Letter from "Direct Legal Collections"

[dulwich1980]

Hi can anyone advise?

 

Today I received the following letter

 

"Dear XXX

 

We have chosen to send you this letter as someone who may be struggling to manage your credit commitment.

 

One of the impacts of the "credit crunch" has been an individual's ability to obtain credit, particularly mortgages, with lenders scrutinising applicants' credit history and payment records much closer. In the future, credit is only likely to be available to individuals with good credit history, or those that can display positive efforts to pay off their defaulted accounts.

 

Therefore we can offer you the choice of two options to improve your situation:

 

a) £10 per month by direct debit

b) Pay 50% of the balance now and have the remaining wiped

 

If you choose to pay by direct debit return the completed DD form .

 

ETC ETC."

 

It then lists at the side of the letter, and old loan that defaulted with Lloyds TSB who now is apparently managed by Hillesden Securities.

 

There's nothing mentioned of "further action" so I really am a bit confused.

 

Also, regarding the loan, I've never received instruction that the debt was being passed over by Lloyds - it was a rather long time ago that the default happened you see.

 

Any advice? Can i just ignore the letter from DLC?

 

Thanks in advance

[huggy41]

just ignore it

[Crocdoc]

Judging by the tone of the letter, I would suggest that it is Statute Barred.

IGNORE

[BRIGADIER2JCS]

Does this show on your credit reference files?

[PGH7447]

smells of desperation to me - ignore

[dulwich1980]

Hi there. I've applied to see my credit report with Experian to check - they send out a PIN apparently, so need to wait for that before I can see whether it's on my file or not, however i would hazard a guess that it's over 6 years since the default happened.

 

No-one ever agreed to a repayment plan and I kept getting passed around the house - then back to Lloyds - then to others etc etc.

Edited October 5, 2012 by dulwich1980

[BRIGADIER2JCS]

No payment or acknowledgment in writting in 6 clear years = statute barred.

[dulwich1980]

Ok - thanks. I'll let you know whether it appear on my report as soon as I find out. Guessing the general consensus for now is to ignore it?

[Bandit127]

Yes - ignore it until you can work out why they are being so soft on you.

 

I have had LOTS of letters from DLC and none of them looked like that...

 

You might want to try Noddle. It is free for life and I got in within about 10 mins.

[Dotty50]

Hi dulwich

 

If they're offering 50% discount, it's likely that it's unenforceable, however I was once told on here to ignore dlc and they issued a court claim so beware!

 

I defended it and nothing more was heard but I just thought I would let you know.

[dulwich1980]

Hi there. Ok so I've logged on to my credit report and there are no details whatsoever of ANY defaults on my file. None! I've checked all my addresses and they are correct so it can't be that they've given me access to anyone else's report (which is what I had initially thought when i saw my score). My IVA isn't even on there!

[Dotty50]

Which CRA have you logged on to dulwich?

 

My Barclaycard was never registered with any of them until it was sold so it isn't unheard of.

[BRIGADIER2JCS]

OK, give this a try it can only do good and certainly cannot reset the statute barred clock.

 

To The Compliance Manager

DLC

 

Ref: as on their letters.

 

Dear Sir or Madam,

 

I refer to your recent correspondence regarding a debt for £xxxx.xx which you allege is owed by me, please note I do NOT acknowledge any debt to DLC or any company you may claim to represent.

 

I have researched my credit history and have taken advice on this matter and have concluded that any such alleged debt is now Statute Barred, therefore I will not now or in the future make any payment or offer of payment in regard to any alleged debt.

 

You will now cease to process or store any data relating to me and remove it from your records.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2011 and the section regarding the pursuit of statute barred debt.

 

Ok>

[dulwich1980]

I've logged onto Experian. Last year there were records of things on there relating to my IVA and defaulted loans. Now there's nothing!

[BRIGADIER2JCS]

That's because 6 years have elapsed defaulte accounts removed paid or not, as the date of the cause of action is say often up to 5 months prior to the default date, and no payment or written acknowledgment has been made in that 6 year period the debt is statute barred.

 

Was this debt included in the IVA?

[dulwich1980]

I've a feeling it might be that I've created an account with my abbreviated name rather than full name perhaps?

[BRIGADIER2JCS]

Try Equifax using your full name for a comparison!

[dulwich1980]

Ah ok - so logging into Equifax as advised has uncovered some (not all) of my information... The current account from Lloyds is there, date of default apparently 2008 and date updated 17/09/2008. Why has it been so long since being updated?

 

The loan from them is showing as settled though - with a date satisfied of 18/01/2008. This was updated 19/09/2012.

[BRIGADIER2JCS]

No information provided by the creditors/DCAs.

[dulwich1980]

Ok - so I can only assume that they're chasing the satisfied one? I'll send that letter off that you have drafted for me and hopefully that;ll be the end of it?

 

Thanks for your help.

[dulwich1980]

Update - already - it seems that DLC have now passed over the information to MDB (Mercantile Data Bureau) who are asking me to contact them to discuss the matter.

 

"I have been instructed by direct legal & collections, an associated company of MDB, to contact you about the above unpaid debt. Your account has been transferred to me due to your continued failure to discharge your current liability. All future contact relating to your account should now be with me.

 

I would like to give you the opportunity ti discuss your account with me before we undertake any action with your account.

 

I will take into consideration your current financial circumstances and outline the many options available to help resolve this matter"

 

******

 

Would you suggest I send the drafted letter you wrote for me above, to MDB instead?

[BRIGADIER2JCS]

Yes send the letter!!! but to both.