Debts sold to Hillesden Securities t/a dlc

[cyllid]

Hi all,

 

I'm really worried as my boyfriend just receieved 2 re-directed letters through the post this morning (we recenty moved a few months ago), both from dlc (direct legal & collections) writing to inform him that the outstanding balance has been transferred to them effective 28/01/11 (the letter is dated 26th May 2011).

 

They go on to say that although the bank has transfereed the outstanding balance, he can still contact the bank in relation to any complaints about the time when they held the account.

 

"You have right to access (on payment of a fee) and, where it is inaccurate or incomplete, to update, your personal data." It then gives the address for such requests as a PO Box address for Lloyds Banking Group but then goes on to say all contact regarding the account should now be directed to dlc.

 

Both letters are accompanied by letters from Lloyds with the account numbers and reiterating the dlc letters with the balances; one for a 'loan account' balance as at 28/01/11 of £2954.93 and the other a 'current account' balance as at 28/01/11 of £1,279.68

 

Now my boyfriend tells me that he believes one is a credit card which he used before he moved to Australia back in 06/07 (he's of dual citinzenship) and when he came back he (stupidly) didn't contact the bank to notify them of his (many) change of addresses (bit of a nomad until he met me and we got settled). Now I'll be making sure he pays this debt (the larger one) albeit on a monthly plan of some sorts but the other one for the 'current account' we can only possibly think it may be an overdraft facility which has perhaps been racking up fees?

 

So my first question is, who does he contact first? should it be Lloyds for all the paperwork (as he has none) or should it be dlc to acknowledge the letters? It's lucky we even had a redirection set up as we wouldn't have even had the letters.

Secondly, where does he stand on the repayment of what is possibly overdrawn fees? He knows he's in the wrong on the credit card and accepts he must pay that but he doesn't ever remember leaving an overdrawn account - he thought it was just empty.

 

Thanks for taking the time to read!

[gavbon2011]

they shouldnt have to sell debts on

[gavbon2011]

oh and it should be made illegal, sometimes you cant get blood out of a stone!

[gavbon2011]

and only offer them what you can afford to pay, i dont think they can reject your offer aslong as its reasonable, and be careful as they usually try to get you to up the payments!

[gavbon2011]

oh and ring them up asap

[gavbon2011]

and sorry if im annoying

[ims21]

Hi Cylid

 

Welcome to CAG

 

With regard to the credit card, thre are likely to be charges on there which can be claimed back, with interest. This could put a big dent in the debt which your OH owes.

 

For the moment I wouldn't bother with the dca and certainly do not contact or talk to them on the phone.

 

If it were me, I would send a subject access request (SAR) to the bank. It will cost £10 and they will have 40 days to respond. The SAR will give you all the information that the bank hold on you in respect of all dealings with them. This will nclude statements, transaction history and all other paperwork etc.

 

It will be the starting point for getting this sorted out and will also enable you to formulate a claim for the refund of the charges on the credit card. There may also be a ppi claim of there was any such insurance on the card.

 

 

ims

[cyllid]

Thanks guys. So ims, should I not even get him to contact the DCA to inform them that we're at a new address now? I'm just a bit worried as I think our redirection on the post is due to end in 2 weeks and then any further correspondence they send could get lost.

 

Thanks!

[cyllid]

PS, does he have to send 2 SAR's (& therefore 2 fees) or does one letter and fee cover both accounts they've listed?

[ims21]

Hi there

 

If it was me I wouldn't bother the the dca but this is up to you. If you do decide to get in touch with them, make sure everything is in writing and not via the phone. If you are going to start claiming back back charges etc you need to start to keep a paper trail of events.

 

For the SAR, you only need to do one because both accounts are with the same bank. Hence you only need one fee. The SAR will contain a request that they should supply everything they hold in connection with your dealngs with them on ANY and ALL accounts that have been held with them.

 

ims

[cyllid]

Thanks very much - we'll get the SAR sorted and go from there.

[ims21]

You're welcome

 

Just re-read the thread and noticed my atrocious spelling:!:

 

Must slow down a bit

 

ims

[davidoneman]

Hi ive had a running in with hillsdens and it wasnt very pleasent . they bought a credit card debt from mbna which they had a signed credit agreement so i offered to pay them a small amount each month with they accepted then 1 day out of the blue they sent me court papers i was in a panic but asked for help from this site and got some fantastic help , i requested some information which they didnt have at the time so the court case was stayed , so i offered them £300 to settle the account in full and final ( amount they wanted was just over £5000 ) the first response was if you settle within 30 days we will accept £600 but i told them i only had £300 which they them accepted , just wanted to let you know my dealings with them,

[cyllid]

Wow thanks - that's certainly useful to know. My boyfriend and I were due to start saving for a house deposit this year (unfortunately neither of our parents are in a position to help us) but until this gets sorted, it looks like we won't be buying for a good 2-3 years. If he can get anywhere near the success story you had then it would be great.

[davidoneman]

I payed them by cheque from a familys account and wrote on the back of the cheque only bank if accepting full and final payment and took a photo as proof , it did take afew emails to get the account status on my credit file updated but got there in the end . Before you do anything though have a good look and get information by the good people who know on here .

[cyllid]

Hi All,Just an update -my boyfriend sent off the SAR and a postal order for £10 which they replied back and acknowledged receipt of. They also stated that as my boyfriend had a different address to what they had on file then he would have to pick up the information from his local Lloyds bank (of his choice which he went back and confirmed) and provide evidence of ID. Fine so far, but they also stated that the information would be available from 13th July. So should he make contact with them again or just wait it out? I'm conscious of him getting a CCJ (if he hasn't already - keep meaning to get him to carry out a personal credit search) and don't want it to drag on if he should be making the next move?? Advice much appreciated!

[ims21]

Hi

 

I'd just give them a quick call to make sure its ready and tell them which branch you want to collect it from (after all, they did say 13th and we are now at 15th)

 

Regards

 

ims

[cyllid]

Well he wrote back to them straight after to tell them which branch but yeah, I'll tell him to give them a call next week. Thanks!

[cyllid]

Right, so we have the documents

- a big old pack of information,

most of which seems to be a glossary of abbreviations! What happens next?

 

The copy of the loan agreement is not signed

- does this have any bearing on what my boyfriend does next?

 

The statements show his loan repayments start bouncing in Oct 2007,

18 months after he took out the loan and right at the time he moved to Australia.

 

As the DD mandate wasn't cancelled, Lloyds kept trying to take payments for 9 months,

during which time the £300 overdraft is exceeded and the charges are:

o/d interest,

o/d excess fee,

account charge,

unpaid DD (£35),

unpaid loan (£25),

returned DD (amount varies between £20 - £70),

unplanned o/d fees (£215!)

 

Thanks in advance!

[ims21]

Hi

 

Earlier in the thread you mentioned Credit Card and a Loan. Go through the papers you have received and find the transaction history and/or statments for those.

 

These will show up any charges such as late payment fees etc which have been applied to those accounts and it is those payments that you are going to claim back.

 

You have already found the loan agreement....is there any ppi on it? Similarly isthere any ppi on the credit card?

 

Regards

 

ims

[cyllid]

Hiya, I'll have to have a look. It seems to be that although he had a credit card, there was no debt from this, it was just the loan and the overdraft. I don't believe there was any PPI but I'll have another look tonight. My boyfriend hasn't suggested any repayments to them yet; should he do this?

[cyllid]

Ok, I've had a look and there doesn't seem to be any PPI.

 

I'm assuming I am only looking at just the excess fees, returned DD fees, unplanned o/d fees - basically any charges related to the bouncing payments of the loan? What about the o/d interest, does this get included? There is also a monthly 'account charge' of £7 but as this seemed to be charged even before the loan payments bounced then this is to be discounted?

 

Thanks

[ims21]

Hi

 

What you are looking for is on the laon account and credit card. I know there wasn't a debt on the card but you should still look for the late payment/over limit fees on that.

 

Reclaiming charges on a current account is pretty much a non starter.

 

So, can you identify any charges on the loan account or the credit card account?

 

Regards

 

ims

[cyllid]

Sorry ims I hadn't realised you'd replied - it didn't come up in my notifications. Got him to do a credit search and thankfully no CCJ's have been registered but still keen to sort this out. I've gone through the statements again and there are no credit card fees. In relation to the loan, there are the following:

Nov 07 - £35 unpaid DD

Nov 07 - £25 unpaid loan

Dec 07 - £70 returned DD

Jan 08 - £215 unplanned o/d fees

Jan 08 - £20 returned DD

Feb 08 - £215 unplanned o/d fees

Feb 08 - £20 returned DD

Mar 08 - £20 returned DD

Apr 08 - £20 returned DD

Thereafter the account was closed. Can he make a claim against any of these? The amounts and terminology chop and change.

 

We're just a bit stuck as to what the next steps are. Also, I mentioned in one of my earlier posts that the copy of the loan agreement he has on file is not signed; does this matter?

[ims21]

Hi

 

Just one thing....unplanned overdraft fees seem to imply a current account going over an agreed limit? Are you sure this is on a loan?

 

Might be a silly question but just want to make sure we are talking about the right thing here.

 

Regards

 

ims