Hillisden Securities finally admit in writing that Original CCA is no longer available! - What Now?

[meerkatsmimm]

Hello Folks,

 

Sorry weve not been around much in the last year - life caught up with us and to be honest after a frantic first year with all our creditors, we burried our head from them as they were taking up too much of our lives.

 

Well after over a year of their letters each month, apologising for not being able to provide the original CCA and telling me they would be in touch with me in the next 21 days with an update, Hillesden Securities have finally admitted that due to the age of my MBNA account, the original executed agreement is no longer available!

 

In their own words:

 

"while we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but th eunderlying obligation to repay remains intact.

 

The ruling in the case of McGuffick Vs RBS clarified the numerous interpretations of what is considered "enforcement".

 

The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings, therefore your account will remain with our collections department for collection activity to continue.

 

The reporting of tdate to the credit reference agencies and related activities do not constitute enforcement for the purposes of the CCA 1974. Our agreement with the CRA, as well as the rules which govern the use and sharing of such information require Hillesden to report account level data this way. Under the DPA 1998, Hillesden must report accurate and up to date information at all times. As this account has been used and a debt has been incurred, this will be recorded to the CRA's."

 

My understanding from all of this is that they cannot enforce this debt any longer - but equally, given the lack of CCA, can they continue to report any information to the CRA's?

 

Can I write to the CRA's directly, with a copy of the letter enclosed, asking for them to remove the information Hillesden are reporting.

 

There is a large sum of PPi and charges on this account, if I were to try and go ahead and reclaim this, will it be first paid back to Hillesden as restitution, with us getting any balance?

 

What else should I be doing? I havent acknowledged this account in 14 months (26 months since we started sending letters without prejudice), made no token payment to it for 12 months.

 

Many thanks everyone,

 

Meerkat xx

[MissHighMaintenance]

I am sorry that I cannot advise on this but will just let you know that I myself received a letter from Hillesden in May 2009 saying they could not provide the CCA and now nearly 2yrs later they have gone on to successfully arrest my wages, I hope you get this sorted with them, I would hate to see someone else beaten by them.

 

Vicki

[postggj]

I am sorry that I cannot advise on this but will just let you know that I myself received a letter from Hillesden in May 2009 saying they could not provide the CCA and now nearly 2yrs later they have gone on to successfully arrest my wages, I hope you get this sorted with them, I would hate to see someone else beaten by them.

 

Vicki

 

 

do you have your own thread on this

[MissHighMaintenance]

do you have your own thread on this

 

 

Yes I do, posted on it just a little while ago.

[postggj]

ime on it now

[meerkatsmimm]

I am sorry that I cannot advise on this but will just let you know that I myself received a letter from Hillesden in May 2009 saying they could not provide the CCA and now nearly 2yrs later they have gone on to successfully arrest my wages, I hope you get this sorted with them, I would hate to see someone else beaten by them.

 

Vicki

 

Hi Vicki,

 

Ive just read through your thread and im a little confused.

 

You say you had no response from Hillesden to your request for your CA, but on 21st Jan this year you say they clearly wrote to you saying the agreement wasnt available and they had closed the case.

 

Can I ask what exactly they wrote to you and what they stated?

 

I sent a CA request to them as soon as they said they were the new 'owners' of my so-called account, and placed the account in dispute as MBNA previously had been unable to come up with any kind of agreement. For over a year they wrote to me every 21 days, stating that they hadnt got the docs but would get back to me in another 21 days with any updates.

 

2 months ago the letters stopped - and I did wonder if they had figured out the timescales allowed for producing said documents.

 

Then this letter. I agree T_ony that they the account is now off my radar, Thank God.

 

I suppose I am very curious about the PPi that I could reclaim. Given that the account is unenforceable, but it doesnt stop them pressurising me for the money, surely I can also reclaim the PPi and charges?

 

Its such a substantial amount and would go a long way to offsetting other creditors.

 

Thanks,

 

Meerkat x