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Court summons from Hillesden, advice?


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Well Hello

 

I've received a court summons from Hillesden Securities (a Northampton one) and I'm after some advice on how to proceed.

A little background first.

I'd been paying Direct Legal and Collections (DLC) £20 a month since 2004. Last December I renegotiated with them a reduced payment of £5 per month. All in writing, all approved. Harrassing phone calls began in February when they claimed that I'd missed a payment. I provided proof from the bank that the money had indeed been payed, via standing order, but they refused to believe me. They accepted that I had proof of the money going to their account but told me that I needed to provide proof that their bank had accepted it. As I pointed out I do not have access to their account so how could I. This dragged on for a few weeks. Then they accepted that I had paid. Few weeks later they tried it on again. I pointed out their previous mistake, they had no record of this, here we go again. More harrasment until eventually, again, they conceded that they did have the money. Couple of weeks later one of their managers called to apologise for all this and told me that I needed to increase my payments. I pointed out that in December I had a written agreement for £5 per month and he told me in no uncertain terms that "you're dealing with me now and I didn't agree to that". He became very nasty on the phone demanding to speak to the person that had actually made the payments, my partner, so I passed the phone over. My partner was then threatened that if I did not increase my payments he, the manager, would get his solicitors involved. Fine said my partner and hung up. That was over 2 months ago. During which time I've still kept up my repayments.

Out of the blue yesterday comes this court summons. I wouldn't care but only last week I was going to write to them enclosing a pound and asking for a CCA. Unfortunately I became weighed down in too many other problems.

So, can anyone help me and explain what I should do next?

Any help would be greatly appreciated.

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2 points - first of all still send off asap for your cca. It will put a halt on the while court thing so long as you fill in your defence i think and send it back in time. Check the time limits and make sure you send it all back in time. If you do not, they will get judgment in default. The time limits are strict.

 

If they cannot produce the cca then they will not get far with the court.

 

Secondly, you did reach an agreement, in writing re the amount to pay?

 

If so, that agreement is binding. They cannot vary it unless you agreed some scope for variation at the time you agreed it. A District Judge in the County Court would not look kindly upon threatening tactics like this.

 

Do not speak to them again. Send them the cca letter and also say you do not acknowledge the debt to them, and tell them all future contact must be in writing. There is a template i think dealing with harassement etc so add that to your letter.

send it all guaranteed delivery so it must be signed for.

 

You will pull the rug right out from under this s.o.b's feet.

 

I'm sure there are others here who can point you exactly to where you need to be for templates. Not got that far yet.

 

pm rory32 or odc they will know.

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I sent my defence off to the court yesterday and also a letter to Hillesden (DLC). In this DLC letter I have basically requested a copy of my CCA.

We'll see what happens although I have to admit to being a little anxious regarding timing.

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