Dlc demanding i pay them on a BH CCJ now - help

[DAVEB71]

Hi everyone,

I think I started this subject on here first but I cant find it and Ive had some advice already on another forum but I was wondering if anyone has anything further to add to what Ive already got planned, just looking into what DLC are upto really, thanks in advance.

 

Ive been contacted by dlc with regards to an existing ccj that I am paying to Blackhorse, they keep asking me to to switch over my s/o details to theirs but as Ive received no NOA to date from Blackhorse Ive just ignored them, anyway today they've sent me a letter saying:

 

"We are very surprised that you have not made payment in accordance with the arrangement we recently agreed, particularly as you are aware of the fact that additional costs will substantially increase the debt if an application is made for enforcement.

In order to try to help you avoid further expense we will hold action for 7 days. We must stress however that if the promised payment is not received within that time we really will not be able to hold up matters any longer.

 

 

Firstly I have never made any contact or replied WHAT SO EVER to the correspondance sent out by these people let alone set up any form of arrangement with them and secondly I pay this ccj to BH every month by s/o as per the court ruling at twice the value set by the court, so everything else aside theyre lying in the first instance.

I have scribbled a letter to send to them saying received no NOA, have no idea who your company are and what you have to do with me, that my monthly payments go out by s/o every month and I never miss, and that Ive noticed that the outstanding balance doesnt look right.

I would of thought they would have to formally prove who they are with regards to a ccj by sending me a NOA from the original creditor as they could be anyone.

So I m looking for some advice to enable me to write them a snotty reply stating if the ccj is now theirs and they have bought it that they will have to pass on the relevant paperwork to me before I go any further.

Any advice is appreciated.

 

Cheers

 

Dave

[BRIGADIER2JCS]

Yes ignore them keep payments as they are!

[dx100uk]

have you ALL you statements from BH from day one?

 

if not send BH an SAR.

 

did you contest the CCJ?

did you know about it?

 

you need to tell us the full story about the debt please

 

dx

[dx100uk]

I have moved your thread to the BH forum

 

do some reading here too

 

dx

[citizenB]

Send the letter below to DLC, you need to establish who owns the account. Meanwhile, you should not be making threats regarding the debt increasing as you are making payments in accordance with a Court order.

 

 

[ATTACH=CONFIG]43572[/ATTACH]

[DAVEB71]

Hi everyone

thanks for the advice,

 

in a nut shell,

 

I have never defaulted on any payments since the ccj started,

 

citizenB should your sentence say

 

'Meanwhile, THEY should not be making threats regarding the debt increasing as you are making payments in accordance with a Court order'.

 

I think thats what your saying right, I always paid over the odds to reduce the debt quicker and always keep me in the black so to speak if thats how it works.

 

dx I havent got all my statements but I have my bank statements as far as they go back online

so I think your right a SAR would be a wise move but I wasnt sure at first who to send it to,

so thanks, and

 

I never contested the ccj as like most I knew nothing about fighting back against these things at the time.

 

I got the ccj as I defaulted on a sofa from dfs for what seemed at the time not very long,

 

next thing blue c/court papers through the door, and judgement was served,

 

if only I knew then and all that eh! and Ive been paying it off ever since.

 

Cheers everyone

 

Dave

[dx100uk]

how old is the ccj?

 

were the papers served to the correct address

 

dx

[BRIGADIER2JCS]

''The Blue Papers'' are the court claim forms, did you defend the claim?

[DAVEB71]

I think the ccj is from 2008 sorry 100%, and yes dx the papers where served to the correct address, BRIGADIER2JCS, I didnt contest the ccj in any way I just accepted and agreed to the outcome as I thought this best at the time. I ve been getting letters from dlc for about 12 months now not consistantly but enough, all wanting me to change my payment details from BH to them but I just ignored as like I said no NOA, of that Im certain.

 

Cheers

 

Dave

Edited May 3, 2013 by DAVEB71

[citizenB]

Hi everyone,

I think I started this subject on here first but I cant find it and Ive had some advice already on another forum but I was wondering if anyone has anything further to add to what Ive already got planned, just looking into what DLC are upto really, thanks in advance.

 

Ive been contacted by dlc with regards to an existing ccj that I am paying to Blackhorse, they keep asking me to to switch over my s/o details to theirs but as Ive received no NOA to date from Blackhorse Ive just ignored them, anyway today they've sent me a letter saying:

 

"We are very surprised that you have not made payment in accordance with the arrangement we recently agreed, particularly as you are aware of the fact that additional costs will substantially increase the debt if an application is made for enforcement.

In order to try to help you avoid further expense we will hold action for 7 days. We must stress however that if the promised payment is not received within that time we really will not be able to hold up matters any longer.

 

 

Firstly I have never made any contact or replied WHAT SO EVER to the correspondance sent out by these people let alone set up any form of arrangement with them and secondly I pay this ccj to BH every month by s/o as per the court ruling at twice the value set by the court, so everything else aside theyre lying in the first instance.

I have scribbled a letter to send to them saying received no NOA, have no idea who your company are and what you have to do with me, that my monthly payments go out by s/o every month and I never miss, and that Ive noticed that the outstanding balance doesnt look right.

I would of thought they would have to formally prove who they are with regards to a ccj by sending me a NOA from the original creditor as they could be anyone.

So I m looking for some advice to enable me to write them a snotty reply stating if the ccj is now theirs and they have bought it that they will have to pass on the relevant paperwork to me before I go any further.

Any advice is appreciated.

 

Cheers

 

Dave

 

 

I think in addition to the Assignment letter I have posted previously, I think you should perhaps also write to DLC Head/Registered office along the lines of.

 

Dear Sir or Madam

 

Their letter reference/account number

 

I am in receipt of your letter dated XYZ. I would respond as follows:

 

Your statement that I am not making payments in accordance with an agreement made with you, is rather confusing. Mainly because :

 

a) I have at no time entered into an agreement with DLC

b) The account is subject to a County Court Judgment and I am paying in accordance with the Court order dated XYZ.

 

Until such times as the original Claimant, eg - Blackhorse, advises me that alternative payment arrangements are required then I will continue as per the court order.

 

It is also my understanding that if you are considering the actions of "Enforcement" implied in your letter, then you would have to apply to the court to have your name substituted on the claim, costs of which you would be responsible for.

 

I would of course be able to prove that I am indeed maintaining the payments demanded on the order, to the claimant named on the order.

 

I look forward to your early response.

 

Yours faithfully,

 

etc, etc.

 

 

 

[DAVEB71]

Cheers citizenB

 

Thats more or less what I had drafted up to send to them in the first instance however your version is more direct than mine as I tend to get personal and go on abit for the simple fact they are p***ing me off now.

 

So thanks again mate

 

Dave

[DAVEB71]

Thanks everyone for the advice its much appreciated.

[citizenB]

It is too easy to become either angry or emotional and lose the substance of the situation. Please keep us updated..

[DAVEB71]

Cheers everyone

 

I will be writing to them today I will keep you posted.

 

Dave