DLC CHasing BH loan

[alibabe1961]

hi all, this is my first visit here because i have one major headache with hillesden securities acting on behalf of black horse, i had an aggrement with black horse on which i defaulted, they took me to court and applied for a charging order to be placed on my property, this was done but now i am receiving letters from hillesden securities requesting payments, i wrote to them back in january requesting a copy of the cca but they have failed to do this in the allotted time frame, what is my next step, please

[checkthatcredit]

Alibabe - my take on this is as follows - arguing against CCJ's is tricky if you defended the original action unless you are able to start set-aside proceedings on the basis that you were not aware of the legalities at the time of the case.

 

Send Black Horse a SOR request for the full contents of your file - enclose a cheque or PO for £11 and see what they send - I would send a copy of the request to the collection agents and tell them that they need to revert to their clients and cease any further action until such time as the SOR has been complied with.

 

Depending on how old your debt is a copy of the agreement may be in your file and then you can assess whether to try and get the charging order set aside due to an illegal instrument in the form of a non-compliant agreement.

[alibabe1961]

hi, this is my first post and i too am attempting to gain a copy of the original CCA from Black Horse via DLC/Hillesden. I originally sent a request for this in January 2009 enclosing the statutory £1 postal order. I have received countless letters back from Hillesden saying they will contact me further in 21 days. It is now June and I still havent received the CCA copy from them. Their last letter that I received today states "it is no longer a criminal offence to not supply copy doucments within the timescale of one month. The offence was abolished in Schedule 2 Part 1 paragraph 20 of the Consumer Protection from Unfair Trading Regulations 2008. We have followed up our request to the original lender for a copy of your original agreement. They also state "Your account has been on hold and no enforcement action has been attempted since your data request was received on 12 March 2009. How much longer do I have to give them?

[Pinky69]

Alibabe, always start your own thread if you have an enquiry as otherwise it gets confused if tagged on to someone else's thread. The New Thread Button is on the left at the top of the forum.

 

There is no time limit on when an agreement might turn up but there is a time limit on them pursuing you for payment if they haven't supplied a copy of the agreement - 12 + 2 days. That is now long gone so put the account in dispute and there is nothing they can do about it unless they send you a copy of the agreement. If they do send you a copy of the agreement at some stage, they then resume rights to collect if it has been assigned to them and is enforceable. If they do find a copy and it isn't enforceable, they cannot take action against you to collect the debt. It is still owed but they cannot pursue collection throught the courts.

 

Account In Dispute

 

Dear Sir/Madam

 

Thank you for your letter of (Date) the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On (Date) I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

 

You have failed to comply with my request, and as such the account entered default on (Date) (12+2 working days AFTER the CCA request was sent)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter, which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours