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Hillesden Securities: What can I do now?


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Hi all,

I previously recieved correspondance from Hillesden Securities regarding an old debt with Barclays Bank (£3000 overdraft) saying that the bank had transferred the debt to them. I wrote to them with a CCA request for the credit agreement on the 21st of March end have since recieved correspondance from them approx. once a month saying they were persuing my request with Barclays. Last week I recieved a large package in the post from Hillesden containg statements for the last five years but no credit agreement. There are two things I'm now wondering:

 

1) Aren't Hillesden now in contravention of the CCA as they are supposed to supply the credit agreement within 30 days of the request? If they are in contravention, is this something I should have taken up earlier or can I do it now and if so is it just them that I need to write to or another consumer body?

 

2) As I have recieved statements but no credit agreement, should I write back to Hillesden requesting it again?

 

If anyone can help that'd be great.

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Yep, definitely a Credit Request. I've include the text from the original letter below

 

Re: Reference *******- Hillesden Securities Ltd (Barclays Bank) – Account Number *********

With reference to the above, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request. I enclose a postal order for £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of the credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

The five letters I've recieved from them since are all identical and mention the request for credit agreement apart from the one which I recieved with the statements which mentioned "here is a statment of account as requested".

Is it now the case that I should re-request the CCA and point out that they have broken the law by not supplying it in time or wait until I recieve more correspondance then reply. Thankfully thye don't have my phone number so I'll be waiting on a letter.

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Hi

 

Hillesden must be busy with the letters as I have several of them...

 

I would sit tight and do nothing untill they start demanding payment then you could report them to T/S.

 

I assume you have stopped payment

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They need to also supply a statement of account as part of the CCA request (it's in the Act).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks for the reply.

 

I haven't paid them a penny as of yet.

 

It sounds like they may not be bale to comply with the CAM request and have sent SAR documents thinking I won't notice. Is it not worth dropping them a line to tell them that I have not recieved the CAM and am reporting them to T/S

 

Is it worth reporting them to T/S before I hear from them?

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They need to also supply a statement of account

 

Rory does this mean all your statements you have had

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Rory does this mean all your statements you have had

No, but some do as it's either simpler for them or they simply don't understand what a statement of account is.

 

What are you thoughts on contacting trading standards at this stage?

 

Once they commit the summary criminal offence (so the 12 working days + 1 calender month) you have 6 months to report them to TS for the offence. You could report them now but personally I wouldn't bother unless they have recently demanded payment. I like to wait until they "harass" me for payment before reporting them as it adds weight to the complaint.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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