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    • no read it properly they have bought the debt. you've already received their notice of assignment.   std letter they send to every CCA request in reply if you go read like threads.   dx  
    • and the claimant has to have a copy of yours omit phone/email/sig on their copy. get it done don't await the deadline date.   as you'll see in another idem claimform thread just below yours the idem N180 no to mediation and wanting 1 month needs to be objected to.    
    • issuance of a claimform pauses the sb clock.   surely you cant say they are in default of your sec 78 as they have complied, better to say they have not fully complied.   the DN is NOT covered by a CCa request.   ive removed your earlier upload as crossing thru with a felt pen dos not obscure your details and  your name is clearly visible as well.        
    • Whoops........... I think I might have missed that bit off 😆   Here it is in its entire form:   1.    The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2.    In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.  3.    The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4.    Despite repeated requests for payment, the sum of £716.38 remains due and outstanding.  And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.     Defence   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.  It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.   Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.   I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.   On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.   On the 7th October 2019 Lowell provided a photocopy of an agreement and statement.  They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt.  To date, 23rd October 2019, I still await their compliance.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement with the Claimant; and b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 c) show how the Defendant has reached the amount claimed for; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
    • Hi thanks all off you for your help.   I'm having rest now.
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gaca42

DLC/Hillies and an EGG debt

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Hi, I am reading your comments with interest. Wondered if you have any comments to make on my own situation. I took out a loan with Egg in 2001 and defaulted in 2003 during my divorce. Was contacted by DLC and agreed a repayment plan of £65PM, have been paying that ever since.

 

I have recently managed to get car finance, and within 2 weeks was contacted by DLC threatening me with everything other than death!! They were really intimidating, and I actually paid them an amount over the phone. there is still around 6k outstanding and said they will call me back this Friday to see if I have raised the rest of the money, or they were going for a charge on my property. Does anybody have any suggestion on how I should deal with them?:(

 

Regards

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Yes. DLC are easy to deal with. Send them a CCA request. For an Egg loan from that long ago, it's unlikely they can supply a CCA and if they can, it will more than likely be unenforceable anyway. Once this is established, then they'll have to dance to your tune. :D


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Thanks for that, is there an example available for me to work from? regards

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There's a template letter in the forum library section. :)


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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I wouldn't let DLC bully you thats for sure...

 

Do as Fuzzybobble states and request a CCA, at the same time as this just remember that for DLC to get a charge on your property there are several steps they have to take before getting there.

 

They would need to take you to court and win (without a credit agreement this would be diffcult)

 

At this point you would speak with the Judge and tell him what you can realistically afford to pay back monthly...it may be that £65pcm is an unreasonable amount to pay them back each month and an award for much less is made...

 

At this point and providing you maintain payments to DLC at the rate the court set...well, that is where the judgement will stay, no charge will be added against your property, it is only usually in the event of you missing payments on the ccj that they can go back to court and gain a charge....

 

So, their threats at the moment are just that, threats and like all threats you should ignore them or turn the tables by requesting items such as a CCA and possibly even a SARs to egg to keep them both busy.

 

I would strongly advise you to NOT under ANY circumstances talk to DLC on the phone, they will say all manner of things to try and frighten you into making a payment, do not identify yourself to them on the phone, do not give them any details such as d.o.b etc...and when they identify themselves simply ask them to put their concerns in writing to you and then replace the receiver....

 

If they continue to phone then use the letter for unwanted calls from the templates section and send it recorded delivery to them.

 

DLC along with Hillsden in my opinion are nothing more than a bunch of lying conniving corrupt buch of miscreants not worthy of anything more than contempt.


I reside in Dawlish Warren but am not a rabbit.

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Thanks for that Deb T.... Made me feel better, would like to avoid another ccj though, credit just begginning to get back on track!

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I understand that but DLC do not as yet appear to have the correct

documentation to go forward and at the same time as this a ccj would possibly result in them getting a reduced amount each month from the £65pcm you are currently paying....In any case it is the original creditor that would push the button for court action and they're not likely to do that given your current payment regime etc.

 

If it was me I would do several things such as write to Egg informing them of the tactics of DLC as in threatening/intimidating in phone calls and at the same time as this I would remind egg of your payment record since default as in regular payments etc and I would cc in DLC ...


I reside in Dawlish Warren but am not a rabbit.

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I'll try that and keep you informed. thanks :)

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Hi,

 

Just had my reply to my CCA request, I sent it to DLC but got a reply from Hillesden Securities!! I reads as follows.

 

Account Number XXXXXXXXX Formerly Egg Banking PLC xxxxxxxxxxxxxxxx

 

Thank you for your recent letter regarding the above account. I can confirm and advise the following:

 

1) I Acknowledge receipt of your payment of £1.00 in connection with your data request under the credit act.

2) We are still awaiting a copy of your original agreement and statement of account from the original lender Egg Banking PLC. When they come available we will forward to you.

3)If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the consumer credit act 1974

4)We would like to draw your attention to the ruling in the case of McGuffick v rbs judgement dated 6 October 2009 in relation 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 status to the Credit Ref Agencies as this is also not considered as enforcement.

5) Whist 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 the account will remain with our collections dept for collections activity to continue.

 

I wll update you on developments in 21 days if ther are no developments beforehand.

 

Does anyone have any thoughts or advice on the contents?:confused:

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Yep, do nothing...It is a standard letter they send out, they'll send you one every month.

 

I've had the same letter now for nearly a year, I've not responded to one and neither will I until such point as they actually produce an agreement.

 

After a time they'll put another DCA on the case, possibly Zinc collections who in my opinion are another bunch of idiots who will send you a letter stating that their indepth online investigations have revealed you own Buckingham Palace and they want a share etc.

 

Do nothing where Hillsden are concerned, you've put them on notice you want a true signed copy of an agreement, they haven't as yet been able to provide it and they acknowledge (no choice really) that without it they cannot enforce the debt but they'll try and collect it anyway....yeah right.

 

Sit back, the World Cup is coming to a TV near you.


I reside in Dawlish Warren but am not a rabbit.

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HaHaHa!!:D

 

You crack me up Deb!! Should I continue with the monthly payment?

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You were paying them £65pcm were you not?

 

It is really a matter of personal choice as to if you want to continue to pay them in th absence of a true signed copy of your credit agreement?

 

Personally speaking I would not (and have not since my own request to Hillsden/DLC)


I reside in Dawlish Warren but am not a rabbit.

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Don't think I will then! thanks

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DLC send me 2 of those letters each month. Got a nice collection going now. All identical apart from the dates lol.

 

May just call them and give them some stick now I've worked out how to record calls, and block my number on my new mobile. Should be able to have some real fun with the DCA's with 600 free mins a month lol.

 

I have a few ideas for calls, so when I get some time free, I may just stop a few of their call centre monkeys from hitting their call targets. ;)


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Hi, had a letter from DLC stating they cant provide original credit aggreement because of age of debt, and cant inforce, although they state I am still liable for the debt! is there something else that I should do in reply?

 

Thanks

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They have kinda shot themselves in the foot.

 

They can't fulfil a CCA request, no agreements means no court action..... just ignore them until it's SB.

 

I CCA'd them 4 years ago, after 3 years of the standard "we are chasing up your request" letters I got one saying "we can't enforce your agreement but please pay us".... that was a year ago.

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Hi, Have now recieved a copy of original credit aggreement with what looks like my signature on... they state ( Please find enclosed a copy oy your original agreement, along with current terms and conditions and those applicable at the time of inception. Please refer to section 5 in original terms and section 2 of the current terms, which confirms when payments fell due under the agreement and the basis for calculating the amount of the payments that were due. This now completes our obligations under Credit Act 1974 and satifies your s78 request. And should contact collections to arrange payment!

Could any body advise what I should do next.

 

Thanks

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You need to scan it, hiding your details and post it up so the experts can advise you IF indeed it is a proper, enforcable agreement.

It has been known that DCA's occassionally get confused and feel that a CCA is valid when they are only applications forms etc.

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Thanks, will endeavour to find a scanner.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 3143 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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