Hello, Can someone please check attached cca agreement. Thank you

Dx, Can I type it up instead of uploading? Converted pdf copy is always poor quality. Thanks

CCA is exactly the same as the one we still have at home from the time we took loan in 2009. We were paying reduced amount for about 6 months from 2011, BH passed debt to Ascent and then sold it to Hilsden. We have agreed on monthly paymet plan and we are paying it off gradually. All fees have been reclaimed back when debt belonged to BH. We are in a dispute now over interest hilsden is still appying. In my understanding debt buyers are not allowed to add intrrest unless there is special clause in agreement allowing them to do so. Regards

Morning all, I have question regarding loan agreement for a personal loan we took in 2009. debt originaly with BH has been sold to Hilsden last year. In response to cca request they have provided agreement but my date of birth is wrong. Does it mean agreement is void? Regards

It has been opened in 2008.

Thank you for your response Sidewinder. I shall wait for their next step.

Hello all, I have been contacted recently by Wescot regarding Barclaycard debt. I have sent prove it letter and got response from Wescot with statement of account dated November 2012 and letter saying their client Barclaycard has stated this is the only statement they can provide. What are my next steps? Thank you in advance

Dear DX, In attachment Cca received from Hilsden Securities. Thank you in advance Best regards

Thanks DX I will post it up tomorrow. Hello all, I am back again and again in need of your help regarding the same issue with Hilsden Securities applying intrest to my debt. Paragraph about intrest from CCA agreement states as follow: Intrest will be calculated at the intrest rate shown on page 1 on the daily balance outstanding on the Account and debited to the Account on the last day of each calendar month.( after as well as before any judgment) Can anyone share their wisdom whether they are allowed to apply intrest? Thank you in advance

Hello all, I would like to ask advise on this matter please. We have unsecured loan originally with Black Horse which has been sold to Hilsden Securities. Notice of assignment received they have all paperwork and are on credit file as debt owner. We have agreed on monthly repayment plan when I looked on my account online they are adding something called Miscellaneous ledger postings every month. It is about £80 every month! Could anyone advice me what that stands for before I query it with them. Thank you in advance

renegadeimp, There was no insurance on loan. Few charges for £225- we started reclaiming process and used spredsheet from here. Dx, Yes we have. Sar received whith all info and statements, we havent found anything suspicious in SAR. Altough what we should look for in SAR? Scared34

Dx, Notice of assigment has been received. It states as follow: ' we are writting to advise you of an important change to the ownership and managment of your account. As your current account remains in arreas we have pass your account and outstanding balance to Hilsden Securities trading as DLC. You will receive a seperate letter from dlc confirming the transfer of ownership and responsibility.' Letter from Hilsden received as well. The loan was taken out back in 2011 for £9000 with annual i intrest rate of 16.70% per annum. CCA we received is exactly the same as the one we still have at home. You can clearly see amount of credit, total charge for credit, total amount payable, amount of monthly repayments, ours signatures, and terms and conditions at the time loan was taken. Based on that we presume CCA us legit. We want to pay it back, we just do not want to pay more that we owe. Best regards Scared34

Hello, Thank you all for advise. CCA they provided is complaint. No insurances on loan. There was few charges fir the amount of £225 on it, letter to reclaim them have been sent(awaiting BH response). I will sent letter today asking for discrepancy. Best regards Scared34 Another question guys, If alleged sale of debt between Blackhorse and Hilsden Securities took place,when Hilsden will show on my credit file? I checked my CRA file today and BlackHorse is still the owner of debt. There is also no defoult entered against it. It just simply sais 'late payment' How can I find out if the has been trully sold? Thank you all for advice Scared34

Yes they did I. have received letter from Blackhorse that the debt is being managed by Hilsden Securities. They have not used word 'sold' tough.

Hello all, I would appreciate any advice on this. We had a loan with black horse taken back in 2008, due to financial difficulties we stopped paying our agreed monthly payment and went for reduced payment plan initially with BlackHorse. After about 12 months the debt has been assigned to Ascent whom we were paying the same amount agreed with BlackHorse. Couple of weeks ago we have received letter from Hilsden Securities trading as DLC informing us that BlackHorse has sold debt to them and they are now our data controller. However the amount Hilsden claim we owe is incorrect. How should we play this? When account was still with Ascent we have made CCA request and SAR request to Blackhorse. Sar is dated 17th of June with all payments that have been made up to that date. We also can prove payments made after that date. What should we do? All help is greatly appreciated as always.

Hi guys , Quick update on my case. After filling defence have not heard a word from Drydens nor from court. I have contacted Northampton County Court and was told that my case has been stayed as claimant has not responded to my defence. What should I do? Any advice as always greatly appreciated.

Enjoy it:) Best regards Scared34

Thank you so much Andy and The Mould. I did add argument as regards the agreement not containing all the prescribed terms pursuant to s. 61 CCA 1974, therefore, by operation of s.127 (3) CCA 1974 the agreement is irredeemably unenforceable. Defence is now submitted.I shall wait and see what the future brings. Thank you again for all your help. I could not have done without your knowledge. Kindest regards Scared34

Thank you Andy, Much appreciate it:) Kind regards Scared34

Andy, Thats general interest there is nothing about default interest anywhere, copy is very poor.

Andy, In agreement Sygma provided interest rate is 18.9% Thanks Scared34

Thank you Andy, I was just called in to work we have escalation to level 4 and they need as many staff as possible. I have to be there at 5 and it is unlikely I will finish before midnight. If you could spare few minutes and go over it please I would be very very very grateful, As I have to submit it asap really. Kindest regards, Scared34

1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Sygma Banque Sa Inc France trading in UK as Sygma Bank Uk. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof. 3. Paragraph 1 is neither admitted nor denied with regards to the Defendant* entering in to an agreement referred to in the Particulars of* Claim ('the Agreement') with Sygma Bank Uk 4.Paragraph 1 is neither admitted nor denied with regards to 'the defendant* defaulting' on the Agreement with Sygma Bank Uk. I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice. And that it compiles with the prescribed form set out in the consumer crediticon (Enforcement, Default and Termination Notices) Regulations 1983 5. A request has been made to Sygma Bank Uk pursuant to section 7(1) Consumer Credit Act 1974 in order to obtain a true copy of the agreement which the claimant was demanding payment under and to obtain further information about the terms of the contract. 6.The Claimant has provided illegible copy of Agreement which was improperly executed contrary to Section 61(1)(a) of the* Consumer Credit Act 1974 ('the Act').Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 7.Paragraph 2 of the Claim is denied as there was no breach of the Agreement as the the Agreement referred to in paragraph 1* is improperly executed under s.61 of the 1974 Act and therefore irredeemably unenforceable by operation of s.127 (3) of the Act, further, to that the Defendant was never under any obligation to perform any act to the Claimant in relation to the agreement he relies, therefore, no breach has occurred thereunder and therefore the claimants’ claim remains absent of the requisite cause of action recognised in law in order to sue the Defendant for the same. 8.Paragraph 3 is denied that the Claimant is entitled to the relief sought as alleged or at all and the Defendant puts him to the strictest possible proof on his allegations and to prove contrary to the matters set out herein. Statement of Truth The Defendant believes that the facts stated in this Defence are true. I was also thinking of adding the fact that they have provided another CCA as response to my request for more readable agreement.something along these lines: Furthermore Defendant wrote to the Claimant to highlight the breaches of s.78 CCA and to request clearer documents. the Claimant supplied a wholly unrelated copy of a blank credit agreement; which pre-dates the Defendants actual contract by 2 years. The Defendants current name and address has been manually added to this blank document, an action that the Defendant finds extremely concerning. The Claimant has not offered any explanation as to the relevance of this document and the Defendant further asserts that the Claimant is in breach of s.78 CCA 1974. Thank you for all advise and help.I am going to submit my defence today.Any thoughts are much appreciated.

Thanks Andy, I thought so after reading up that date of issuing claim is day one. I will post up draft of defence again. If you find spare minutes to go over it I would be very grateful. Kind regards Scared34

Thank you The Mould I meant 25th June lots on my shoulders hence mistake. I really appreaciate all I help I have received here. Best regards Scared34