Hillesden/DLC help needed

[The Reverend]

Why not get yourself a cheap phone with caller id facility ?? Save an awful lot of messing about,at least you would have a roughish idea who was calling.

[alibobsy]

Just reading this thread and wanted to say caller ID is best buy I have ever made. We needed a new phone anyway and it was just a bit extra on the phone bill each month, but you are in control of your calls. On my phone you can even put a name on against the phone number. Have some fun with miss spelling the DCA's name so every time they ring you can have a laugh at them eg Moorcr*p flashes up. Petty I know but makes the calls less of a hassle. You can also keep a note in a notebook of the number and times of calls should you want to launch a complaint about the harrassment.

Good Luck

ali x

[shirei12]

Thanks all, i have had a message left for me at 9.15 today from dlc to phone them by close of business today. Nothing in the post from them though. Will i eventually have to tell them ppi docs and t&c's are missing from my cca request. I really dont know where to go from here.

[Curlyben]

Wait until the WRITE to you as this is the only form of communication that you have said is acceptable.

You are completely within your rights to ignore their calls.

 

Now as previously mentioned I would do one of two things.

1/ get yourself a phone that can do caller display, Ebay has a ton at extremely sharp prices.

2/ Change you number, go ex-directory and DON'T let them have it.

 

Option 2 is worth concidering if the volume of calls are getting out of hand.

With BT it can be done on one call and takes a few minutes.

[renegotiation]

I would be inclined to send them a well thought out letter instructing them that they haven't satisfied your CCA request properly. They think they have satisfied the CCA request. My logic is that this may deter them from initiating a court case. A court case is a bugger to deal with even if you come out on top. I had personal experience with DLC and court. Rory, Tom and a few others are best placed to help with that letter, or possibly they may make another suggestion.

[shirei12]

They have admitted that they dont legally own the debt so surely they cannot start a court case,it would have to be egg. I will probably change phone number though.

[Curlyben]

Give this a go.

Edit as needed:

ACCOUNT IN DISPUTE

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 78(1) of the Consumer Credit Act 1974. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours faithfully

The piece in bold is a bit of a kicker for them as this covers the missing T&C's.

I have had another look at the "agreement" and as well as missing some prescribed terms it in improperly executed.

Their signature should be AFTER yours (date wise) in order for it to be excuted !

[renegotiation]

They have admitted that they dont legally own the debt so surely they cannot start a court case,it would have to be egg. I will probably change phone number though.

 

 

Whether it is EGG or DLC they think they have satisfied the CCA request. I'm unsure if DLC could take to you to court on behalf of EGG so to speak, but i'm a novice. I know DLC have good form for court cases for debts they do own. I'm unsure about Egg. A number change is a good move, as the calls can be annoying even if you can see it is the twats ringing. Don't be intimidated by these people. They try every trick in the book. I'm sure more good advice will follow. I'm just trying to give out some moral support really.

[shirei12]

I thought i read somewhere that it was imaterial who signs first. What are the missing prescribed terms you mention cb?

[Curlyben]

It DOES matter who signs first as the signature of the creditor executes the agreement, hence why they sign last AFTER you have agreed to all the T&C's etc.

 

The missing term is credit limit.

It says that they will tell you what it is and that's it.

No indication at all of how they work it out just a glib statement.

[renegotiation]

It DOES matter who signs first as the signature of the creditor executes the agreement, hence why they sign last AFTER you have agreed to all the T&C's etc.

 

The missing term is credit limit.

It says that they will tell you what it is and that's it.

No indication at all of how they work it out just a glib statement.

 

That should have them chasing their tails for a good 6 years. :D

[shirei12]

I think all the egg agreements i have seen on this site are very similar,except this one has the repayment protection at the bottom of fist page, stating supplied to me. This is what i am missing.

[shirei12]

Sorry forgot to mention default charges not reffered to either.

[Curlyben]

Default charges AREN'T a prescribed term.

The T&C's are referred to so this is still an incomplete CCA.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

[shirei12]

Thanks cb will have a read of that.

[rory32]

The missing term is credit limit.

It says that they will tell you what it is and that's it.

No indication at all of how they work it out just a glib statement.

 

3.10 How should the credit limit be expressed?

 

Sch 1 Paragraph 8 requires a statement of the credit limit under a runing-account credit agreement. This must appear under 'Key Financial Information'.

 

The credit limit may be expressed as one of the following:

- a sum of money;

- a statement that the credit limit will be determined by the creditor from time to time and notify the debtor;

- a sum of money together with a statement that the creditor may vary the credit limit from time to time and notify the debtor;

- a statement indicating the manner in which the credit limit will be determined and that notice of it will be given to the debtor; or

- a statement indicating that there is no credit limit.

[Curlyben]

As ever my hat goes off to rory.

 

I have noticed that this CCA doesn't have a cancellation rights as it should be as you signed it OFF their premises.

[rory32]

It's a difficult one this one because the agreement is flawed. The question is really is it sufficiently flawed?

 

Once you get the PPI info that will help. Most PPI is mis-sold.

[shirei12]

It's a difficult one this one because the agreement is flawed. The question is really is it sufficiently flawed?

 

Once you get the PPI info that will help. Most PPI is mis-sold.

Hi, Rory,How do i get the ppi info then, it wasnt sent to me.

[rory32]

Did you ever send Egg a SAR? Although really this info should have been sent to you with the copy of the credit agreement.

[shirei12]

Did you ever send Egg a S.A.R - (Subject Access Request)? Although really this info should have been sent to you with the copy of the credit agreement.

No I didnt, i thought that would acknowledge any debt. All i received was copy agreement which you have looked at and transaction summary of account(unsigned) and letter from hillesden.

[rory32]

A SAR doesn't acknowledge the debt, it just asks for information on it. To acknowledge the debt you would need to either make a payment or offer a payment in writing.

[shirei12]

Do you suggest sending the SAR then. What about the letter CB has kindly posted for DCA, should i send that as well?

[rory32]

Yes send the SAR to Egg, CB's letter to the DCA. I would put in CB's letter which documents they need to supply just so there is no doubt as to exactly what you want.

[shirei12]

Thanks again, will get that done today if possible. Keep you all posted.