Hilles/DLC/old associates card - they changed default date - **Won/Adverse Data Removed**

[Windywoo]

Morning all,

 

I had an old Associates card which was sold off to Hillesden Securites way back in 2006,

they could never find any paperwork associated with the alleged account,

and as a consequence they removed the default.

 

I have just renewed my Experian sub after about three years,

and have just noticed they are updating the report with a six month late payment marker.

 

The last payment I made on this account was at the end of January 2007,

so should be SB in a couple of weeks.

 

Can they keep updating like this,

because surely it will never disappear (not that I'm bothered)

and what should I do about it?

 

Many thanks.

[dx100uk]

cheeky beggars!

 

why did they remove the default?

 

you need to write to their compliance and complain

 

dx

[Windywoo]

Hi dx

 

They removed the default as one of their "gestures of goodwill" when they couldn't locate any paperwork from the Associates, eg Credit Agreement. I still get a monthly begging letter from them, but will reply with the SB letter next time! Would you advice a letter of complaint as well?

[dx100uk]

removing that default did you no good!

 

yes complain

if the default had been left

it would not now be showing.

 

dx

[Windywoo]

An update:

 

I wrote to Hillesden/Dlc asking them to remove all adverse data from my credit files as the account is SB,

the last payment having been made in February 2007.

 

I have received a letter from them telling me the account is not SB

as I was supposed to have paid them £50 by cheque in August 2009.

 

I have checked back over my statements and this is a blatant lie

- I never made this payment!

 

It appears they have dishonestly manufactured a payment on the alleged account to suit their own ends,

and they have the audacity to ask for my repayment proposals

- what to do next please.

[dx100uk]

you want the FULL details of that payment from them

 

when who when account numbers from too etc etc

 

very typical trick

for a DCA to magic up a phantom payment.

 

dx

[Windywoo]

Right, received this letter today,

 

I hope somebody can advise me what to do next.

 

"Due to the amount of time passed, it is not possible to provide you with a copy of a cheque presented for payment in August 2009!!!.

 

I note your comments you do not have a records within your own bank account statements of having made such a payment.

We do regularly receive payments from third parties towards customers accounts

and as we have received a payment to the account this is regarded as acknowledgement of the debt"

 

Now this is outright blatant lies,

there would have been no third party payments,

and surely they have to keep payment records for 6 years?!

 

They conclude the account is not statute barred as I claim,

and request I contact their collections team

- they also forget they couldn't provide a scrap of paperwork for this alleged account,

that's why they felt obliged to remove the default in the first place.

 

I have already reported them to OFT!

[dx100uk]

silly beggars!

 

dx

[ncm-000]

Right, received this letter today, I hope somebody can advise me what to do next.

 

"Due to the amount of time passed, it is not possible to provide you with a copy of a cheque presented for payment in August 2009!!!. I note your comments you do not have a records within your own bank account statements of having made such a payment. We do regularly receive payments from third parties towards customers accounts and as we have received a payment to the account this is regarded as acknowledgement of the debt"

 

Now this is outright blatant lies, there would have been no third party payments, and surely they have to keep payment records for 6 years?!

 

They conclude the account is not statute barred as I claim, and request I contact their collections team - they also forget they couldn't provide a scrap of paperwork for this alleged account, that's why they felt obliged to remove the default in the first place. I have already reported them to OFT!

 

 

I presume those arguments would not hold water in a court of law !

 

I would send a very strong letter full of four letter Anglo Saxon words were I to receive such an answer.

 

That letter would also contain substantial threats of legal action unless they withdraw the comments within the letter.

 

Does the panel agree?

[Windywoo]

Does a payment, allegedly from a third party constitute an acknowledgement of debt, or does payment have to come from the debtor him/her self?

 

As this so called phantom payment did not come from me, is the account not still time barred?

 

Just trying to gather peoples thoughts so I can plan my next bit of action.

[dx100uk]

only with your written authority

 

keep pushing them upon where and by WHOM the payment came from.

 

dx

[ericsbrother]

and they know that, which is why it is particularly stupid of them to say what they have said.

[Windywoo]

Post just been, and

 

I've received a final response from them, saying

 

" as payment has been received towards the balance outstanding,

we disagree with your claims that the account is SB,

and will not be removing the entry currently on my credit file"

 

They invite me to complain to FOS and CSA.

 

I have already complained to OFT, so they'll get copies of this letter also.

 

They say there's been a third party payment,

but can't say from where (I haven't authorised anybody to pay anything)

they can't prove a thing, yet they refuse to stop updating my credit file!!!

 

FUMING!!

[dx100uk]

then they need to send proof of WHO paid it in andfrom WHERE.

 

smells of phantom payment trick to me

 

dx

[Windywoo]

Another letter from our firiends at dlc:

 

They've sent the final response blah blah...

 

"I can advise however, that we do not require a customers written authority to accept a payment from a third party,

whether this be a debt management company or an individual.

 

The payment was received with one of our payslips so the payee was aware of the account number to which payment was to be made.

we therefore maintain our stance the account is not SB...."

 

What blatant lies!

 

They know the phantom payment was made using one of their payslip with, allegedly my account number on it

- they should have a records of whoever made the payment!

 

And, they do not send out payslips with their monthly statements

- you are invited to pay over the internet, by direct debit, by post with your name and account number written on the back,

telephone banking, credit or debit card

(please use attached giro slip - where is it? - oh, you've forgotten this account is irrecoverable

so you don't send me a giro slip do you /) and pay point.

 

Looks like they may have shot themselves in the foot!!

 

Fed up with playing letter ping pong with these morons, they're liars and they know it!!

[dx100uk]

10/10

 

now you need to demand sign of the payment slip

[i suspect it was a dca letter, they have slips on the bottom]

 

else remove the account please be an idea to ask brig to pop in

 

brig letter time me thinks

 

dx

 

 

might

[Windywoo]

I have written one of my letters to them, before I send it could I ask for some advice.

 

The alleged payment, made on their payslip was made in August 2009 - allegedly!

 

I CCA'd this company in March 2007, and waited for them to tell me the account was irrecoverable Nov 2008, and that I would hear nothing further from them.

 

Letters began again in July 2010, asking for money, no payslips, relying on McGiffick case.

 

I have no correspondence from them from Nov 2008 - July 2010.

 

Now, they claim to have received a payslip in Aug 2009 - to whom did they send the letter asking for payment, and have they breached the DPA by doing so!?

 

Sorry to be so in depth, but I want to get my facts straight before I email them - again!!

[BRIGADIER2JCS]

Good Morning Windy, looking in as requested.

 

This is suspicious, as you are certain that you had no such payslips, and no 3rd party was in possession of any as well.

 

My suggestion is the following letter.

 

The Compliance Manager

DLC.

 

 

FORMAL COMPLAINT

 

Sir/Madam,

 

I refer to a letter from DLC dated xx xx xxxx regarding a payment allegedly made to an account relating to xxxxxxxxx, please note I do not acknowledge this debt and restate that this matter is statute barred.

 

DLC claim that a payment was made in August 2009 using a payslip issued by it, this claim is refuted totally for the following reasons:

 

1. I have made no such payment.

2. I was not in possession of any ''payslips''.

3. At no time have I authorised any 3rd party

to make any payments on my behalf.

4. DLC have NOT provided unequivocal proof that

any such payment was ever made.

 

Unequivocal proof required is:

 

A. A copy of the alleged payslip

B. The type of payment eg cash, cheque, etc.

C. If a cheque payment was made the following data must be provided:

The Name of the bank on which the cheque is drawn, the address, the sort code,

the name of the drawer, the date shown on the cheque.

 

If a cash payment was made into a bank account, the name and address and

sort code for the bank into which the alleged payment was made, the date of

any such alleged payment ie dd/mm/yy.

#

If a postal order was used, the PO issuing

the order and the PO number, the date cashed.

I also require that the name and address of any party that DLC have sent demands for payment

to at any time since it acquired this alleged debt.

 

Until such data is provided this matter remains in dispute.

 

This letter is sent by RM recorded/signed for delivery and receipt will be checked.

[Windywoo]

Thank you Brig, I will send the letter with a few added bits and see where I go from there - I don't hold out much hope though.

 

I suppose if I go the court route, they will have to provide proof wouldn't they?

[BRIGADIER2JCS]

Yes, it is unacceptable to just state a payment was made without providing proof of who, and how the payment was made.

[DonkeyB]

I bet they haven’t sent you annual statements, as required by law?

 

Amazing. ‘We have no record of the payment... but it was paid in via a slip’. Pants on fire!!

[Windywoo]

Monthly begging letter but no annual statements!

[Windywoo]

Update:

 

"Dlc maintain their stance as detailed in previous letters,

they believe that any payment received on the account is an acknowledgement of the account"

 

So apart from the so called statement from their system showing this "payment" they've got nothing else!

 

Advised FOS, and don't feel it necessary to continue in lengthy dialogue!!

 

So they consider it ok to continuing trashing my credit file, but they've got no proof of any payment being made! GREAT!

 

Would it be worth taking it to FOS?

[Windywoo]

Dealing with a dodgy printer at the moment, but have at last managed to gather legible copies of all paperwork!

 

Toe rags still trashing my credit file, so complaint going off to FOS today!

[Windywoo]

Update:

 

Recived a letter from FOS today - they are unable to uphold my complaint, as there is insufficient evidence to indicate where the alleged payment came from, and cannot comment on it being SB or not, they consider it to be a matter for the Court. So, no suprise, they've sat on the fence, and DLC have got away with lying, again!