Debts sold to Hillesden Securities t/a dlc

[cyllid]

Hi ims, these are the fees charged as a result of the loan being collected and defaulted. Besides this, there are no other fees. If he can't claim back on any that's fine; we don't want it drawn out for too long. He's going to sell his car and pay off a lump sum; do you think it's worth asking if they'll accept the majority from the sale of his car and then wipe off the rest or does it not work that way?

[ims21]

Hi

 

As mentioned before, if the figures you quote appear on a current account then reclaiming them is really a non-starter.

 

If there are charges that have been aded to the loan then these will be fair game. Your SAR should give you the transaction history for the loan account and it is there that you need to look.

 

As regards making a payment they won't refuse you making a lump sum. However, it is extremely unlikely that they will write off the balance and so you would have to make a payment arrangement for that.

 

Have a look at the loan statements for extra charges first though.

 

Regards

 

ims

[cyllid]

Thanks ims, no fees that I know of directly related to the loan. I'm still questioning the offer letter which they returned as they gave him an unsigned copy. Should he ask for a copy of the signed version and/or is it enforceable without a signature?

[ims21]

Hi

 

Offer letter?

 

Regards

 

ims

[cyllid]

Sorry, got my investments head on - the CCA agreement for the loan. The copy they returned was unsigned.

[ims21]

Hi

 

I don't think it wise to rely on peprwork errors. There's a thread on the subject here that might be of help in this regard....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...

 

Can you have a look through the SAR transaction history and let us know the date of the last payment on the overdraft and on the loan?

 

And continue to ignore the dca for the time being.

 

Thanks

 

ims

[cyllid]

Thanks ims, I'll take a look at it tonigth and get back to you.

[cyllid]

Hi

 

I don't think it wise to rely on peprwork errors. There's a thread on the subject here that might be of help in this regard....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...

 

Can you have a look through the SAR transaction history and let us know the date of the last payment on the overdraft and on the loan?

 

And continue to ignore the dca for the time being.

 

Thanks

 

ims

 

ims, had a look at the transaction history and the last payment made to the loan was £115.70 on 3rd Sep 07. At this point the overdraft goes £454 overdrawn on what was a £300 limit. The next repayment of £115.70 taken on 1st Oct 07 bounces and thereafter they keep trying to take the repayment up to May 08, all bouncing. Of course, they allow the fees and charges to accumulate.

 

Also, going to post in the other thread you linked to but interesting to find out that the loan agreement was issued under the Consumer Credit Act 1974 and the bank have not supplied a signed copy. Apparently this could potentially make the loan unenforceable?

Edited August 13, 2011 by cyllid

[cyllid]

Hi All,

 

I have posted in another thread about a debt my boyfriend has with Lloyds bank who have since sold the debt onto a DCA. Please see the link for further info:

Debts sold to Hillesden Securities t/a DLC

 

Anyway, to cut a long story short, a SAR was sent off and all info returned by Lloyds. However, the loan agreement provided is an unsigned copy. The agreement clearly states it is a "fixed-sum loan agreement regulated by the Consumer Credit Act 1974" and I've been reading up and am led to believe my boyfriend should have received a signed copy; is this correct?

 

I'm just seeking some clarification as to what he should do next; does he need to contact the bank again and ask for a signed copy or as he had previously sent the SAR, does he just question the enforceability straight away? And where does the DCA sit in all of this?

[cyllid]

Oh dear - they've merged my threads

[dx100uk]

threads merged

 

please keep to one thread per debt

 

i have gone thru this thread and am trying to get me head around it.........

 

it appears you've had a few threat-o-grams from a dca

have gotten an sar off lloyds

 

found there was a overdraft and a loan that might be the reason for the dca letters?

 

have you checked your BH's CRA file?

 

we need concrete info - that might be the place to look.

 

dx

[cyllid]

Sorry - ims was the only one kindly answering and couldn't advise on the CCA hence why I posted again.

 

I'm not sure what you mean by CRA file? If this is the credit report then yes, we got his report from Experian and he has a default from Lloyds for 2 items. Having just checked them again one of the amounts differ. So to try and keep this as simple as poss, he received 2 letters each from Lloyds & DLC saying:

1) Lloyds have sold the current account balance of £1,279.68 to the DCA

2) Lloyds have sold the loan balance of £2,954.93 to the DCA

 

Now double checking the defaults registered on the credit file he has:

1) Lloyds TSB bank Plc Current Account

Started 01/07/07

Default £1,279

Defaulted 21/05/08

 

2) Lloyds TSb Bank Credit Card/Store Card

Started 21/12/04

Default £4,689

Defaulted 28/02/08

 

Now I've only just noticed that the credit file talks about 2 different debts in the loan and credit card. None of the paperwork provided shows anything about defaults on the credit card. So this has just confused things even more?!

 

My original reason for posting a new thread was because OH has been provided with an unsigned CCA agreement and we didn't know if this was enforceable or not.

[dx100uk]

as imi intimated in post 31, i would not bother with any 'get-out' by using a paperwork error.

those days are long gone.

there is a clear financial 'link' shown for both the debts.

 

from the cra it looks like the debts are still with lloyds

and the dca's are just 'chasing' payment.

 

i would doubt that lloyds will go anywhere near a court with the OD as there are unlawful bank charges in the balance they are claiming is owed

- so pers, i'd forget about that debt for the time being.

 

the credit card needs a BIT OF LOOKING INTO.

 

IF YOU'VE GOT ALL THE STATEMENTS, WE NEED TO FINDOUT IF THEYHAVE BEEN [opps sri caps] adding charges

like late/over limit etc etc

 

so's we can do a bit of reclaiming

have you got the credit card statements to look through handy?

 

dx

[cyllid]

No statements have been provided for the credit card - in fact the only evidence there was a credit card is one sheet of paper with 'application data' showing a print out of the LTSB Asset Gold Credit Card and application Status: Accept dated 21/12/04. So the date matches the credit file but there is nothing else provided that shows there was any debt here.

 

OH doesn't actually remember taking a loan and you'll see from post #1 he actually thought the 'loan' was the credit card but the statements for the account clearly shows a transfer of £4k going in in Jan 06 and thereafter monthly repayments. The credit card isn't mentioned in the chaser letters so does this mean that they aren't chasing that debt?

[ims21]

If there was a credit card account, there should have been a transaction history in the SAR.

 

If you are absolutely sure there was a card then the bank have given an incomplete SAR in my opinion. Especially as there is evidence or mention of it amongst the papers.

 

ims

Edited August 13, 2011 by ims21

[dx100uk]

cc's are a diff dept of lloyds

so it could be coming sep.

 

so there are three debts here?

 

loan/OD/CC?

 

what does not show on his cra i would ignore, unless his old addresses are not shown as 'linked' or 'previous' on his cra.

 

dx

[ims21]

Hi

 

Their 40 days is not up yet of course....wait until the 40 days are up and see what turns up.

 

ims

[cyllid]

Oh my, all very confusing!

 

Yes, looks like 3 debts I guess but cra only shows the credit card and current account whereas the DCA & Lloyds letters only refer to the current account & loan account. The loan was at the same address as the credit card & current account so should have been noted on the cra I would have thought?

 

Lloyds wrote to my OH when the information was ready to collect so shouldn't they have mentioned if there was more to follow? It does sound like they've given an incomplete SAR but then at the same time I'm concerned about 'rocking the boat' and asking for the credit card info if they're only chasing him for the loan and current account debts. The credit card debt seems to be the biggest and scariest debt!

[cyllid]

Ps, what happens if nothing comes in the 40 days? Bearing in mind we haven't notified the DCA of our new address, only Lloyds.

[steven4064]

You asked whether an unsigned credit agreement was enforceable. The answer is 'yes' unless you can convince a court that, on balance of probabilities, you never had such an agreement. In other words, that it belongs to someone else.

[cyllid]

Bugger! Thanks Steven.

 

It's frustrating as OH swears he can't remember having the loan, just a credit card. I've tried telling him there is a £4k transfer in his bank statements which corresponds with the banks copy of the agreement! He must just have a very poor memory.

 

Interestingly, and completely differing to OH's memory, I went through the paperwork again this morning just to check I wasn't missing anything and came across one page that listed all of his products with the bank - no mention of a credit card?? He had:

Young Savers A/C (start date Jan 1995)

Select A/C (start date July 2001)

Exclusive Saver A/C (start date Jan 06)

LTSB Personal Loan (start date Jan 06)

 

Is it likely the default registered for the card debt is wrong? Or is it, like someone else mentioned, that the credit card department would hold seperate information?

 

C.

[cyllid]

All, I'm still confused as to what the next steps are? OH is going to sell his car and will get between £5k - £6k for it so will use it to repay, but if he has 3 debts then obviously he can't pay them all back. We don't know wether to pay the two (loan & current account) that are being chased or the two (credit card & current account) that are on the credit file. Any further views much appreciated as it's worrying me sick. x

[BRIGADIER2JCS]

Are you going to try to get full & final settlemetns for a reduced amount

[cyllid]

Yeah I think he should at least try for full & final. He's putting the car on Autotrader tomorrow and once (if) its sold then I'll advise him to write to the DCA offering F&F.

[cyllid]

All, as an update - this is still ongoing! OH has, unsurprisingly in this climate, not sold his car yet and it doesn't look like it will go anytime soon.

 

I will post back later with full info

but he rec'd letters from DLC offering a chance of reduced settlement back in Feb (I think)

but he didn't have the cash and we are still not convinced that they are chasing for the correct debts.

 

To recap,

credit file shows defaults for a CREDIT CARD and current account

but debts being chased are for a LOAN and current account.

 

The Loan/Credit card defaults are differing amounts but the a/c default has the same amounts on the letter to the credit file.

 

Then last month he rec'd letters from a different DCA called Mercantile Data Bureau Ltd who said DLC had passed the debts onto them for chasing.

 

We responded to both DCA's basically asking for clarification as to what exactly they're chasing for

as there are incongruities within the information supplied under the SAR and on OH's credit file.

 

Yesterday DLC responded asking for a copy of OH's credit file and said that they assume the other debt is not in dispute

and they will continue to chase for payments on that one (the bank account).

 

Although i would argue that the account is only in default because they tried taking repayments out for a loan he doesn't remember

(with an unsigned agreement provided by SAR) and then lumbered him with hefty fees for going overdrawn at £200 a pop!

 

Will type up letters later.