Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing

[babybear39]

Throw this at 1st crud:

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

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. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***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 and possible court action.

 

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

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,

 

Amend to suit, do not sign, print your name, send recorded keeping a copy with your postal reciept.

 

Also, report 1st crud to TS and the OFT for breaching OFT guidlines and the CPUTR 2008, with regard to chasing you for an account in dispute.

[Shazza50]

I had already sent them the above letter,which was received by them and signed for, so I sent them a letter referring them back to that one.

 

Today another letter has arrived, they claim to be unaware of any legally valid reason for non payment of the debt, and are considering whether to issue a Statutory Demand for Bankruptcy:eek:. At the bottom of the letter it says 'there is an alternative, telephone us to discuss this matter', yeah right.

 

They are ignoring all the letters that I send them about the account being in dispute with BCW.

 

Should I request the cca from them now even though I already asked BCW for it?

 

I am getting worried now with them keep writing about bankruptcy.

[surprise]

Don't worry. They will have to take you to court first and they will need a valid CCA all they are doing is issuing idle threats. I would acknowledge this letter similar to the one I sent to them.

 

Further to previous correspondence it appears you are continually ignoring the OFT's Guidelines on Debt Collection by continuing to pursue an alleged debt that you, or your clients, have provided a compliant agreement.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

If you are unable to supply a copy of the signed and dated agreement by both Creditor and Debtor then please state so, as your continued pursuit is in violation of the Administration of Justice Act 1970 Section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I look forward to receiving either confirmation that you cannot provide the relevant document or, alternatively, that you are unable to provide the said document.

 

Since sending a similar letter I have heard nothing back from them.

 

remember, as usual, no signature, just type name. I wouldn't go to the expense of sending recorded delivery, just get a proof of posting card from the post office, free and keep with your file.

[Shazza50]

Thanks for the reply. I haven't actually requested the cca from 1st Credit though, as the account is in dispute with BCW, has been since Feb, which they are aware of. Saying that, I suppose if 1st Credit did have the cca, they would probably have let me know by now instead of just sending threats.

[surprise]

You need to send a CCA letter to 1st Credit. I would acknowledge their letter and say that as they are ignoring all attempts to clear this dispute please find attached a separate letter requesting a copy of the alleged credit agreement. I would then do the CCA letter separately enclosing a £1.00 postal order. Again, post of proofing is sufficient. I would try and get it off by Monday.

[babybear39]

You do not have to send another CCA request to 1st crud. You've already told them you CCA'd BCW, they know the law!

 

Send them this courtesy of SC:

 

I refer to your letter dated xxxx, the content of which is noted. I do not acknowledge any debt to you or any company you claim to represent. All communication must be in writing.

 

On (date) I made a formal request pursuant to s.78 of the Consumer Credit Act 1974. Your client failed to comply fully and properly, and so remains in default. Therefore, the provisions of s.78 (6) apply, and your demand for payment is unlawful.

 

[The only document that your client supplied, which they averred was the credit agreement, did not comply with s.61 of the Act, which renders the agreement unenforceable by virtue of s.127(3).]

 

Clearly, the alleged debt is disputed. Your client has been provided with full details, but has failed to make any substantive effort to resolve the dispute. It should not be necessary to remind you that the Office of Fair Trading Guidance on Debt Collection is clear that failing to suspend collection activity whilst a dispute is unresolved is an unfair practice. Your activity also appears to be contrary to ss.3(b) & 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

Take notice that if you intend to send a representative to my home, I will not offer an appointment; any visit would therefore be contrary to the OFT Guidance and also CPUTR).

 

Yours etc.

 

Use the bit in blue if BCW sent you anything purporting to be in compliance with your CCA request.

[Shazza50]

This week hubby has received a letter from Connaught collections UK, stating that they have been instructed by 1st Credit-Goldfish to recover the debt.

It goes on to say that it is there intention to issue a Statutory Demand as they are unaware of any valid reason for non-payment (been telling 1st Credit for months its in dispute).

Anyway I have sent the 'I am bemused etc' letter to them yesterday adding that 1st Credit are aware its in dispute.

 

Trouble is I had seven days to reply or a Statutory Demand will be issued without further warning,which was up yesterday, and they have left a message today to contact them.

 

Hubby is useless when it comes to speaking to people so they have no chance, plus I know you shouldn't speak to them.

 

But I am so worried now, I feel that I am getting out of my depth here.

 

Can someone please reassure me and let me know what to expect next.

 

Who exactly are Connaught, are they another DCA or Solicitors?

[42man]

Connaught are owned by 1st Credit....

 

Send them this....by recorded

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account especially as 1st Credit are your parent company, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights, remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (banks or names of other DCA's) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[42man]

Have a read of a few of these Shazza... - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[Shazza50]

I just love that letter:D, I wish I had posted here before I wrote the other one yesterday.

Thank you 42man, I feel a bit better now.

[Shazza50]

After sending the 'I am rather bemused' letter to Connaught, today we have received a letter from 1st Credit regarding a request for copy agreement. We haven't requested it from them at all, it was BCW, who we have been telling 1st Credit for months that the account is in dispute with.

Anyway, surprise surprise, the document is retained by their client and they are going to advise them of our request and arrange for it to be sent to us. Am I right in thinking that if the debt has been passed to 1st Credit, so should the relevent documents?

[42man]

1st Credit will not hold any documents at all, no statements, default notices, agreements etc.

[Shazza50]

After approx 12mth break from dealing with dca's about my cc account, this company has now decided to try their hand.

 

I received a letter the other week from them which also had a letter included supposedly from the cc company informing me that it had been passed on to them.

 

I say 'supposedly' as both the letters had the same date on them and it was on poor quality paper.

Also, why didn't the cc company send the letter to me themselves?

 

after ignoring that, another letter arrives stating that they have made enquiries with the local land registry and have received formal confirmation that I am a home owner. It is now their intention to commence legal proceedings against me blah blah blah. I'm sure you know the rest without me typing it all:).

 

My question are,

I cca'd the first dca in Dec 07 and it became 'in dispute' about Feb 08.

Is it still classed as being 'in dispute' now or do I have to cca these muppets?

Or, do I ignore it, as I did with the others that came after the first dca that it is in dispute with,

and they went away when they realised that I wasn't taking the bait?

[angry cat]

CCA them;

bring in the CPUTR's

[Shazza50]

Sorry, what is CPUTR's?

[babybear39]

Consumer Protection from Unfair Trading Regulations 2008. They became law in May 2008.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

[Shazza50]

can someone please point me in the right direction for a letter to send for a cca request please.

[babybear39]

You need letter 8 from here:

 

The Consumer Forums - Debt collectors

 

Amend to suit, send recorded keeping a copy with your postal receipt, print your name do not sign and use a £1 postal order keeping a note of the serial number to check if it's been cashed. Write on the back of the postal order 'fee for CCA request ONLY'.

[Shazza50]

Thank you, I knew it was here somewhere as I've used it before.

[Blobbypet]

After approx 12mth break from dealing with dca's about my cc account, this company has now decided to try their hand. I received a letter the other week from them which also had a letter included supposedly from the cc company informing me that it had been passed on to them. I say 'supposedly' as both the letters had the same date on them and it was on poor quality paper. Also, why didn't the cc company send the letter to me themselves?

Anyhow, after ignoring that, another letter arrives stating that they have made enquiries with the local land registry and have received formal confirmation that I am a home owner. It is now their intention to commence legal proceedings against me blah blah blah. I'm sure you know the rest without me typing it all:).

My question are, I cca'd the first dca in Dec 07 and it became 'in dispute' about Feb 08. Is it still classed as being 'in dispute' now or do I have to cca these muppets? Or, do I ignore it, as I did with the others that came after the first dca that it is in dispute with, and they went away when they realised that I wasn't taking the bait?

Yup Exactly what I got Last year

[Shazza50]

Ok, I sent the cca request on 20 August and today I have received a letter acknowledging receipt of payment for it.

The letter is headed Hillesden Securities but on the first line of the letter it says Formally Hillesden Securities Ltd. Then it goes on to say they are awaiting a copy of the requested documentation from their client Hillesden Securities:confused:. It also says that if they are unable to forward a copy of the original agreement they will be able to supply a true copy of the document which will comply with section 77-79 of the consumer credit act 1974. This has confused me now, what exactly is the difference?

[Pinky69]

None - they are a shower of clowns who confuse themselves. If they cannot produce a copy of the agreement they are not going to produce anything but they want you to think they can. Wait to see what they come up with.

[angry cat]

The Faccenda Chicken company aka Hilleseden/DLC are having a laugh aren't they?

 

Most likely, they will send you current T&C's, which could mean that, they have complied.

 

But, this will not take them very far, without a signed true copy of the alleged Consumer Credit Agreement, plus inception T&C's.

 

We are not MUGS, thanks to CAG!

[Blobbypet]

Ok, I sent the cca request on 20 August and today I have received a letter acknowledging receipt of payment for it.

The letter is headed Hillesden Securities but on the first line of the letter it says Formally Hillesden Securities Ltd. Then it goes on to say they are awaiting a copy of the requested documentation from their client Hillesden Securities:confused:. It also says that if they are unable to forward a copy of the original agreement they will be able to supply a true copy of the document which will comply with section 77-79 of the consumer credit act 1974. This has confused me now, what exactly is the difference?

 

I get the same letter every month without delay, one month it says "awaiting a copy of the requested documentation from their client Hillesden Securities" The next month it says awaiting a copy of the requested documentation from their client DLC !!!!! Errrrr Whats this all about i ask my self, but still paying Metropolitan collection services each month, my bank statement says HSBC.

[postggj]

watch out for this [problem]

 

true copy

 

if the creditor cant find your agreement, they can send a made up one that looks like the original which will comply with your request

 

stay with me on this

 

but you just tell them to bog off

 

TO ENFORCE A DEBT/AGREEMENT

THEY NEED THE ORIGINAL

NOT SOME MADE UP ONE