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Hillesden Sec / DLC alleged First Plus Financial Group debt from 2003


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Good Afternoon,

 

Sorry to jump on another persons post, but I to have been contacted recently by Hillesden Securities Ltd / Direct Legal & Collections reference to an alleged debt from 2003 and am after some advice.

 

The first letter was a 'Annual Statement of Account' which I received 7th May 2013. The Statement Period is for 07/05/2012 to 06/05/2013, although this is the first correspondence from them.

 

Details on the statement are: -

 

Creditor Reference:
#############

Creditor name:
Hillesden Securities Ltd formerly First Plus Financial Group

Telephone number:
0844 335 8372

Account name:
Mr ######## ###########

Account number:
######

 

Original date of agreement:
dd/mm/2003

Duration of agreement:
Original term no longer applicable

Amount of credit provided: Balance purchased by Hillesden:
£1086.43

Rate of interest applied: Not applicable.
Interest is no longer being charged.

Statement date:
07 May 2013

Upon opening it I scratched my head as I have no recollection of any known debt that I have, nor have I had any contact from DLC prior to this. I double checked both Equifax & Experian and there is no record of any such debt still being owed, so I put the 'Statement' to one side.

 

Also, carry out a very quick search on the internet, it seems letters of this type aren't that uncommon and they're just chancing their luck.

 

Then I receive a letter dated 10th May 2013, which reads as follows: -

 

Dear Mr

 

dlc Ref:
LIT1/###########

Client:
Hillesden Securities Ltd

Balance Outstanding:
£1086.43

 

We write with reference to the above account and note that it has been a while since we had contact with you.

 

May we ask that you contact us as soon as conveniently possible to make an arrangement in respect of the outstanding balance?

 

Please be advised that failure to respond to this letter will result in a further assesment being made of your current financial situation.

 

Yours sincerely

 

Litigation Department

direct legal & collections.

Rightly or wrongly I didn't contact them, especialy when the date of the letter of only 3 days after my 'Annual Statement'

 

Today I wake to this letter date 5th June 2013: -

 

Dear Mr

 

dlc Ref:
LIT1/###########

Client:
Hillesden Securities Ltd

Balance Outstanding:
£1086.43

 

We wrote to you recently regarding the outstanding balance and note that you are yet to respond.

 

We have considered the options available to us in seeking recovery of the balance. In view of your failure to co-operate we see no alternative but to refer the matter to our Solicitors with a view to you being summoned to Court to provide information as to your financial means. This will incur further costs.

 

If you wish to avoid the above course of action you should contact our office on 0844 980 0184 to discuss repayment of the balance.

 

Yours sincerely

 

Litigation Department

direct legal & collections.

Looking at the actions taken so far by yogz66, and wanting to get this settled and them to 'do one' should my next (first) step send them a CCA Letter?

 

If so, has anyone got a template of such a letter that I could use?

 

Thoughts & advice very much received.

 

Thanks & Regards

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http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

letter N

 

do NOT sign it! just print your name. send it minimum recorded delivery, so that they've got to sign for it's receipt, and you can tell they have through the royal mail website. don't forget the £1 po/cheque.

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http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

letter N

 

do NOT sign it! just print your name. send it minimum recorded delivery, so that they've got to sign for it's receipt, and you can tell they have through the royal mail website. don't forget the £1 po/cheque.

 

Don't forget to write on the back of the postal order "fee for CCA request only - NOT to be used as payment" take a photocopy of the front and back of the PO and keep the copies with your copy of the letter - just in case they decide to say you've made a payment and thus acknowledged the debt.

 

You should also include in your letter the paragraph " I have no knowledge of the debt you claim I owe to you or any creditor you represent"

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Don't forget to write on the back of the postal order "fee for CCA request only - NOT to be used as payment" take a photocopy of the front and back of the PO and keep the copies with your copy of the letter - just in case they decide to say you've made a payment and thus acknowledged the debt.

 

You should also include in your letter the paragraph " I have no knowledge of the debt you claim I owe to you or any creditor you represent"

 

Thanks Ell-enn, I'll do as you suggest.

 

Regards

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own thread created

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi,

 

Just thought I'd update people with regards to the latest correspondence from DLC.

 

As advised by other members of the form, I sent DLC the CCA template along with the £1.00 fee and yesterday I received the following reply: -

 

Dear Mr xxxxxxxxx

 

dlc Ref: ############

Our Client: Hillesden Securities

Agreement No: ######

Balance Outstanding: £1086.43

 

We acknowledge receipt of the £1.00 fee accompanying your request for documentation under the Consumer Credit Act 1974.

 

We have filed a request with the original lender, First Plus Financial Group, for the documentation which will be sent to you once received in our offices. In the interim, your account will be placed on hold.

 

In the event that we are not able to provide you with a copy of the original agreement we will supply a reconstituted copy which satisfies the requirements of the Act.

 

Should you require anything further at this point please contact us accordingly. We will update you on developments in 21 days if there are no further developments beforehand.

 

Your sincerely

 

Litigation Department

direct legal & collections

 

Browsing some other posts regarding DLC, this seems like a normal response from them.

 

However, something that puzzles me...

 

  1. They sate that their client is Hillesden Securities, yet they're contacting the original lender First Plus Financial Group?
     
    Does this mean that DLC are claiming to have taken on the debt from Hillesden Securities, i.e. it's now a 2nd/3rd hand debt?
     
  2. ".... supply a reconstituted copy....." A made up copy of the original agreement?

Do I now wait the 21 days for them to come back to me with either the original agreement, or their reconstituted one or do I do something in the meantime?

Advice & thoughts most greatly welcome.

 

Many Thanks & Regards

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they have 12+2 WORKING DAYS regardless

 

then you can stop any payments & send off the failure to comply letter.

 

if you account is older than apr 2007

a recon will not do.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they have 12+2 WORKING DAYS regardless

 

then you can stop any payments & send off the failure to comply letter.

 

if you account is older than apr 2007

a recon will not do.

 

dx

 

Hi & thanks for the reply.

 

Just to clarify.... Is that 12 + 2 days from the date of their last letter, in this case the 20th?

 

Also, the agreement they claim is dated 2003, so the recon is a no go for them, or is it from the last payment ?

 

Thanks & Regards

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12+2 WORKING days from when you SENT the CCA

 

nothing to do with ANY payments.

 

a recon is NO GOOD in court.

 

they MUST have a copy of your SIGNED original agreement

 

DLC are famous for lemon debts

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it is highly unlikely they will have a copy of your agreement

 

trust me, been down this route with them

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?214128-morteee-v-DLC-round-2&p=2977044&highlight=#post2977044

 

thats my thread

 

they are full of it ;)

claim v natwest WON!

 

all posts made by myself are without prejudice

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  • 2 weeks later...

Hi & Good Morning,

 

So by my calculations tomorrow 8th is the deadline for DLC to respond to my CCA.

 

My question is what do I do next, what are my next steps?

 

Do I wait a couple of days longer to allow for an delay in postal delays?

 

I know that they received and signed for the letter containing the CCA on the 18th June. So 12 + 2 working days gives them to tomorrow.

 

Thoughts & advice much appreciated.

 

Regards

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Hi,

 

Well, since I haven't had any further correspondence from DLC I suppose it's time for me to send off another letter..... 'Failure to comply'?

 

I am correct in thinking this is the next step to take?

 

If so has anyone got a template of one that I can use and any further advice on the next steps to take?

 

Many Thanks & Regards

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If I recall correctly - First Plus only offered secured lending - if this was a genuine debt on behalf of And385 - then surely the DCA would be looking to take action based upon the charge on the property

 

This says to me that something is not quite right. I would also be pretty confident that any First Plus loan from 2003 had PPI in there and that this would exceed the balance of £1,083 quoted

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  • 2 weeks later...

Hi,

 

So just to update you all on the current status....

 

This morning I received the following reply from DLC to my 'Failure to Comply'

 

 

 

Dear

Account Number XXXXXXXXXXX Formerly
First Plus FinancialGroup XXXXXX

We refer to your complaint letter dated
12 July 2013

 

Please find enclosed a copy of our
complaints procedurefor your records.

 

Complaint details
(summary)

 

Our understanding of your complaint is
that we havefailed to comply with the Consumer Credit Act 1974. You state that
your request is now in defaultand the account is unenforceable. You also request
that all further contact be made in writing.

 

If our understanding of your complaint is
incorrect,please inform us accordingly.

 

Our findings

 

Having investigated the claims raised, we
can confirm andadvise the following: -

 

·
We received your request under the Consumer
CreditAct 1974 on 19 June 2013.

 

·
A response was duly sent to you
acknowledgingreceipt of your request under the Act the same
date.

 

·
We made a referral to the original lender for the
required documentation and advised you of this accordingly.

 

·
We are reliant upon the original lender to supply
us with the documentation requested and therefore do not feel that we should be
penalised for any delay that may occur.

 

·
The logistical aspects of recovering a
document from the original lender’s archives makes it virtually impossible to
comply within the retrieval timescales envisaged appropriate by the Act some 39
years ago.

 

·
At the time your complaint letter was received, we
were technically in breach of the 1974 Act, however this can be remedied
by providing the documentation which we fully intended to do.

 

·
Once the documentation becomes available a
copy will be forwarded to you.

 

·
If we are unable to forward a copy of the original
agreement, we will be able to supply a ‘reconstituted’ copy of thedocument which
will comply with section 77 – 79 of the Consumer Credit
Act 1974.

 

·
We would like to draw your attention to the ruling
in the case of McGuffick V RBS Judgement dated 6 October 2009 inrelation to
‘what is considered enforcement’; the Judgement stated that the bringing of
proceedings is not enforcement. It follows that demanding payment is a step
taken prior to the commencement of proceedings and therefore not considered
enforcement. We will continue to report the account statusto the Credit
Reference Agencies as this is also not considered as
enforcement.

 

·
Whilst we may not be able to enforce the agreement
until the documentation is provided, the monies remain outstanding and the
underlying obligation to repay remains intact. In view of the above Judgement
that account will remain with our collections department for collections activity
to continue.

 

·
It is important to remember that the purpose
of section 77/78 of the Consumer Credit Act 1974 is to provide information
to customers, not to establish whether or not there was a properly
executed agreement in the first place or to be used as a tool to withhold
payment.

 

·
As we do not hold a valid telephone number for you,
all correspondence will continue to be made via written
communications.

 

Summary

 

Further to the above, your claims
surrounding failing tocomply with your Consumer Credit Act 1974, have been
upheld.

 

Your account remains with our Litigation
department whowill keep you informed on the progress of your
request.

 

We trust this now resolves the matter.
Please confirm this by either in writing orby telephoning our offices on 0844
9801608. We await your response no later than 31 July 2013.

 

Yours sincerely

 

 

I also received another letter at the same time and dated the same date 17th July advising me that have followed up with the original lender for the documentation and that they'll update me with 21 days if not beforehand.

 

What are my next steps especially with regards to replying regarding my complaint?

 

Thanks & Regards

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If I recall correctly - First Plus only offered secured lending - if this was a genuine debt on behalf of And385 - then surely the DCA would be looking to take action based upon the charge on the property

 

This says to me that something is not quite right. I would also be pretty confident that any First Plus loan from 2003 had PPI in there and that this would exceed the balance of £1,083 quoted

 

If First Plus do provide the original agreement and there is PPI against the original loan, is it possible to claim the PPI even on a loan that has defaulted?

 

Thanks & Regards

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they are just willy waving.

 

yes you can get the ppi

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they are just willy waving.

 

yes you can get the ppi

 

dx

 

Thanks for the reply.

 

I've thought this to be the case ever since the first letter dropped on the door mat.

 

I'll see what they turn up, would be something if there was PPI to claim back. :-D

 

Regards

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i'd sar first plus

you'll need thhe statements anyhow

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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