CCA non comp - gargoil v DL&C

[gargoil]

How did you do that tobes, do you hav ea thread or can you PM me any details you care to share regarding particulars of claim etc!?

[jimfishybob]

Heard nothing either. Though there is now no entry on my credit file which refers to them at all so while that continues, i'm happy as it is.

[cresswell80]

How did you do that tobes, do you hav ea thread or can you PM me any details you care to share regarding particulars of claim etc!?

 

did tobes ever come back to you with details?

[jannercobbler]

Heard nothing either. Though there is now no entry on my credit file which refers to them at all so while that continues, i'm happy as it is.

 

I also have no entry on my Credit file from them anymore?? However I have now started receiving letters from JB Debt Recovery telling me that they are collecting the debt on behalf of Hillesden, How naughty of Hillesden to pass the debt on whilst committing an offence, and being in default.

 

I sent JB Debt Recovery a letter stating that Hillesden were in default and committing a Criminal offence, and should they wish to continue then I will pursue them for harrassment as well as Hillesden in the courts

 

Paul

[gargoil]

I will need to get an up to date credit report to see if their entry is still there. I expect it to be though. Can't be that simple can it?

 

Will

[kennyparkroad]

subbing to this, what a read!

[kennyparkroad]

PS - im also in ayrshire!

[knoxvillain]

subscribed

[gargoil]

I've got one charges claim left to settle against HBOS then I'll be going after these guys! Stay tuned!!

[jimfishybob]

I will need to get an up to date credit report to see if their entry is still there. I expect it to be though. Can't be that simple can it?

 

Will

 

Dunno, the OFT can throw it's weight around when it deems necessary. I reckon DLC have basically said, "feck it, it's just not worth the investigation".

 

Or

 

There WAS an investigation and it turns out we were right.

 

I guess we'll nver know.

 

I've started on Red Castle now, (who have droped themselves in it even more than DLC by sending me a Notice of Assignment that's dated 15 MONTHS AFTER my first letter from them. Divs!) I'm starting to quite enjoy this.

 

Is that wrong?

[rippedoffagain]

Subscribing.

[cresswell80]

Will - have you still not heard from DLC?? You may see from my thread that they've not responded to my CCA and the 30 days are now up...

[bgqs]

Got a letter from DLC today confirming they had taken over an alleged debt from Egg. By all accounts, it seems I am going to have my work cut out !

 

I need some advice....Do I continue to ignore them or shall I CCA them ?

[kennyparkroad]

CCA them

[gargoil]

Ok have an update finally. Received a letter yesterday from them to the effect of: -

 

Further to our letter dated 16th/10/2006 regarding your account. I can confirm and advise the following:

 

1. We are following up your request for a copy of your original signed agreement with our client MBNA Europe bank. When this becomes available we will forward it to you.

2.Your account is on hold and all further action has been suspended in anticipation of receiving the documents required.

 

i will update you in 21 days. blah-blah-blah.

 

Then today got an envelope from them containing my statements from DPA request which I'd actually forgotten I'd made it was so long ago. Interestingly though they have said this in the cover letter included: -

 

Further to our letter dated 31st May 2007 regarding the above account and your request for documentation under the consumer credit act 1974, please find enclosed a copy statement of account with MBNA Europe Bank as requested.

 

Anyone whose being paying attention will see what there trying to do!

 

The statements though are from the time period 2004- early 2006 before DL&C or Hillsden as they are now calling themselves took "ownership".

 

Think its time for another barriage of letters in there direction then a little court action for DPA SAR non-comp and then we'll see where we'll go from there.....

[gargoil]

Letter sending out today to DL&C and trading standards..

 

Dear Sir,

Further to my letters of 18th August, 1st September 2006, 5th October, 9th October and 10th October 2006 and your letters of 31st May and 1st June 2007 and my letters to trading standards on the same dates. Please note that I continue to acknowledge no debt to your company. Despite your many promises you have still failed to supply me with a copy of the original signed agreement for the alleged “debt” you are trying to enforce.

I have given you more than enough time to supply the original signed agreement and you have now exceeded the allowed time. By not supplying the documentation I believe you have now committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. You are reminded that you were obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

On your letter dated 31st May 2007 you have informed me that you are following up my request for a copy of the original signed agreement from MBNA bank. The request for this was made on 18th August 2006, almost 9 months ago. I acknowledge no debt to your company.

On your letter dated 1st June 2007, almost 8 months since the request was made, you have provided me with copy statements from MBNA bank under my rights contained within the data protection act. I however requested statements of account from your own company to the present date. You have 14 days to provide this information or I will start legal proceedings to get a court order for you to produce this documentation. For your personal information I will draw your attention to the fact that this information was requested under the data protection act and not under the consumer credit act.

Best Regards

gargoil

CC Northampton shire Trading Standards

[gargoil]

Not got lots of tim eto draft a complete letter to TS so have just redrafted an ol done to bring this to there attention:-

 

Northamptonshire County Council

Trading Standards Service

Wootton Hall Park

Northampton

Northamptonshire

NN4 OGB

Dear Sir/Madam,

Further to my earlier letters, one of which I have attached for your reference. I have now received further communication from this company, copies of which I have included.

On their letter dated 1st June they have stated they have provided me with information under the CCA 1973; however they have provided irrelevant information which is unrelated to any request under the CCA 1973. My request on 10th October 2006 under the Data Protection Act was for a disclosure of all information that the company hold on me. I understand they have 40 days to provide this information. They have failed to do so.

I had previously written to Hillesden Securities on 18th August 2006 requesting a copy of the original signed credit agreement in respect of an alleged debt this company had been contacting me about. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) I enclosed the statutory amount of £1 (by postal order) as payment fee.

They are obliged to supply these documents, whether they are the original creditor or not under S189 of the CCA 1974.

I believe this company continue to commit a criminal offence as they have failed to provide a copy of the original signed credit agreement and have been in default for more than nine months since the initial 12 working days allowable under the above mentioned legislation expired, and yet they continue to write to me with promises of “following up my request” and use phrases like “future action” in what I believe is an attempt to intimidate.

A default has been recorded on my credit file in respect to this matter and I would like to have it removed as I believe it has been applied unlawfully. Also I believe that they will continue to pursue me both by telephone and letter to repay this alleged debt.

I would like you to further investigate this company regarding this matter and take appropriate action against them. I would also appreciate assistance in getting this compant to stop contacting me. I am of the opinion that they are unfit to hold a consumer credit license.

Yours Faithfully

gargoil