be very much appreciated.

Many thanks

Hillesden Securities.pdf

[Bazooka Boo]

Standard template, simply saying that they will continue to process your data with the CRA's whilst they try to source your agreement. They are unable to take any LEGAL recovery action, so they cannot take you to court whilst they are still unable to provide you with your request.

So once they are out of time (12 working days from receipt of your rerquest) You should send them the 'failed in dispute' letter and withhold ALL payments until such time that they do provide the docs.

If they fail to find it, then you can submit them with a S10 notice to tell them to stop processing your data.

[soli2008]

Standard template, simply saying that they will continue to process your data with the CRA's whilst they try to source your agreement. They are unable to take any LEGAL recovery action, so they cannot take you to court whilst they are still unable to provide you with your request.

So once they are out of time (12 working days from receipt of your rerquest) You should send them the 'failed in dispute' letter and withhold ALL payments until such time that they do provide the docs.

If they fail to find it, then you can submit them with a S10 notice to tell them to stop processing your data.

 

Many thanks for that Bazooka Boo - I shall sit tight until the 12 days have expired. Where will I find a "failed in dispute" letter please? Also, what is an S10 notice and at what point do I send them that?

[Tingy]

Don't worry about it. All you need to send them if you really want to send something is the Account in Dispute letter pointing out that until they supply the agreement, they can't take enforcement action and you don't have to pay. If they never find it, you never pay! Simple as!

[Bazooka Boo]

Yes don't worry just yet about a S10 notice, this is the 'failed' letter you will need to send them when they are out of time.

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[Undercover-Elsa]

Hi Soli,

That letter is actually an excellent result. As above, it may not stop them asking you for the money but it means that the account is unenforceable in court until they do fulfill the request.

Send them the account in dispute letter as above.

A link to the template and more info is in the debt help blog:

http://www.consumeractiongroup.co.uk/forum/entry.php?180-Debt-Threats-a-quick-self-help-guide

 

kind regards,

 

Elsa x

[soli2008]

Many thanks to everyone for all the great advice given – very much appreciated.

I have this morning received a letter (attached) from solicitors acting for Hillesden/DLC which suggest that they are pursuing legal routes despite them not yet supplying the information I have asked for & the account being in dispute.

Can anybody suggest how I should respond to this letter please – do I need to reply or should I just ignore it? If I do need to reply, what do I say?

Many thanks

Aplins.pdf

[dx100uk]

hehe

 

another threat-o-gram

 

ignore totally

 

dx

[Tingy]

File it away as evidence they're trying to pursue a debt that is in dispute. Isn't it kind of them to supply you with this ammunition free of charge!

[soli2008]

OK - I shall ignore thsi letter & file it away for referenece.

 

At what point should I send an "account in dispute" letter?

[Tingy]

As long as the 12+2 working days is up since you sent your CCA request, you can send it now. Get proof of postage and make sure you keep a copy of the letter.

[soli2008]

As long as the 12+2 working days is up since you sent your CCA request, you can send it now. Get proof of postage and make sure you keep a copy of the letter.

 

It isn't quite - I posted on 22/11 & the received on 23/11 - so the 12 + 2 is up next Tuesday (I'm presuming weekends are included in the 12 days).

 

I sent the CCA request to DLC but got my reply (as my orginal post, above) from Hillesden. To whom should i send my dispute letter? I'm guessing Hillesden?

[soli2008]

It isn't quite - I posted on 22/11 & the received on 23/11 - so the 12 + 2 is up next Tuesday (I'm presuming weekends are included in the 12 days).

 

I sent the CCA request to DLC but got my reply (as my orginal post, above) from Hillesden. To whom should i send my dispute letter? I'm guessing Hillesden?

 

 

And I'm going to ignore the Aplins letter.

[Tingy]

Afraid not! To make it easier, it's 14 working days -ie- excluding weekends!

[Undercover-Elsa]

Isn't it ironic how, if we send anything important to them, they have to respond within "working days" from day of receipt whereas if they send anything important to us eg a DN we have (according to a misguided judge) to respond in calendar days from the day they post it.

 

Coincidence?

I don't think so!

 

[Tingy]

Isn't it ironic how, if we send anything important to them, they have to respond within "working days" from day of receipt whereas if they send anything important to us eg a DN we have (according to a misguided judge) to respond in calendar days from the day they post it.

 

Coincidence?

I don't think so!

 

 

 

 

 

Anyone would think you're cynical!

[Undercover-Elsa]

Cynical? Moi?

 

[Bazooka Boo]

Just looking at that letter, it is clearly printed off by a computer on it's normal threat cycle, if it had any human input they would know whether you were Sir or madam, in fact they would address you directly.

And another point to note, the signature, clearly there is no-one with just the name 'Aplins' so if these charlatans can use such signatures to sign off documents, why when you begin flexing your rights do they then try to hide behind the DPA, which they have no knowledge of?

Because they are second rate, tin pot, knuckle dragging, immature oxygen thieves!

I'm going to start signing with an X, perfectly legal to do so...

[soli2008]

I can understand though why people get so worried by these types of firms - they send out very official looking paperwork all tied up in legal jargon. I would imagine that the vast majority of people just pay up.

[Bazooka Boo]

Yes agreed, it used to scare me something chronic before I knew my rights, now I welcome their letters, just for something to do...currently waiting for TV licensing to pass on an imaginary debt to Idiot Iqor, I love dealing with their shambolic call centre...

[soli2008]

It does give a feeling of empowerment, I agree. First came across this forum a few years back when I was fighting with a place called Welcome Finance, and it was life saver. The help I received was fantastic and I beat them! This time too the help has been quick, very clear (to a novice liek me!) and extremely helpful.