Debts sold to Hillesden Securities t/a dlc

[LAMA]

Don't want to put a spanner in the works here but

 

am I right in thinking the debt is still at the early stages of being chased (not been to court) and this debt also built up from 2007.

 

 

 

If thats the case then is it not possible to drag this out for several more months

until you are up to the point that the court wouldn't even look at it (CCJ) due to the length of time (6 years)

 

at which point you can tell the bank/DCA/Mercantile and anyone else with their hooks in this to take a hike

because basically speaking none of them will ever be in a position to get a warrant to remove property against it???

 

My knowledge of debt recovery is admittedly out of date so if I am incorrect please chime in

 

Edit: the reason I am viewing this forum was research into DLC/Mercantile as I have received both letters and emails since February. The emails I have a filter set up for which basically automatically forwards them back then places the original in the trash

Edited May 7, 2012 by LAMA
afterthought...

[dx100uk]

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.

 

 

if they have offered a discount there is somthing wrong with the debt

 

they'll never go near a court

 

safe to ignore them then.

 

dx

[cyllid]

I have a question with regards to Subject Access Requests and credit files;

 

my OH applied for a full SAR with Lloyds when he had chaser letters from them and the DCA who were sold the debt(s).

 

A large pack of information was delivered but within it there was an unsigned credit agreement for a loan.

 

letters have gone back and forth trying to dispute the debt(s) as OH's credit file is showing a credit card debt

and not a loan debt with Lloyds, but no reference to a credit card within the pack of info supplied under the SAR.

 

Now the DCA are requesting a copy of OH's credit file to confirm what he's saying is correct.

 

So Q1 - When obtaining info under a SAR, does the company have to provide you with ALL pertinent information?

(ie, could they have excluded reference to a credit card for some reason?)

 

Q2 - Does OH have to send a copy of his credit file to the DCA or is the onus on them to prove that he is liable?

 

ThanksCyllid

[ims21]

Hi

 

SAR should get you what you asked for.

 

If you only specified the loan account in the SAR request then that is all you will get. If you said in the SAR that you want ALL information on ALL and ANY accounts ever held then you should get everything.

 

How was your SAR worded?

 

No you don't have to give up your personal credit file to a DCA.

 

Did he actually have a credit card account with this lender?

[cyllid]

Hi,

 

SAR was worded:

Further to your letters dated 26th May 2011,

please supply me with copies of all the data which you hold on me in relation to any matter

and in any form and for any period of time.

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

 

The Subject Access is not limited to my transaction history

and it is not limited merely to 6 years of historical information.

 

Additionally, where there has been any event in my account history over this period

which has required manual intervention by any member of your staff, or any other person,

 

I require disclosure of any indication or notes which have either caused or resulted in that manual intervention,

or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10; you have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity,

 

please let me know by return.

 

Please note I have moved and the address to which you should send any further correspondence is detailed above.

I would be happy to collect any Data from my local branch.

 

OH can't remember specifically what he took out

- he did think it was a credit card but then when the info came after the SAR referring to a loan account

then he thought he was mistaken.

 

I wasn't with him when he got the loan/credit card

and he has moved numerous times since so doesn't haven't any supporting paperwork of his own to back it up.

 

He has tried going to CAB but the woman there was beyond useless

and refused to properly look through all the paperwork,

instead saying OH should just make a repayment plan.

 

I don't know where to turn now and what to do.

 

No wonder people bury their heads in the sand when they are chased for debts,

 

I feel like doing it and it's not even my debt to worry about!

[ims21]

Ok so provided the letter wasn't headed with an account number then it looks like a full SAR.

 

No credit card data supplied.

 

CCA request to the DCA then. Cost is £1 and they will have 12+2 days to reply.

 

Which DCA is it?

[cyllid]

It's Direct Legal & Collections - they have said they are liaising with Lloyds who have requested OH sends DLC a copy of his credit file. I will look up the CCA request template now.

[intend]

Would under no circumstances provide this information to a DCA - they have no power.

[cyllid]

Hi, been a while since I posted here but to quickly follow up,

 

we sent the CCA letter to the DCA and they keep sending a letter of ackowledgement

every 21 days "we are following up your request with the original lender.

...when this becomes available we will forward a copy to you".

 

However in the meantime,

Mercantile Data Bureau (another arm of DLC I believe?)

have sent letters saying the account was transferred to them.

 

Sent them a copy of the CCA letter which was sent to DLC

and then DLC replied saying MDB had passed the letter to them and

"we note your comments that the above account is in dispute

however you have not provided any details or evidence to substantiate your claims.

In order to investigate this matter fully, please provide further details,

along with anyevidence that your claims rely upon".

 

To further muddy the waters, OH received another '21 days' letter from DLC yesterday

and a letter from MDB claiming he had not responded to their last letter.

So now we're very confused about who is dealing with what.

Assumedly OH should not send anything to the DCA?

 

All going to plan, OH's debt becomes 6 years old next spring so do we just sit it out and wait for it to become statute barred?

[dx100uk]

3 threads merged again

please keep to one thread.

 

pers i'd be ignoring the letter.

 

you keep entering into letter tennis

 

they'll think they've found a mug.

 

dx

[cyllid]

Sorry DX, consider me told.

 

We reply as we don't want it to come to CCJs. At present, it's 'just' defaults on his credit file but we're trying to save for a house deposit and I want these cleared before we make any joint applications for a mortgage and have OH's credit file leaving a negative mark on mine.

[dx100uk]

:lol:

 

don't worry about it..better to have all the confusion

as to what debts he has with Lloyds in one place!!

 

ok so's its getting near house buying time.

 

lets look at actually WHAT issues these debts are causing.

 

from what is showing on the CRA files?

[forget the others not showing total!]

 

what are the listed default dates?

 

dx

[cyllid]

I'll have a check of the file when I get home and let you know!

[cyllid]

Hi DX,

 

Default dates according to the CRA are 21/05/08 and 28/02/08.

[dx100uk]

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

[dx100uk]

so by end of may next year they will vanish.

 

prob not worth doing anything else

 

dx

[cyllid]

Thanks dx - we'll try holding out until then in that case!

 

When the time comes, do the CRA's remove the defaults or is it up to the DCA to request this removal?

[dx100uk]

it is automatic

 

dx

[cyllid]

Just wanted to update on this - we're still getting letters BUT after carrying out another credit search on OH, his defaults have mysteriously dropped off his file (statute barred Feb & May next year) and his credit rating is in the 'excellent' range. We're very happy - just need need to concentrate on saving even harder for that house deposit now!

 

Thanks all for your help.