Hillesden Securities - Citifinancial/Associates - No original agreement

[SHERLOCK]

Hi all,

 

received letter from Hillesdenoffering me a 30% reduction on £1000.00 debt in March 2007.

 

Sent back a CCA Request and every month since (most recent 2nd Aug) I have received a letter stating that:

 

1. we are following up your request for a copy of the original agreement and statement of account with our client CITI/Associates. When this becomes available we will forward you a copy.

2. Your account is on hold and all further action has been suspended in anticipation of receiving the documents required.

 

update in 21 days if no developments beforehand.

 

ANY ADVICE, Cheers SHERLOCK

[Curlyben]

Oh well, they KNOW they can't enforce this debt and it would need court action anyway.

Might be worth explain this to them in small words so they can understand it

[ODC]

They are in default and have committed a summary offence. Report them to TS. Send them a BOG OFF letter

[renegotiation]

Also, explain to them in small words what 21 days means. They tend not to 'update' people in the said time form the threads I have read and from personal experience.

[ODC]

oops

[Curlyben]

Yep that's in my library.

 

Can I suggest a different approach as they aren't asking for money.

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.

 

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.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the original creditor for resolution of this default, as DCA NAME cannot lawfully pursue any enforcement activities.

 

If DCA NAME chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service, HM Treasury Financial Crime Branch and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

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.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

BLAH

[ODC]

The only piece of advice I would add to that is DO NOT SIGN the letter as some DCAs have become quite creative with photoshop

[payingonlyencouragesthem]

Hi all,

 

received letter from Hillesdenoffering me a 30% reduction on £1000.00 debt in March 2007.

 

Sent back a CCA Request and every month since (most recent 2nd Aug) I have received a letter stating that:

 

1. we are following up your request for a copy of the original agreement and statement of account with our client CITI/Associates. When this becomes available we will forward you a copy.

2. Your account is on hold and all further action has been suspended in anticipation of receiving the documents required.

 

update in 21 days if no developments beforehand.

 

ANY ADVICE, Cheers SHERLOCK

 

Was it from Tony Locke? Tell them you are contemplating legal action and may ask the court to order the Data Controller to produce the information requested forthwith.

[SHERLOCK]

yep, A E Locke, director AND data controller.

 

Two options, hes got it and produces it OR tells me he hasn't got it....shouldn't be too difficult for a director of a company

 

You could be struck off as a director for lesser crimes!

 

SHERLOCK

[Having_A_Knightmare]

Was it from Tony Locke?

 

hes been a busy boy hes sent me 3:D

[SHERLOCK]

another letter signed personally by Mr. Locke...............account on hold in anticipation of receiving the documents required!!

 

Well at least he's consistent

 

I have been paying a small amount on DMP to Hillesden, probably why they haven't requested payments. I know I am entitled to stop payments, but as it is only a small amount. I will continue payments but now I will step up reporting them as I need the statements to reclaim any unlawful charges on the alleged debt amount.

 

There is also the issue of default (if this applies). a NON-COMPLIANCE LETTER TO MR. LOCKE, A COMPLAINT TO TRADING STANDARDS,

 

And as for signing letters, how about a 'new' signature for the DCA letters, keeping a copy of new signature in case of ....ahem...They wouldn't ..WOULD THEY!!

 

SHERLOCK

[gizmo111]

See here for alternative signature method.

[SHERLOCK]

O.K. wots the advice people?

 

They still send me regular letters stating they still haven't received the agreement from Citi......they don't ask for money coz they get a small payment within my DMP.

 

The account was an Associates credit card around 2000'ish, need to DPA them I suppose.

 

I know I could legally stop paying due to non-compliance but if I could get the debt written off would be better....

 

SHERLOCK

[42man]

It's up to your ethics if you stop paying them, I certainly would. OR you could go to court like elizabeth1 did...have a read...

 

http://www.consumeractiongroup.co.uk/forum/cabot/111844-another-cabot-court-case.html

 

In any event what you must do is complain to everybody, FOS, TS, OFT and your MP, my MP has sent me a letter this morning about my own circumstances....(can't wait to see what it says !!!)

[SHERLOCK]

After regular monthly 'can't find agreement' letters, received today with £1.00 p.o. enclosed:

 

1) our client citifinancial/Associates is unable to provide a copy of the documents requested under the CCA 1974!!!!!

 

2) Consequently I can confirm that all enforcement prceedings on the account have stopped!!!!!

 

3) Although we are unable to enforce the agreement, the default will remain on your credit file. subsequently, should you clear your liability on the account wdate our entry to reflect the appropriate status!!!!!

 

4) if you continue to make repayments, this will be reflected in our monthly submissions to the Credit Reference Bureau !!!!! (they get a proportion, a few pounds, of monthly DMP)

 

5) Please find enclosed £1 p.o.

 

 

When A&L started proceedings, on a different debt, and later dropped the ccj file due to not having the appropriate papers & a big thanks to CAG, I took them off my DMP and though various DCA,s have tried since with no luck, I no longer consider this 'owed'.............their problem, not mine!

 

Any suggestions if I should do the same with this.....and how long does it stay on the credit file (is the process renewed if the debt is sold?). this Associate credit card is over 5 years old,

 

Many thanks, SHERLOCK

[42man]

Good result Sherlock !! well done....

[SHERLOCK]

C'mon people, I need to take this to the next step!!

 

Can I now without retribution take this account off my DMP?

Do I need to start a claim?

 

Brain is a bit frazzled, trying to sort 5/6 accounts

[Pinky69]

You can take them off your DMP and tell them to remove the default as they have no eveidence that the alleged account exists. If they do not, you will make a formal complaint to the ICO amd instigate court proceedings to have it removed and cliam damages against them as they are committing a serious breach of the Data Protection Act 1998.

 

Don't be so impatient for answers. People will come along in due course.

[SHERLOCK]

Thanks Pinky, will do that!

 

impatience is a virtue, isn't it

[PeteT]

For what it's worth....

 

I get the same letter every couple of months from a CCA request in Feb 2007!!

 

I simply contacted the CRAs and asked them to remove the entry as DLC (as they were calling themselves back then) had placed the default on my account without any proof that the alledged debt even existed.

I got letters back from the CRA saying they'd get in touch with DLC....who 21 days later hadn't gotten back to them so they all removed the entry immediately.

 

Worth a shot.

[SHERLOCK]

Sorry Pinky, the impatience quip was uncalled for and I consider myself duly 'wrist-slapped'.

 

OK, they're off my debt plan!

Waiting for credit file to check for default etc.

Upon receiving file will undertake complaints procedure (they did state they will carry on reporting to cra's)

[PeteT]

TELL THEM TO JOG ON!!!

 

If they can not fulfill the CCA request then how can they prove their right to be reporting to the CRA's or their right to place a default on your credit file???

[postggj]

Have You Done An Online Complaint The Cra

Cut And Paste The Letter Saying They Have No Cca

Tell Them You Do Not Acknowledge This Debt And Request They Remove All Data Assertaning To It

 

As Data Processors And Data Storer, They Have An Obligation To Make Sure The Data Is ACcurate And Correct

[SHERLOCK]

I WILL EMAIL ALL CRA'S.

how many cra's are there, I assume I have to inform all of them?

[postggj]

There Are Three

 

Equifax

Experian

Call Credit

 

All Will Have An Online Dispute Option

 

Remember To Cut And Paste The Letter Saying No Cca