Been paying DLC for 5yrs on old Abbey Card 'debt' - NO CCA!

[salbee]

further to my last

- I received a letter today (addressed solely to me - why??) from DLC

stating the letter I sent to MDB was passed to them.

 

 

They state whilst they are not able to provide a copy of the T&C's I am still "liable for payment of the monies originally borrowed.

 

 

Please note that a request for account documentation is not to prove a properly executed agreement exists

but is to provide customers with information about the account.

 

 

We have provided a copy of the agreement you signed in November 2001 to assist you."

 

They then go on to say statements from Abbey & themselves were provided and show payments over the last 11 years

"so we question why you claim you do not acknowledge the debt".

 

 

They also say regarding a Doorstop Specialist

- "should one be appointed, they would give you reasonable notice of the timing of any intended visit, which is all that is required."

 

They then request that I contact MDB to discuss repayment options available to me

& if I am in financial hardship to have to hand monthly I&E so an apt payment plan can be agreed.

 

I am at a loss what to do.

Edited March 2, 2013 by salbee
typos

[BRIGADIER2JCS]

If the Ts & Cs are not supplied with a recon agreement then the recon has no merit.

 

Sounds to me that they know they can't enforce this otherwise there wouldbe threats of court action, not a visit from a doorstepping dimwit.

 

Personally I would say you cannot agree to make any payment as the Ts &Cs are unavailable so the debt remains in dispute and liability is denied.

[salbee]

Thanks Brig, I'll try to sit tight and not let them get to me. I'm naturally quite a worrier and this stuff worries me!

X

[BRIGADIER2JCS]

Just look to CAG, help is never far away,enjoy the weekend!!

[salbee]

Thank you, and you too!

[citizenB]

further to my last - I received a letter today (addressed solely to me - why??) from DLC stating the letter I sent to MDB was passed to them. They state whilst they are not able to provide a copy of the T&C's I am still "liable for payment of the monies originally borrowed. Please note that a request for account documentation is not to prove a properly executed agreement exists but is to provide customers with information about the account. We have provided a copy of the agreement you signed in November 2001 to assist you."

They then go on to say statements from Abbey & themselves were provided and show payments over the last 11 years "so we question why you claim you do not acknowledge the debt". They also say regarding a Doorstop Specialist - "should one be appointed, they would give you reasonable notice of the timing of any intended visit, which is all that is required."

They then request that I contact MDB to discuss repayment options available to me & if I am in financial hardship to have to hand monthly I&E so an apt payment plan can be agreed.

 

I am at a loss what to do.

 

What a lot of rubbish.

 

1: They havent provided anything to "assist" you - they have provided (or not) information that you are legally entitled to in order to establish if your rights under the CCA1974 have been denied you.

 

2: They can give you all the notice they want - but unless you agree to a visit, they have no right to turn up on your doorstep. Should they be foolish to do this, then just ask them to remove themselves from your property. Do not let them in for any reason. If they want the bathroom, direct them to the local public facility. If they want to use your phone, direct them to the nearest public phone booth.

 

You were entitled to receive for your CCA request..

 

A copy or truthful reconstruct of the original document

terms and conditions at both inception and default or current and if any variations, then copies of those as well.

Plus a statement of account which shows the balance outstanding and any default charges.

[salbee]

Hi again

- it has been some time since my last post regarding DLC and a lot has changed since then.

We heard nothing from them for months and in the meantime moved counties and forgot about them.

 

 

They have started to contact us again (well, my husband) and

I guess got our info from the electoral roll.

They are asking him to contact them to arrange payment of the outstanding debt.

 

a quick summary so you don't have to go back through this thread:

 

original loan with abbey national, debt cancelled by them in 2008.

DLC (Hillesden) contacted us "on behalf of abbey national" and

said they were taking over the collection of the debt.

 

We had not been told this by AN but believed them and continued to pay them for the next 5 years (until I found the CAG).

 

Before I got wise they used threats on a regular basis and our repayments just kept on going up and up.

 

in 2013 we received a letter from Santander stating the debt was sold to Hillesden in Nov 2007

.

We had no such letter prior to this, and this wasn't mentioned on the debt cancellation document

 

however we were with Payplan for a couple of years so it could've gone straight to them.

 

Payplan claimed they had 'lost' our file some years ago.

 

We have submitted a SAR, CCA request (in 2012), harassment letter etc.

 

No CCA has been provided so far by the DCA.

 

They acknowledge this but state the debt remains owing either way.

 

I am getting really fed up with this lot.

The o/s debt is approx 6K,

they have already had over 5K from us prior to help from this forum.

What do we do next (nothing?)

 

We have moved in the last 2 weeks to a new rental and have yet to register our new address on the electoral roll.

 

Any advice most gratefully received as ever.

 

S x.

 

 

p.s. We tried to get a mortgage recently having paid off all our debts (bar this one)

and having a lump sum from my husband retiring from the forces.

 

 

The DLC debt did not appear on Experian or Noddle and we were cleared for a mortgage

until the lender decided they didn't like my husband's zero hours contract.

 

 

Could this have triggered new interest in us from DLC?

I haven't paid a penny to them for 18 months and for 10 months prior to that only a pound a month.

 

Of course my instinct is to ignore the latest letter but my husband is really worried.

 

 

He never really got involved in our finances when he was in the forces but

now he's opening his own mail he's really shocked by this.

I have tried to placate him but it's not working!!

[Stigman]

Hiya,

 

It's not just the electoral roll but a number of factors, your Credit Reference Report is updated by both the Bank & Insurers when you notify them of a change of your address.

Applying for/ changing address for phone/broadband (depending on your provider) can also appear on your CRA File.

 

Also, the CRA's offer the DCA's (for a fee) a facility where a marker will be placed on your CRA File and as soon as this is updated, the CRA will notify the DCA.

 

For now, sit tight as you have just moved (let sleeping dogs lie so to speak), when DLC write again at your new address asking for payment then write to them reminding them no CCA, no pay.

 

Please tell your husband never to worry over any DCA, the worry in the end could easily lead to arguments so please sit him down and show him around various threads on this site to put his mind at ease.

 

Stigman

[intend]

Simple - changing your address does not change anything to do with this debt. So if you decided not to pay for the last 18 months then carry on with the decision.

 

AS Stig states - you need to chat calmly with OH and introduce him to the wonders of CAG. I am sure he will see the light and stop being concerned about this.