Direct Legal and Collections

[Lorraine Bowie]

I purchased a van back in 2007 which prior to the end of 2007 became un-roadworthy. the van was purchased with an RBS loan.

 

The van was taken back to the garage via a low loader and RBS where informed of this, at that point i stopped paying the debt.

 

the van was then sold at auction without my knowledge at a very considerable lower sum to the one outstanding, thus leaving me with £2300 outstanding.

 

The DLC is now hassling me and I have agreed to pay £50 a month which i really cant afford.

 

A friend of mine however has told me that i should stop paying as i do not owe the money to DLC and because i do not have a consumer credit agreement they cannot argue with this.

 

Is this correct???

 

please help i am at my wits end

[dx100uk]

you need to check your CRA file

 

who is shown as the owner of the debt

 

dx

[Lorraine Bowie]

Capital Bank Plc are DLC's clients, so i assume it is them

[dx100uk]

assume?

 

you need to check your cra file

 

dx

[Lorraine Bowie]

ok i am guessing if i use your informatiion at the bottom of your thread i can check my CRA file that way

[dx100uk]

yea sure

 

noodle.co.uk is free

 

dx

[Lorraine Bowie]

I have actually just checked my CRA file and my CRA is 970 with only one default which is Hillesden Securities

and I have not signed ny agreements with them

 

- CRA are saying that they have no other companies associated with them either.

 

HELP are they illegally chasing me for this money

[dx100uk]

hillies are a dca - so if dlc are writing to you

then they have no legal rights on the debt at all.

 

however, the debt shows cannot be totally ignored.

 

you seem to be under the belief that dca's have some hold on you,,

 

thry nor ANY DCA or their fake/tame solicitors have ANY LEGAL POWERS

 

they are NOT bailiffs and ONLY the named owner can take you to court

 

and theres fat chance of them doing that

 

the OC PBS obv sold this on for a reason

 

that reason will most prob prevent court ese they would have done it 5yrs ago..

you need to SAR RBS include details of where you lived at the time of agreement.

 

The DLC is now hassling me and I have agreed to pay £50 a month which i really cant afford.

 

A friend of mine however has told me that i should stop paying as i do not owe the money to DLC and because i do not have a consumer credit agreement they cannot argue with this.

 

Is this correct???

 

How did they contact you and WHY did you start paying again

 

tell us this part of the story.

 

dx

[Lorraine Bowie]

They kept ringing me constantly and every time i argued they would get someone else to phone.

 

they then sent me a letter saying they were going to do background checks and if i owned a house (which I do)

they would take measures to get the money from me that way.

 

that is the reason i started to pay again as i was afraid they could take my home from me.

 

i have only paid one installment of £50.

 

do i stop paying again and hold my breath or do i continue to pay as they have put a claim on my CRA.

[dx100uk]

what do you mean they have put a claim on your cra?

 

detail how you paid please...

 

 

dx

[Lorraine Bowie]

when i searched my credit reference with experian there is a default from hillesden securities and i dont know who they are. Experian have no other companies associated with them either. Direct Legal and Securities sent me a payment book to pay at the P.O. or bank etc

[dx100uk]

i would expect the 'default' date to be sometime within 6mts of the last payment you made in dec 2007?

 

dx

[Lorraine Bowie]

The default date is 10th December 2007 and the status code is 8 which apparently means "The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended. "

[dx100uk]

yep so all that has happened is

 

the OC defaulted you 10/12/07

since that date

the OC has written off the debt against tax and sold it on a phishing list.

 

it was at some point brought by hillesden securities . hence their name now shows against the debt/default

 

then other muppets tried there luck

 

as this is coming up to the SB date [6yrs from your last payment]

 

it typical for one of the fleecers to try it on to spoof you into repaying.

 

sadly they succeeded and you didn't find CAG quick enough.

 

as DLC are NOT listed as the owner, and, you got 'spoofed' by all the threats on the phone.

 

the letter was the last straw.

 

HOW did you contact DLC to start payments phone them up or by letter?

 

dx

 

 

the trick here is to NEVER EVER talk on the phone about your debts

 

you are under NO LEGAL OBL to EVER discuss these on the phone!! end -of!

[Lorraine Bowie]

I rang them and agreed to pay £50 per month. what do i do now please

[dx100uk]

good thats what i wanted to hear.

 

sorry for the questions

just needed to make sure of the facts

 

phonecalls do not count as acking a debt

and your payment could quite easily be seen as made under duress.

 

stop payments

 

fire off a CCA request to them.

 

it matters not that this shows on your CRA file 'as such'

 

dx

[Lorraine Bowie]

thank you, will i get the CCA template from here

 

you have certainly made me feel a lot better

[BazzaS]

Did you agree to pay them £50 and haven't yet paid it, or agree and have paid it?.

 

Whilst this site doesn't condone debt avoidance, it does help people ascertain if the DCA claiming money are entitled to do so. General advice is "never speak to a DCA on the phone, insist on 'in writing'", and certainly seek advice here before agreeing in writing to making a payment, or making a payment.

 

My viewpoint? Some of the DCA's try and extract money that they aren't entitled to, so nothing wrong with putting them to proof that they are entitled to collect any alleged debt.

[Lorraine Bowie]

I agreed under duress and have paid one amount of £50, but whilst talking with a friend about how scared they made me feel she informed me to look into, hence what i am doing now - i will send the Consumer Credit Agreement letter and wait and see what happens - if i have to pay then i will pay it, i just dont like the way it has been done.

[Lorraine Bowie]

Hi again,

 

I recently put on a thread on the 6th April and was advised to send DLC a CCA letter.

This I did and below is the response I received - CAN SOMEONE PLEASE HELP ME DECYPHER IT!!

 

Account Number xxxxxxxx Formerly Capital Bank Plc 9305680000105

 

I acknolwedge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974

 

We are still awaiting a copy of your original agreement and statement of account from the original lender Capital Bank Plc. When these become available they will be forwarded to you.

 

If we are unable to forward a copy of the original agreement we will be able to supply a true copy of the document which will comply with sectionj 77 - 79 of the CCA 1974

 

We would like to draw your attention to the ruling in the case of McGuffick V RBS judgement dated 6th October 2009 in relation to what is considered enforcement, the judgement stated that the bringing of proceedings is not enforcment. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the CRA as this is also not considered as enforcement.

 

Whilst we may not be able to enforce the agreement until the documentation is provided the monies remain outstanding and the underlying obligation to repay remains intact. In view of the above judgement the account will remain with our collections department for collections activity to continue.

 

Should you require anything further at this point pleaser contact me accordingly, I will update you on developments in 21 days if there are no developments beforehand.

[Lorraine Bowie]

Please can someone tell me what the letter is saying

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/showthread.php?345059-Concerned-about-McGuffick-v-RBS&highlight=McGuffick+RBS

[MARTIN3030]

2 threads merged so others can see the background.

[Lorraine Bowie]

sorry i need it in plain english - I am not very good with legal jargon

[Lorraine Bowie]

Please can someone tell me what the letter is saying - thank you to martin3030 for posting a thread re the case of mcguffick but having read that i am even more confused, help