DLC urgent advice please.

[merrie]

Hi I need help with DLC as they are hassling me fore more money and I am on benefits all the other credit companies are ok at the mo, but DLC have just sent a lovely threatening letter through today saying I have 3 days to respond and keep phoning and hassling me I no longer will speak over the phone after last time they pressured me into upping my payment!

 

I did not increase BTW and are still paying £1 a month and I have sent a letter explaining my current situation but are choosing to ignore it and pressuring me and now threatening me with bankruptcy! I owe £4,471.27 and it is originally too MBNA (hilsden securities ltd) I have previously gone through CAB and they have been helpful in some areas but it does take a while for them to respond or help sometimes and everyone on here seems to know what they are doing and but these companies back in their pens which they seem to get out of frequently!

 

What the letter says;-

We intend to serve upon you a Statutory Demand Under Section 268 (1) (a) of the Insolvency Act 1986. If the above sum is not paid immediately you could be made bankrupt and your property and goods taken away from you.

 

this course of action can be avoided if you contact us within the next three days with your realistic proposals for settlement.

 

So what I am going to do about this and how can i sort this out?

 

I need some advice on what my next step is with this unplesent company:x

 

many thanks in advance, I shall start with these and then get on to the rest.

[lookinforinfo]

Emmerie, they are supposed to give you at least seven days notice prior to taking legal action so they may well just be sabre rattling to scare you into

paying more.

 

Just in case they are not, to stop them in their tracks, send them a CCA request along with £1 postal order. you will find the template letter in the

General Debt section, then you want letter N in the last thread of the

"sticky" subsection.

They have twelve working days plus two extra days to allow for the mail

in which to comply with your request. Failure to do so means they are in default, and cannot pursue you for the debt until they produce the required

documentation.

If they still have not complied within a further month, they have committed an offence and will require a Court order before they are permitted to

pursue you for the debt.

[merrie]

Thanks Lookinforinfo I have sent the CCA request off today and a harassement letter too as they keep ringing! But now have found my recorder on my mobile so if they ring again I can record the conversation.

 

So I guess from reading the other threads I just sit and wait to see what they produce.

 

Thankyou again and once this gets under way then I am off to sort out the other debt companies that have accepted my offer at the mo and send them CCA's too as try and get everything sorted. One by one but DLC are the ones I have to stop.

[merrie]

Thanks KJD and I wish you success too.

 

KJD you should post about DLC coming to your home as that is not legal at all and very suprised it has happened as BTW it is classed as trespassing and call the police about it too as they have no right from what have got from this forum which is great! Also they are not aloud to do that anyway but also not late at night either which goes with the phone calls to which I have sent a haressement letter to to them:D

 

Will post updates when I get but for know it is wait and see what they do.;-)

 

I just I wished I knew about all this when it was first happening to me about 6yrs ago! But I am thankful I do now:)

[pmhcfc]

The chap from DLC called this morning. I told him I had sent a CCA request to them. He wanted to come in and discuss it with me, but I told him I had requested everything put in writing. He kept saying 'I am the last of the good guys'! He did actually seem ok but when I mentioned CCA requests and SARs he said he had been in the busines for ever and had never heard of these documents! OK - Whatever! He asked for my phone number, mobile number, could he come back with the response to my CCA request. I firmly but politely told him no, I wanted everything in writing. And so he left! For me, that is a minor but significant result. Small steps....

 

KJD..You should have just said "If you're not off of my property in 5 seconds, I'm ringing the police." Then you should of shut the door on him.

[merrie]

Sorry but KJD can you please start your own thread regarding your problem as at the mo your hijacking my thread and you would get more help I am sure by starting your own thread.;-)

 

As that is how it works on this forum.;-) I would just like to make sure you get the help you need and I get the help I need on here by having our thread that say what help we need.

[KJD]

Apologies.

 

And good luck

[merrie]

Thats ok I knew you were not doing it intentionally and I wanted you to get the help you need.

 

Hugs

[merrie]

This is what I got while my CCA was sent to them and I ingored this:

 

21feb07

You have failed to respond to our previous communications therefore an agent may now be instructed to call at your address to collect the amount owed to our client, or attempt to arrange suitable repayment terms.

 

To prevent this you must telephone one of our negotiators in the next 72 hours.

 

As I said I knew it is one of their threats and ignored it as only responding in writing and my CCA was on the way!

 

Good news my CCA was delivered on 21 feb:)

 

However today I have recieved this from them:-

 

23Feb07

We write further to previous correspondence.

 

We are enclosing a Financial Analysis which you should complete and return to this office, together with proof of your income i.e wages or state benefits.

 

We look foreward to your early reply, but should you have any queries regarding the above please contact the writer on receipt of this letter.

 

So my question is shall I ignore this as I have sent my CCA? (which I used one of your stickers on the envelope when sent it! )

 

As I feel until they can produce the CCA then I should not respond to them as what I have now realised that my debt was with mbna and not DLC and that I shouldn't of given them a penny but until I found this site I did not know this and I wished that the CAB did when I started to sort out my debts 2yrs ago. But I am thankful I have found you guys now so but back then well before then when I got into financial strife I did bury my head in the sand as I did not know what to do, as I feel not many do really!

 

So I am so glad that this forum is around now and when I have enough experiance I will gladly help out where I can.

[tinkitrace]

Ignore it they want you to acknowledge the debt. Give them the time for the cca and do not send anything until they send you this. Be patient give them the 14 days and then the month if they can not provide what you are asking for then they have no authority to chase the debt. Don't worry just be patient.

[lookinforinfo]

You could write back to them saying that they should be aware that as they

have not yet complied with the CCA request, their letter of the 23rd Feb was

in contravention of OFT guidelines. Any further correspondence in similar

vein from them,prior to their CCA compliance, will lead to a complaint to your local Trading Standards office.

[merrie]

I got this letter on friday from Hilsden Securities!

 

Dear ********

 

Account number *******- Formerly MBNA Europe Bank ************

Thank you for your recent letter dated 19th February 2007 regarding the above account. This has been passed to me for attention.

 

I would confirm the following:

1. I acknowledge receipt of your payment of £1 for your request for documents under section 78 of the Consumer Credit Act 1974.We are still awaiting a copy of the original agreement with MBNA Europe Bank. However, when this becomes available it will be forewarded to you.
   
2. If we are unable to foreward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credits Act 1974.
   

 

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

Yours sincerely

pp

 

So can some one just advise me a bit on this letter and it seems they have passed my acount back then to deal with the CCA why?

 

All I am going to do is just wait to see what they comeback with and hopefully nothing would be brilliant:grin:

 

Thanks:-)

[pmhcfc]

I got this letter on friday from Hilsden Securities!

 

Dear ********

 

Account number *******- Formerly MBNA Europe Bank ************

Thank you for your recent letter dated 19th February 2007 regarding the above account. This has been passed to me for attention.

 

I would confirm the following:

1. I acknowledge receipt of your payment of £1 for your request for documents under section 78 of the Consumer Credit Act 1974.We are still awaiting a copy of the original agreement with MBNA Europe Bank. However, when this becomes available it will be forewarded to you.
   
2. If we are unable to foreward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credits Act 1974.

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

Yours sincerely

pp

 

 

So can some one just advise me a bit on this letter and it seems they have passed my acount back then to deal with the CCA why?

 

All I am going to do is just wait to see what they comeback with and hopefully nothing would be brilliant:grin:

 

Thanks:-)

 

Just a copy of a letter many before you have had... Makes you laugh that 2nd point of theirs eh? Your answer is obviously > Er NO IT WON'T BE ENOUGH MATEY !!

[lookinforinfo]

DLC have handed it back to Hillesden-so you will hear no more from DLC.

Hillesden now have to comply with your demand by 12th March to avoid

defaulting. Until they do respond with all the required documents, they cannot pursue you for the debt, and you need not pay them. Should they

fail to supply them after a further month has elapsed they will have committed an offence. You are still not out of the woods but things will be

looking a bit better for you.

Under the CCA request, they must supply you with a copy of the original

agreement, not a blank copy of the agreement that they are suggesting will

suffice-it will not. The wording in the Act is the "executed agreement", in

other words the copy signed both by yourself and MBNA prior to you

commencing your relatioship with them. An unsigned copy of that agreement is no proof that there was a contract between you.

I have no idea where they get 21 days from-by that time they will already be well in default.

Just relax now Merrie, and be patient. Don't respond to their letter to let

them know that you know that letter was a load of rubbish.

[kennyparkroad]

subscribing to this!

 

hope it goes well!

[tifo]

DLC is a trading name of Hillesden so nothing has been 'handed back' they just will stop for a while.

[beancounter]

By the way, Hillesden Securities Ltd is part of the Faccenda Group which is owned by Robin Faccenda, the chicken farmer with the £75m personal fortune, according to the Sunday Times Rich List.

[tifo]

yes, i saw that on their website as well ...

 

at least they have an almost endless supply of workforce then!

[ODC]

yes, i saw that on their website as well ...

 

at least they have an almost endless supply of workforce then!

Apparently the chickens were too intelligent to work for Hillesden Securities.

[tifo]

Apparently the chickens were too intelligent to work for Hillesden Securities.

 

Not after having their heads chopped off ...

[merrie]

Today 01:46 lookingforinfo

DLC have handed it back to Hillesden-so you will hear no more from DLC.

Hillesden now have to comply with your demand by 12th March to avoid

defaulting. Until they do respond with all the required documents, they cannot pursue you for the debt, and you need not pay them. Should they

fail to supply them after a further month has elapsed they will have committed an offence. You are still not out of the woods but things will be

looking a bit better for you.

Under the CCA request, they must supply you with a copy of the original

agreement, not a blank copy of the agreement that they are suggesting will

suffice-it will not. The wording in the Act is the "executed agreement", in

other words the copy signed both by yourself and MBNA prior to you

commencing your relatioship with them. An unsigned copy of that agreement is no proof that there was a contract between you.

I have no idea where they get 21 days from-by that time they will already be well in default.

Just relax now Merrie, and be patient. Don't respond to their letter to let

them know that you know that letter was a load of rubbish.

 

Thanks lookingforinfo I figured the best thing to do is just wait.

 

DLC is a trading name of Hillesden so nothing has been 'handed back' they just will stop for a while.

 

Yes I thought the companies were linked but like others it really should be one company dealing with you and not be passed around to everyone that the main company owns as boy no wonder I have got confused in the past with which DCA I am supposed to be dealing with:? But now I am starting here with this one and then will start on the others.

[morteee]

I wish you luck with this I am currently paying off an Alliance and Leicester debt through DLC [edited].

 

Despite my OVER paying them on their montly repayments I have so far a phone call threatening me with an attatchment of earnings (called their bluff on that one as I know only a court can order that) and then another phone call threatening me with baliffs even though I have NEVER missed a payment, if they so much as squeak in my direction again I am going to send off a CCA request and the letter from here requesting the removal of my telephone number which they must have gained by fraudulent means as its ex directory and I dont even give my bank my tel number!

 

I'll watch this thread with interest trust me!

[merrie]

Ok have recieved a letter today from Hillesden Securities:-

 

Further to our letter dated 1st March2007 regarding the above account, please find enclosed a copy of your original agreement with MBNA Europe Bank, as requested.

 

Yours sincerely..........

 

And then on another sheet of paper have a copy of agreement, both sides they have not got it straight on the page! Also the agreement has been stamped but I can barely make out the dates, I say dates as there are several stamped, I am not including my own.

 

so some help here please would be great.

 

Many thanks:)

[merrie]

I have looked closer and it appears to be and application form, which the title is obscured by a barcode and this is a copy of a copy too, will try and scan and put it up later to see what you guys think and where I go from here.

[tifo]

they sent me the same, except mine is very clear.

 

they also sent me two pages of what they call "a Deed of Assignment", which seems to be an agreement between Hillesden and MBNA to exchange accounts. But this is dated about 8 months before they bought my account.