Hillesden Secs/Direct legal and collections

[pj41]

Thanks for that. I am sure there is small print. What i was after was if someone buys a debt at say 10% of its original value surely the first creditor has written off the rest, so how can the original amount still be owed to the second party?

 

Paul

[pj41]

These are a debt collection company who have purchased a debt off a City Bank credit card.

 

The have issued a County Court claim against me for just over £5k including costs.

 

As they have purchased this debt and people recon @12% max in the debt collection threads. Surely they must only be able to recover thier cost to buy the debt and not what I owed City Bank before they sold it on.

 

Can anyone offer any advice on the legalities of this?

 

 

Thanks

[ivorbiggun]

I think that when you sign a credit agreement the small print somewhere says that they can assign or sell the debt to someone else.

 

See Andrew1's thread on Debt Collection Agencies. His first post gives good advice.

[silverbird_9t9]

Hi pj41,

 

My understanding is that a company that buys debts will buy in bulk. They may pay only 12% of the total outstanding but many of them are not recoverable (debtor has gone bankrupt or died perhaps). As for collecting more than they paid, their purpose is to make a profit otherwise why bother?

[pj41]

Hi Silverbird9t9,

 

Well I have responded to the court and have 28 days to file a defence.

 

I've written to these people with a dpa and a request for true copy contract etc under the cosumer credit act.

 

If i dont do anything I loose!!!

 

I recon that based on what you say I will go for a counter claim for extorsion.

 

I aint payin debt for a dead bloke (Person).

 

Cheers

 

Pj41

[silverbird_9t9]

Hi pj41,

 

Sorry, I don't think I explained myself very well. It's not that you are paying someone else's debt. It is more a case of the DCA company gambling on being able to collect more than they paid for the debt and therefore making a profit. I don't know what the legal implications are so please take further advice before you use this in your defence.

 

Good luck

 

Sharon

[alanfromderby]

Hi Silverbird9t9,

 

Well I have responded to the court and have 28 days to file a defence.

 

I've written to these people with a dpa and a request for true copy contract etc under the cosumer credit act.

 

If i dont do anything I loose!!!

 

I recon that based on what you say I will go for a counter claim for extorsion.

 

I aint payin debt for a dead bloke (Person).

 

Cheers

 

Pj41

 

The debt collection agency are entitled to seek enforcement of the full debt - providing that they have all the correct paperwork. The price they paid for the debt has no bearing on the case - and they do not have to reveal it.

 

If the debt is not statute barred - which I presume will be the case as you have not indicated that it is an old debt, then your best option is to see if they have the correct paperwork.

 

As you have sent a Consumer Credit Act request then they should provide a copy of the original agreement within 12 days. If they don't then that is point 1 of your defence.

 

If you are aware of any unlawful charges in the original debt, then you would be able to defend part, or all of the claim on that basis.

 

If all else fails, it is vital you attend court, as they almost certainly will not - the judge is then likely to agree to a very small repayment plan. Maybe as low as £1 - £5 per month, depending on your income/expenditure.

 

Of course if they fail to provide a copy of the original agreement - then the court will throw out the action anyway, and the debt will be unenforceable.

[pj41]

Hi Sharon,

 

No worries i've sent it off now anyway.

 

Just doing battle with GE Money at the moment. (they are in chaos!!!) its great

 

 

Paul

[pj41]

Thanks for that alanfromderby.

[pj41]

These Jokers took until th 31st to cash my cheque.

 

Anyone know when the 12 working days start from ??

 

12 days is a long time lol.

 

 

Thanks

 

Paul

[Seminole]

As far as I'm aware it's from the day that they receive your letter.

[pj41]

Hi Alanfromderby,

 

This might sound like a stupid question but, where do I lodge a default? Hillesden securities (a DCA) have not responded to my Consumer Credit request (recieved 25th May) although they cashed my cheque on the 30th May, now 14th June

 

I have a hearing coming up in approx two weeks do I just go to court and say Your Honour there's a copy of my letter to them, they cashed my cheque see copy bank statement, what debt?

 

Any advice would be greatly appreciated.

 

 

Thanks

 

 

Paul

 

 

MOD NOTE: MOVED TO ORIGINAL THREAD

[alanfromderby]

Trying to work out where you are with things. Have you filed a defence - if so, did you include the point that they have failed to provide a copy of the original signed agreement?

[pj41]

Hi Alanfromderby,

 

Sorry for the delay in replying to you.

 

My defence was. I have done a CCA and a DPA.

 

No responce from hillesdens letter back from the court that it will be stayed after 28days if not heard from Hillesdens.

 

I rang the court last Friday. No responce from Hillesdens been stayed.

 

 

Cheers Paul

[alanfromderby]

Did the court state the length of they stay?

[pj41]

Hi Alan,

 

According to the chap I spoke to he suggested that they have up to six months to apply for the stay to be lifted and could start procedings again if they want to. He suggested I call every two weeks to see if there have been any developments.

 

You know something I don't ? LOL

 

 

Cheers

 

 

Paul

[alanfromderby]

That is an excellent result then.

 

It looks like the Judge has seen that the paperwork is not in order, and they have been told that they must get it sorted before the case can go ahead. I would also expect that they will have to provide the documents, and an explanation to the judge, before the case can continue.

[pj41]

Hi Alan,

 

If i have understood all the valuable info' on this site, Hillesdens have defaulted and commited an offence. What do I do with that fact?

 

I would like to hold a "trump card" as I am fairly sure that, in time, they will be able to produce the correct documents.

 

I recon that in the meantime I will let sleeping dogs lie and wait and see.

 

Thanks again

 

 

Paul

[alanfromderby]

Unfortunately the trump card is being held for you by Trading Standards. They are the ones who could take forward any prosecution. I would agree that your best option now is to just let this matter die - I will be very surprised if they can be bothered.

 

However, if they do try to resurrect it at any stage, then TS is your route.

[pj41]

Hi Alan,

 

 

Fair enough and thanks again.

 

Cheers

 

Paul

[Sea Gull]

Hi there First posting after meeting the lovely peeps at DLC

just had my first telephone convo with them, asking for higher payments or they will go for charges on the house, can they do this if there is no default and have paid regulary - any info gratefully recieved

[loops1980]

Are you sure you have not defaulted? What type of debt/account is it? DLC would not of taken the account over if you orignally didn't miss payments with the creditor.

I can only assume you had a set payment plan agreed with DLC, if this is the case, then yes you have defaulted, because you defaulted the orignal repayments with the creditor.

If this is the case, then yes there is nothing stopping them going ahead with a charging order

[2Grumpy]

Are you sure you have not defaulted? What type of debt/account is it? DLC would not of taken the account over if you orignally didn't miss payments with the creditor.

I can only assume you had a set payment plan agreed with DLC, if this is the case, then yes you have defaulted, because you defaulted the orignal repayments with the creditor.

If this is the case, then yes there is nothing stopping them going ahead with a charging order

 

Nothing stopping them apart from them getting a CCJ and then not keeping up with the payments ordered by the court!

 

If you have made an arrangement with the creditor and you are keeping to it, it would be very difficult for the DCA to do anything apart from make threats.

 

It's unlikely that they would repeat their threats in writing. They will be trying to scare you into making higher payments.

 

Start your own thread (best in the debt collection forum) to get some advice on how to deal with this

[2Grumpy]

Just noticed that the post before last was 6 months ago ....

[loops1980]

Nothing stopping them apart from them getting a CCJ and then not keeping up with the payments ordered by the court!

 

If you have made an arrangement with the creditor and you are keeping to it, it would be very difficult for the DCA to do anything apart from make threats.

 

It's unlikely that they would repeat their threats in writing. They will be trying to scare you into making higher payments.

 

I realised how old it was after posting too!

 

As an ex DCA member of staff - I can tell you now by law the DCA doesn't have to except any amount of payment apart from the balance clearing in full (even if you are with a third party debt advisor company) - especially if they own the property, if we thought the payment amount was unrealistic, then there was nothing stopping them from trying to obtain a CCJ and yes the courts can put an order for the debtor to pay a set a amount each month, the DCA can then apply for a variation for it to be changed to forthwith and given permission to 'apply' for a charging order and many times they are successful in doing so.