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Hi, I was hoping for some advice if possible?

 

I have had a debt with DLC for some time now and have been making a payment of £30 a month and have never missed a single payment. Around a week a go a received a letter asking me to call them which I stupidly did. After a long battle and getting no where when they started to demand the balance (in excess of £8k) which I just cant afford to pay I decide to end the call and just continue to pay.

 

Today a had a letter from them stating their intention to issue a County Court Claim and seek a charging order on my house.

 

The letter shocked my a little so I called them only to go through the same process of them demanding more money from me and in the end I have agreed to up my payments to £70 a month, change to DD form standing charge and have another review in December.

 

To be honest I just cant afford £70 a month and I think their threats may be bullying tactics and a little empty. Moving to DD concerns me but its the only way they would agree.

 

My concern is have a done the right thing and can I lower the payments if I cant manage them. What action can they take as I am willing to make payments, but only ones I can afford?

 

Thanks for reading and any advice appreciated!

 

J

Edited by jon24chris
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Hi and Welcome to CAG

 

Firstly, NEVER set up a Direct Debit, if you have, cancel it NOW

 

Second, you decide what to pay, not THEM.

 

Third, never talk to these people on the phone, there will be no record of the conversation and as you have found out, they will bully you to pay as much as you can.

 

Can you give us a brief history of the debt?

 

Jogs

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It dates back years to be honest, I had a loan offer from Halifax when I just turned 18 and being young and stupid I jumped at the chance as I had no outgoings at the time. Things started to mount up, I missed payments and around 2008 DLC bought the debt and I have been paying £30 a month ever since. Not really given it much thought until recently.

 

If I cancel the DD can they just reset it up straight away?

 

Couldn't agree more about not speaking to them, wish I had found this site before I did!

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Have you ever asked for the Credit agreement? What year was the loan taken out?

 

Did it have ppi/charges on it?

 

I would send a quick email to them saying you have cancelled the DD and remove any right they have to collect using it!

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NO, cancel the DD immediately and inform your bank NOT to reinstate it EVER.

 

Keep everything in writing from now on and keep a diary of events, especially with regards to DLC and any harassment they might decide to use.

 

Check your credit file, you can use the free 30 day trial with experian, but be sure to cancel it within the 30 day trial period.

Alternatively there is Noddle which is free.

 

When did you take this loan out, are there any charges on this which you can reclaim?

 

Are you 100% certain that this is SOLD to DLC or are they merely the clowns collecting it for shallowfax?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Advice taken on thee DD, cancelling it now!

 

The loan would have been taken out around 2003, I have no idea it it had PPI or what charges have been applied as I haven't seen a statement for many years.

 

I have never asked for the credit agreement either.

 

I am certain it has been sold to DLC.

 

Thanks for taking the time to reply!

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If this was me, I'd send the CCA request to DLC

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

And the SAR to Original creditor and DLC

 

http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

May be the best £21 you ever spend.

 

Jogs

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I am doubtful they have purchased it from shallowfax...

 

However checking your credit files should show who this is with.

 

Asking for the CCA is a good start also, if you have not been receiving a 'Statement of account' which is a legal requirement to be sent to your annually then your standing order should be reduced to £1 a month (the legal minimum token payment) as you have absolutely no idea if this is going towards the debt, or in their pockets.

 

Did you receive a default notice sent by Halifax?

 

Were you sent a notice of assignee sent from the bank informing you that they were passing this to DLC?

 

You've got a lot of ammo to bring them to their knees, BCOBS is going to be your friend here I feel....

 

Do what Jogs said....(sorry Jogs, I just love bashing this particular bank)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I am doubtful they have purchased it from shallowfax...

 

However checking your credit files should show who this is with.

 

Asking for the CCA is a good start also, if you have not been receiving a 'Statement of account' which is a legal requirement to be sent to your annually then your standing order should be reduced to £1 a month (the legal minimum token payment) as you have absolutely no idea if this is going towards the debt, or in their pockets.

 

Did you receive a default notice sent by Halifax?

 

Were you sent a notice of assignee sent from the bank informing you that they were passing this to DLC?

 

You've got a lot of ammo to bring them to their knees, BCOBS is going to be your friend here I feel....

 

Do what Jogs said....(sorry Jogs, I just love bashing this particular bank)

 

No probs, I love bashing lloyds, but any bank will do!

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Thank yo so much! I have sent both letters off with standing orders. The letters they have been sending state they own the debt. Will post back on my progress.

 

Once again thank you so much, wish I had found this website years ago!!!

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  • 1 month later...

Hi Guys, hoping you can follow up with some more advice please?

 

So far I have done exactly as you suggested, I have requested a copy of the agreement and they have failed to be able to provide it. The wrote and advised it should be with me by the 14th of August but still nothing. I also requested all the information they have on file for me to which they sent just what they (DLC) had on file which wasn't a great deal. I have since responded with a request asking them to direct me to where I can obtain statements letters from Halifax etc and again no response.

 

During all of this is still hasn't stopped them constantly calling and writing asking for more money and I have kept up my payment of £30 per month via standing order. To be honest it feels a lot like harassment now! Every phone call is greeted with "put it in writing" and every letter is greeted with a response stating that I am making payments and I am waiting for the paperwork I have asked for.

 

Not quite sure what the next step is and hoped I could be pointed in the right direction, anything to get them to stop the constant harassment would be great!

 

Thanks in advance guys, you have helped me so much

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Hi,

 

Because they have failed to supply you with a copy of the CCA within the time-scale, then the account is now in-dispute.

 

Send them this...http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

You can legally with-hold payments until such times until they comply with your CCA request.

 

Ignore the usual threatograms that a printer churns out, once again do not ring them and if they ring you, refuse to go through any security questions, just say "in writing only" and hang up.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Yes send them this http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Are you still keeping a diary of events?

 

Instead of telling them 'Put it in writing' which is clearly too difficult for them to understand, simply laugh at them and hang up, repeat the process every time they ring.

 

Take the diary of events regarding their harassment to your local police station and lodge a complaint against them for the criminal offence of harassment.

 

Inform the OFT &TS also, plus Ofcom.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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With a similar DCA i got results with...

1. a letter stating "in writing only" and they were to remove all phone numbers under the Data Protection Act. Calls continued...

2. logging all phone calls (number, date and time) for a week.

3. making an official complaint to them which included the log of calls. Calls stopped... Haven't had one since. Had a "complaint upheld" letter from them with an apology.

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