Hillesden Securities - DLC

[lenbob]

Hi Folks,

 

Looking for some advice please on some letters my mum has been sent from a Company called DLC, working on behalf of Hillesden Securities who now claim they own a debt which was previously to Morses Club.

 

My mum had a loan out with Morses some years ago before they went bust, afterwards no-one came round to collect any re-payments and no letters were sent to instruct her on how to make any payments. Now she has started receiving letters from this DLC company asking for her to make payments. I have sent the letter i got from here asking for a true copy of the CCA, this was in May of this year and all she had received back was a letter confirming receipt of the request and that they would request the info required. Every couple of months she got a letter to say that they were still 'chasing up' the required paperwork but that it didn't consitute enforcement if they still asked for her to make payments.

 

She then received another letter about 2 weeks ago from the DLC parent company 'MDB' saying that the debt had now been passed to them as she wasn't making any payments. I sent the the letter from here saying that they had failed to comply with my request for a true copy of the CCA within the statutory time limit and as such the matter was now a formal complaint. We received a letter back very quickly from DLC stating 'The logistical aspects of recovering the original documents in time was virtually impossible' and that at the time the complaint letter was received they were 'technically' in breach of the 1974 act. They go on to say that while they disagree with my claims that they have failed to respond my complaint has been upheld. They say in their letter that as payments have been towards the debt the question of liability for the debt is not in question.

 

I have asked them several times to supply a statement of any payments made but they have failed to do this, also with a copy of the CCA we have no idea exactly how old this agreement is.

 

They have asked that i respond within 14 days to confirm what they have written but i was hoping to get some advice on here first before going back with another letter.

 

Any help would be much appreciated,

 

Thanks and Best Regards,

Liam

Edited November 11, 2012 by lenbob

[Bandit127]

You have it in writing that they are in default of your CCA request. This debt cannot be enforced in court.

 

Since you do not have the agreement or the statements you cannot verify that the sum they are claiming is correct, or are any terms that remain attached. You are therefore free to dispute that sum.

 

DX will say No CCA = No Pay.

 

OFT guidance states that all recovery activity should cease on a disputed debt. They should stop asking you for money.

 

In fact, they will probably just pass it on to another DCA.

 

Write to MDB as well, advising them that the account is in dispute.

 

And please could you edit your post to put some paragraphs in? It is hard to read in one block...

[smithy70]

Frankly just ignore them.

Until they can provide a copy of the CCA they can not enforce , but enforce has a very specific meaning. Asking for, telephoning, even issuing court proceedings is not classed as enforcement. What you now need to do is sit tight, not acknowledge the debt and wait your 5 years.

How long is it since a payment was last made or you admitted the debt in writing?

[lenbob]

Thank you both, i will just write to them and ask again for a statement of payments and advise that no payments will be made and the debt will not be acknowledged until the CCA has been provided.

 

Thanks,

Liam

[Bandit127]

I see no point in asking for statements if you are going to ignore them. SB in Scotland is a 100% discount... (The debt is extinguished).

 

Smithy is right about non compliance with the CCA. But disputing the account is what should stop all recovery activity.

 

You should (at least) place the account in dispute and point out their non compliance with your CCA request.

 

Take a copy of that letter and be prepared to post copies of that to any new DCA that pops up. (They will not have been informed that the account is in dispute and you may end up with court proceedings as a result of their ignorance).

 

Actually - when do you think the last payment was made?

Edited November 11, 2012 by Bandit127

[lenbob]

Hi all,

 

well i thought i had heard the end of this but received a letter yesterday to say that due to the age of the account the original executed agreement and statement are currently unavailable. They go on to say that while they may not be able to enforce the agreement, the monies remain outstanding. The have attached what they claim to be a statement of payments with the last 'payment' being made on 1st September 2008. If this continues until Septemeber of this year does that mean it would be statute barred? It also goes on to say that demanding money is not enforcement and collection activities will continue.

 

Is there a letter on here i can send them to cease activity or do i just ignore them?

 

Thanks,

Liam

[IdaInFife]

They are correct in what they say that the can still ask for payment but cannot enforce through the courts.

 

Yes it will be SB later this year.

 

I would ignore or if you really want to respond you can say that there will be no payment forthcoming until as such times they provide an executed agreement