Hillesden/DLC help needed

[shirei12]

Hi I am a newbie to the site and need some advise. Hillesden/DLC have been pestering me with letters postcards and non stop phone calls (which i ignore) I admit i do owe money to egg and they sent me a default notice. The postcard was sent awhile ago on it was the message "We know you have a mortgage at this address." Then a letter saying a rep would call between 5.30-7.30 pm, no date. No one has yet called.

The a phone call which was automated saying it had an urgent message from Halifax about my account and asked me to verify who i was,my birthdate-- at this point I hung up and checked the number 08456306967 which happens to be Egg. Phoned Halifax to make sure it wasnt them and they confirmed that they had not been trying to contact me.

SentHillsden/DLC CCA request on 4th July and had this response this morning.

1. I acknowledge receipt of your payment of £1 in association with your request for documents under section 78 of the Consumer Credit Act 1974.

2. This account has been assigned to Hillsden Securities T/A direct legal & collections to collect on our clients behalf.

3. Your request under the Consumer Credit Act 1974 would normally be made directly to the client that legally owns the account, in this case Egg Banking Plc., however we will put a request in to Egg Banking Plc on your behalf for the documentation required.

4. If we are unable to forward a copy of the original, 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 contact me accordingly. I will update you on developments in 21 days if there are no developements beforehand.

AE Locke

 

Does this mean they have not purchased the dept? Should i make my own request for CCA from Egg directly, I assumed DLC had bought the dept as they were chasing me.

Any ideas anyone, sorry its longwinded.

 

update: i have just logged onto egg account and the £1 i sent to Hillsden has been taken off my balance. What does this mean?

[vogelrok]

i got pretty much the same letter today from DLC/Hillsden

 

i have made a phone call to barclays they did confirm the debt was sold.

 

maybe ring Egg to see if thet will talk to you about the account, if they do talk about it, it could mean they still have the account. and dlc are just acting on there behalf. if they ssay you will have to deal with the DCA chances are it has been brought, but chances are it wasnt done in the correct manner.

 

it has helped me understand that im in a better position now to deal with them.hope that will shed some light for you.

[shirei12]

thanks vogelrok, did your letter have the same text in no. 4 saying they would send a true copy if they couldnt produce original. Do i accept a copy? I assume you have applied for CCA also.

[vogelrok]

yer have the same thing in it. but under point #2.

point number 4 mentions they will no longer contact me by phone. but if i dont keep up a contact with them via the postal service they will then have every right to harrass me via the phone again.

[shirei12]

anyone?

[rory32]

Does this mean they have not purchased the dept?

Yes they are merely acting as Egg's agent.

 

Should i make my own request for CCA from Egg directly

No there is no need. As Egg's agent they have an obligation to pass on your request to Egg (s175 CCA)

 

i have just logged onto egg account and the £1 i sent to Hillsden has been taken off my balance. What does this mean?

It just means they have applied it to the account rather than taken it as an admin fee.

[vogelrok]

rory is that unlawful them taking the £1 off the debt. as it wasnt intended for such purpose.

 

could this be seen as you made a payment. can the £1 be claimed back.

 

purely out of intrest this as im in the same boat.

[rory32]

In the CCA request letter it is clearly stated what the £1 payment is for so it would not be seen as you making a payment to the account.

 

In reality it's fairly unimportant how they use the £1. The imporatnt bit is whether they can produce an enforceable CA.

[vogelrok]

just wanted to make sure for shirei12 more than anything.

plus conmfirm for myself, as i know it is quite easy to get confused doing this. as they will try all tactics to obtain monies

 

could you be as so kind to check my thread in this section will post link

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/104388-3-ccas-sent-10-a.html

[shirei12]

so if they have passed it to egg do the 12 days start from when dlc received the cca request????????? what do they mean by true copy of the document? most of the debt is made up of charges

[rory32]

so if they have passed it to egg do the 12 days start from when dlc received the cca request

Yes.

 

what do they mean by true copy of the document?

They do not need to provide the original agreement but do need to provide a true copy of the agreement which is the same in form and content. However tis is not enforceable unless it is executed (properly signed and dated).

 

most of the debt is made up of charges

You can either acknowledge the debt and claim back charges or not acknowledge the debt and hope it is written off. You can not do both.

[shirei12]

so when do they go into default. Posted 4th July. Response from DLC on 11th to say they were requesting cca from egg.Not sure of time limits.What happens now I have not heard anything they have stopped all the phone calls and letters.

[rory32]

Okay if you posted on the 4th it is reasonable to assume it was delivered on Friday 6th. The first full working day would be the 9th and they would enter default on the 25th. Once the enter default you can withhold payements if you so wish until a copy of the agreement is produced.

[shirei12]

Thankyou Rory32.Counting down days now.Hoping all stays quiet.How good are Egg at producing CCA's any idea??

[rory32]

How good are Egg at producing CCA's any idea??

They are pretty good at producing them. Some comply, some don't.

[shirei12]

How do they not comply?

[rory32]

Sometimes the copy of the agreement doesn't comply in it's content with the Consumer Credit Act and so is not enforceable as a credit agreement.

[shirei12]

So if mine is produced and I post it her will you be able to advise?

[rory32]

Yes.

[shirei12]

Cheers. I have been going out of my mind lately worrying about DCAs coming to my door and what to say to them. Had cancer 6 years ago and have not been able to get my life together since then.

[rory32]

Them coming to your door is extremely unlikely. If they do you don't need to talk to them, you certainly don't need to let them in. They have no powers in these matters. Ask them to leave immediately and if they don't phone the policy and tell them you have someone trespassing who is committing a breach of the peace.

 

If you are concerned about this send the DCA the following:

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

[shirei12]

no sign of CCA go into default on 25th. then what??

[rory32]

After default (the 12 working days) you need to wait another calender month (at this point they commit a summary criminal offence) before complaining to the relevant regulatory bodies.

[gypsumsif]

shirei,

we also had DLC acting for Egg, then Hilseden.

Hilseden finally sent four A4 sheets with all transactions listed. That was on 13 June, 3 days before they committed an offence.

I have done nothing since and stopped paying after the first 12+2 days.

we've heard nothing since. no need to poke them.

PS. as well as keeping all correspondence to and from them, keep the envelopes as well, stapled to their letters.sometimes the date of the letter and the postmark can differ enormously.

[shirei12]

sorry to sound thick but would calender month be 30 days? they are now in default.:o