DLC/Hillesden (MBNA CCard)

[asf1]

I received the usual multiple phone calls every 3 months from DLC demanding an increase in payment for an account bought from MBNA [£3200 in 2004 now £1850] I've been reluctantly complying this for the past 2.5 years until I recently came across this site. Now I'm contemplating the CCA action, will my demands for the original documents be hampered by the payments i've already made? And if successful, will I be able to claim monies already paid to DLC/H'den. Also H'den have a default logged on my CRA file depsite this payment arrangement being up to date since its inception in 2004.

[asf1]

Had what seems to be the Hillesden standard response to my CCA req:

 

account number xxxxxxx formerly MBNA Europe Bank xxxxxxxxxx - consumer credit act 1974

 

thank you for your recent letter dated 25th May regarding the above account. This has been passed to me for attention.

 

I would confirm and advise the following:-

 

1) I acknowledge recipet of your payment of £1 in connection with your data requests under the Consumer Credit Act 1974. We are still awaiting a copy of your original agreement with MBNA Europe Bank. When this becomes available it will be forwarded to you.

 

2) 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 78 of the Consumer Credit 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

 

Director & Data Controller

 

I've already paid them circa £1.5K, can I claim this back if they default against the CCA???

[rory32]

I've already paid them circa £1.5K, can I claim this back if they default against the CCA???

The short answer to this is it's highly unlikely. A judge would normally rule that this money has been paid voluntarily to the creditor and would not issue an order to refund.

[asf1]

Thanks, I thought so. I'll then should I claim what's been paid so far is full and final? Hillesden have also logged a default on this account. After the CCA period passes I presume I can insist this is removed?

[rory32]

Once they have committed a summary criminal offence (this is on month after the default) I would then write to them and request that they close the account and remove the default from your credit reference file.

[asf1]

Tks rory32 I will do just that

[asf1]

Hillesden sent me a copy of my original application form, quoting this as the credit agreement. Do I tell them this is not acceptable or wait until default day???

[Curlyben]

Wait untill they default and then hit them with the this is an app

Obviously stop paying them, as and when they ask for money reply with non compliance of CCA, see note above.

[rory32]

Actually I wouldn't tell them that they have sent you an application form. I would just tell them that the agreement they have sent is not enforceable as a consumer credit agreement. If they are wiling to state that the application form is a true copy of the agreement then that's fine - because it certainly isn't.

[asf1]

Update to this thread... Application form scanned and attached [MBNA Application] I scanned the bad fax copy they sent me @ 1200 x 1200 resolution and it remains almost illegible. The original is not much better.

 

Hillesden sent me a nice postcard today, I fell threatened by this action as it seems they are trying to "send the boys round" to demand settlement:

Mr ASF1

 

 

We would like to arrange for a representative to call

at your address within the next week.

 

To speak to one of our co-ordinators please telephone Derek Davies on 0870 7446482 quoting reference number xxxxxxxx

 

Hillesden Securities, Buckingham Road, Brackley, Northants. NNI3 7DN

And their most recent letter, which again I imply is threatening:

DIRECT LEGAL & COLLECTIONS

Buckingham Road, Brackley, Northants. NNI3 7DN

E-mail:

[email protected]

Opening Hours: Mon - Thurs 800 am - 8.30 pm

Fri 8.00 am - 7.00 pm and Sat 8.30 am - 12.30 pm

Calls may be monitored or recorded for training and security purposes.

Our Reference:

 

12 July 2007

 

Dear Mr

 

Our Clients: Hillesden Securities Ltd (MBNA)

Account Number: xxxx xxxx xxxx xxxx

Balance Outstanding: £1,793.68

Date of Assignment: 19/12/02

 

We are writing to notify you that we are instructing our Solicitors Messrs Aplins to issue legal proceedings against you unless payment in full is made immediately.

 

The claim is for the amount outstanding against your contractual agreement. You have had ample opportunity to make arrangements to settle your liability, however you have either failed to offer anything or continued to break instalment concessions.

 

It was our intention to resolve this ongoing matter amicably, however you have left us no alternative than to seek assistance from our Solicitors and instigate legal proceedings. This could result in one of the following actions being taken.

 

1. Bankruptcy proceedings (leading to the sale of your assets to pay your debts).

2. A charge on your property (entitling us to apply for an order of sale on your property).

3. An attachment of earnings (your employer would be ordered to deduct money from your pay).

4. Warrant of Execution (a Bailiff would call at your home to collect money or goods to the value of your arrears).

 

If further proceedings take place this will incur extra costs, which will be added to the outstanding balance. This also entitles DLC to statutory interest of 8% for the period we have held the account.

 

 

While your file is in transit to our solicitors, you will have five days from the date of this lettter to telephone our offices on 0870 7446482 and agree mutually acceptable terms.

 

We strongly suggest you realise the severity of this letter and urge you to make contact with us today.

 

Yours sincerely

Sarah Revens

TEAM LEADER

Direct Legal & collections is a trading name of Hillesden Securities Limited.

Reg. Office; Willow Road, Brackley, Northants. Registered in England No; 1418063.

 

 

MBNA Application.pdf

[Curlyben]

Try this one for good measure.

Edit as needed.

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I look forward to your reply.

 

Yours faithfully

[kennyparkroad]

beat me to it ben

 

ps - great letter! lol

[asf1]

Thanks yes the letter is spot on. Just making a few adjustments and sending off to DLC, and also a couple of other DCA's who are in the same boat. One of them is refusing to budge so this letter will help no end. Tks again.

 

see my thread: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/94826-tbi-financial-services.html

[Curlyben]

No worries glad you like it.

 

 

 

 

 

 

 

 

 

Ps I like tickles.