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Issues with DLC / Humpty Dumpty


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Hi all... to give some background:

 

- DLC have been continously chasing me for a debt they are pursuing for HD

- I sent letter on 27th Feb saying don't harrass me or I'll report to TS and OFT

- Above letter also contained standard CCA request

- Royal Mail indicate that letter was delivered on 28th Feb (12 working day rule therefore was 15th March; 30 days = 7th April)

 

Now, on the 7th March, I received a letter (dated 5/3/07) from Hillesden Securities Ltd which advised the following points:

 

1. Acknowledges receipt of the £1 payment re: CCA request

 

2. This account has been assigned to Hillesden Securities T/A Direct Legal & Collections to collect on our clients behalf

 

3. Your request under the CCA 1974 would normally be made direct to the client that legally owns the account, in this case Egg Banking PLC, however we will put a request in to them on your behalf for the documentation required

 

4. 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 s78 of CCA 1974.

 

I will update you in 21 days if there are no developments beforehand.

 

So I guess my questions to you all are - are DLC/Hillesden now in default, or does the above constitute an acceptable response? What exactly do they mean by point 4? What should I do come 7th April if I haven't received a response?

 

A point to note is that I've cancelled my Standing Order to DLC as I assume that they have defaulted... is this the correct thing to do?!

 

Thanks in anticipation guys...

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Hi all... to give some background:

 

- DLC have been continously chasing me for a debt they are pursuing for HD

- I sent letter on 27th Feb saying don't harrass me or I'll report to TS and OFT

- Above letter also contained standard CCA request

- Royal Mail indicate that letter was delivered on 28th Feb (12 working day rule therefore was 15th March; 30 days = 7th April)

 

Now, on the 7th March, I received a letter (dated 5/3/07) from Hillesden Securities Ltd which advised the following points:

 

1. Acknowledges receipt of the £1 payment re: CCA request

 

Good !

 

2. This account has been assigned to Hillesden Securities T/A Direct Legal & Collections to collect on our clients behalf

 

... and their point is ?

 

3. Your request under the CCA 1974 would normally be made direct to the client that legally owns the account, in this case Egg Banking PLC, however we will put a request in to them on your behalf for the documentation required

 

A CCA request is made to the company attempting to collect payments. if they have been collecting on behalf of Egg, then the CCA went to the right place.

 

4. 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 s78 of CCA 1974.

 

It has to be a true copy of your Agreement, signed by yourself..... so take no notice of this garbage.

 

I will update you in 21 days if there are no developments beforehand.

 

So I guess my questions to you all are - are DLC/Hillesden now in default, or does the above constitute an acceptable response? What exactly do they mean by point 4? What should I do come 7th April if I haven't received a response?

 

A point to note is that I've cancelled my Standing Order to DLC as I assume that they have defaulted... is this the correct thing to do?!

 

Thanks in anticipation guys...

 

 

It sounds as if they haven't got it... but are trying to make you think that you will still be liable. If 12 working days pass and they have not complied with your request, then you are within your rights to withhold payment.... there is no need to wait for the additional calendar month.

 

As they have already defaulted, you were right to cancel the SO.

 

:)

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Hi mate I've a long winding thread against DL&C that may be useful to you. Think I may take acftion on it very shortly!

 

Will

 

http://www.consumeractiongroup.co.uk/forum/legalities/35681-cca-non-comp-gargoil.html

  • Haha 1

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 3 weeks later...

well today is the 30 day deadline when DLC/Hillesden commit an offence and nothing's come through the post...

 

Incidentally, their payment was due on 1st April but as they defaulted I cancelled the Standing Order. Haven't heard anything from them.

 

I suppose that the next step is to report to TS?

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I had pretty much the same letter from them 10days after I sent them my CCA request on teh 8th February.

 

I've heard nothing more since that letter.

But all record of the default and DLC has since disappeared from my credit file.

 

Me too PeteT. What d'you reckon? Is it gone for good? ;)

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I'm gonna push to get it written off as a point of pricipal anyway.

I had several months of problems with them and I even after I offered them a F&F settlement of more than 80% and they flattley refused it!

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Today I received a letter from Hillesden basically stating the same as the one I received on 7th March...this one confirms (I paraphrase):

 

1. Hillesden aka DLC are an agency collecting on behalf of Egg therefore no deed of assignment.

 

2. Enclosed are statements from 2/4/06 to 2/3/07 as requested [cresswell80: I never requested these??!!]

 

3. We're still awaiting a copy of the original agreement with Egg - bear with us, we'll contact you in 21 days.

 

So my response to all this is going to be a letter to the guy at Hillesden with the "debt chaser" woman at DLC copied in saying "screw you"... then a letter to TS with both at Hillesden and DLC copied in.. then see if it goes away...

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hehehe - I was told in a my last letter dated 16th February that I'd get a follow up in 21 days......2nd March is but a distant memory and no follow up.

 

I sent them a letter today based on the letter in this thread:

http://www.consumeractiongroup.co.uk/forum/general-debt/82110-littlewoods-default-removal.html

 

I took out the chuck about requiring a final decision and the chunk about the s10 as they have already complied with that.

 

I was also cheeky and tried it on and said that I was in a position to take the case to Northants TS and OFT, who would be very interested to hear about yet another case involving them. As the potential fine makes my debt look like pittance I may not tell them of their criminal act if I find that in the next 2 weeks I debt happened to be discharged.

 

I doubt they will but they may come back with a very good offer to clear it. I did offer them ex gratia (and thankfully without prejudice) 80% as F&F and they refused it point blank just before Xmas.

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Had a reply today...

 

Usual blah blah introduction.

 

"I can confirm and advise the following:

 

1. The offense of not supplying the information requested in a time period stated in the legistlation can be remidied by producing the documents. {Erm, unless you intend on travelling back in time once you have the documents then the offense has already been commited and can't remedy that!} This we intend to do and have followed up your request to the original lender of a copy of your original agreement. {Well that should appear in the SAR I'm about to send to both the Original Creditor and DLC}

 

2. Account on hold...... yada yada

 

3. In view of our inability to supply a copy document at this time {or any time} we will remove our entries recording with all Credit Reference Agencies until such time that a copy agreement is supplied. {You already did this as soon as I CCA'd you and you realised you were screwed}

 

Should you require anything further at this time, please do not hesitate to contact me.

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Had a reply today..

 

3. In view of our inability to supply a copy document at this time {or any time} we will remove our entries recording with all Credit Reference Agencies until such time that a copy agreement is supplied. {You already did this as soon as I CCA'd you and you realised you were screwed}

 

 

 

this is what i'm after...just writing the letter as we speak :)

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  • 3 weeks later...

well judging by your posts above Pete, DLC responded within the week to you - they've had mine for two weeks now and not heard a thing.

 

I gave them 21 days to provide me with a decision on this - what should my next step be? Chase DLC? Report to 3rd party - TS?

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I forgot to update this thread....

 

Got a response to my cheeky letter about a weeks or so latter.

 

They replied and said that they could reverse the breach by supplying the requested info at any time, at that it's still their intention to do so and that they'd prompt the client again.

 

Ha!!! You think you can "reverse" a parking ticket for non payment by then walking up to a machine and buying a ticket for the day?? I dont think so. You are in breach and you have committed an offense - period.

 

A couple of weeks ago I received a single piece of paper, no compliments slip or covering letter, with a printout of the running account balance.

Over 3months gone by and no CCA. I'd love them to find the CCA and I'll force them to take it to court and let them explain why it's so late.

 

I've been meaning to contact Northans TS, but I've been really busy.

If you've CCA'd them, then give them the 12 working days, then the 1 calender month and then contact TS straight away.

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I've been meaning to contact Northans TS, but I've been really busy.

If you've CCA'd them, then give them the 12 working days, then the 1 calender month and then contact TS straight away.

 

oh that's long gone - i'm waiting for a reply to my letter sent telling them that they should remove the default etc etc

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ok...new response received today:

 

1. the offence of not supplying the information requested in the time period stated in the legislation can be remedied by producing the documents. This we intend to do and have followed up our request to the original lender for a copy of your original agreement.

 

2. A copy statement of account was sent to you on 16th April 2007.

 

3. Your account is on hold and all further action has been suspended pending documentation from our client. As soon as the copy agreement becomes available, it will be forward (sic) to you.

 

4. We do not report your account to the Credit Reference Agencies as we are an agency collecting on behalf of our client, therefore the entry will be recorded by Egg Banking themselves.

 

i'm particularly disappointed by point 4 as PeteT has his default wiped...

 

could anyone give me some guidance on my next steps/response to this??

 

thanks

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4. We do not report your account to the Credit Reference Agencies as we are an agency collecting on behalf of our client...

 

BULL**** for 2 reasons

 

1)

 

dlc.jpg

 

and 2)

 

". In view of our inability to supply a copy document at this time we will remove our entries recording with all Credit Reference Agencies until such time that a copy agreement is supplied."

 

 

therefore the entry will be recorded by Egg Banking themselves.

 

This could be true. I had a default for the original creditor and this was removed and DLC (well Hillsden) replaced it with theirs as above.

This is what was removed from my credit file.

 

 

Forgot to mention - rapidly approaching 4 months and no CCA.

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