hillesden securities default entry

[MARTIN3030]

Having recently checked a credit file I note that I have a default entered by this company.

The debt was based on penalty charges from citi financial,who I have a claim going through with.

 

Do I wait until litigation stage to ask citi to have the default removed do I ask Hillesden to remove it ?

 

Also do I need to send dpa request to them ?

[pj41]

Hi Martin,

 

Hillesden Securities have probabally bought your debt off Citi ,if they have lodged the default.

 

I am being taken to court by hillesdens. I issued a dpa to city and got a reply and my statements in about two weeks. I have claimed today £850. Prelim letter sent. There is also a receipt for what hillesdens bought my debt for. approx 20%

 

I have also sent a dpa and a consumer credit act request for a true copy of the original agreement and bill of assignment to hillesdens over a fortnight ago now. Guess what ? yep no response!

 

If they can't provide these its not enforceable. Although they have a month to do so I believe.

 

If I where you, I'd DPA city and hillesdens to find out where you stand.

 

 

Hope this helps

 

I'll keep you posted with my developments.

 

 

Cheers

 

 

Paul

[Movingon]

If they can't provide these its not enforceable. Although they have a month to do so I believe.

 

They have 12 days, after which they are in default and cannot enforce the debt while this remains the case.

 

After one month they have actually committed a criminal offence.

[mahala]

there seem to be quite a number od DCAs failing to respond to CCA requests - and therefore committing offences. Will there be a spate of debts written off/ made unenforceable because the companies holding them are too stubborn to respond? (let's hope so!)

[Movingon]

Too stubborn? Or just don't have the info and no way of getting it?

[MARTIN3030]

Yes Guys thanks for your replies.

 

I will send Hillesden a request for dpa information and also a request for the CCA agreement.

 

I have had a reply this morning from Citi.

 

Though to keep things in order I will post the details in my citi thread.

 

[pj41]

They have 12 days, after which they are in default and cannot enforce the debt while this remains the case.

 

After one month they have actually committed a criminal offence.

 

Hi Tom,

 

If Hillesdens know they haven't provided the information to me by the hearing date wont they just retract the summons or will I get the chance to say "but your honour I dont owe 'em diddly squat as they have not provided any documentary evidence"

 

I'll tell you now, if this happens this site can gladly have 10% of my claim off citi.

 

 

Thanks for your input.

 

 

Paul

[Movingon]

Paul -

 

This rule only applies if you have actually sent a request for these documents under the Consumer Credit Act 1984, and a fee of £1. If you did this, and they are still taking you to court, then it should be quite fun; the lack of a signed supporting agreement is a complete defence in itself to any court action brought against you regarding this "debt".

 

So - if you haven't already sent this all-important letter, do so now; requesting a copy of the signed credit agreement under the CCA 1984. Don't forget a cheque or postal order for £1.

[pj41]

Hi Tom,

 

Yep they started legal procedings on the 17th May. I responded to the court saying I would defend (28 days). I sent a Consumer Credit Act letter recorded delivery, from this forum, with my quid on the 24th recieved 25th cashed 30th May. I really expected them to provide this, so sent a DPA SAR too with a tenner on the same date cashed at same time.

 

No response to either, no phone calls, no letters, nowt.

 

This sounds like fun!!

 

Thanks for the prompt response.

 

 

Cheers

 

 

Paul

[pj41]

Hi all,

 

 

Hillesdens have replied today (16th June)

 

Letter dated 13th June.

 

Quote, Dear Mr pj41

 

With reference to your request for information under the Data Protection Act, please find enclosed copy of all case notes held on our computer records and a copy of the statement of account covering the period from the assignment of the debt to Hillesen Securities Ltd.

 

The full ststement of account and copy agreement will be forwarded in due course.

 

 

attached - data base info'

 

 

basically records of phone calls, letters sent etc,

 

entry as of 12th june "quote"

 

defence recieved d (debtor) has written req info under dpa and consumer credit act - req documentation within 40 days - will have to let the claim be stayed - written to d (debtor) docs on order.

 

does this mean that if they manage to produce the docs I wanted (full statement and copy of true agreement) they can start the court claim again?

 

 

Any advice would be greatly appreciated.

[Movingon]

Yes but if the CCA docs take more than 30 days to produce they're going to look mighty stupid in court against you when they have committed a criminal offence against you LOL.

 

They probably won't to be honest; especially if you comment on the offence in your defence.

[pj41]

Hi Tom,

 

Thanks for your input. I like "they will look mighty stupid"

 

To be honest they sound stupid too when I've had the missfortune of having spoken to them.

 

 

Thanks for your prompt response.

 

 

Cheers

 

 

Paul

[MARTIN3030]

Remarkable how they have included your DPA request in the notes...............talk about up to date ??

 

 

Maybe they have put this in as a bluff ?

[pj41]

Hi Matrin,

 

Foot yourself the in and shot all spring to mind. LOL

 

 

Cheers

 

 

Paul

[pj41]

Hi All,

 

No response from Hillesdens regarding the docs I asked for. So I have written to them demanding my money back. They have until next Wednesday to comply or it's MCOl time.

 

Keep you posted.

 

 

Cheers

 

Paul

[MARTIN3030]

I had no reply either their deadline is 2nd August for the cca request.

I am ready to report them to my trading standards.

 

You do realise that you cannot do a moneyclaim for anything but money ?

 

You would have to issue them with a claim for disclosure at the county court forcing them to comply and asking for removal of adverse credit info from your file.

I am in the Lba stages with citi and have heard nothing from them since my dpa.

[MARTIN3030]

Am I getting mixed up here Paul ?

 

Is the mc against Citi or Hillesenden ?

 

In the case of Hillesenden its only for 11 quid right ?

 

You would have to address the other issues at a county court which would be another fee.

I would have thought best at your local court......150.00 quid but of course recoverable.

[pj41]

Hi Martin,

 

I ran up a Credit Card (CITI) bill of about £5.5K I couldn't keep up the payments, they defaulted me and sold the debt to Hillesdens for £1100.

 

Hillesdens agreed to £50 a month (before I found this site) I paid them £550.

 

Hillesdens issued a court claim against me after they demanded £ 125 per month and I refused.

 

Hence their claim in May. I found this site, did a SAR to Citibank found out the above info and my charges from Citi were about £850.

 

I have a MCOL "saved" on the site whilst I save up the £120 to go for Citi bank.

 

In the meantime my defence to the court claim from Hillesdens was to send a SAR and a CCA request £10 for one plus £1 for the other. After 12 days no paperwork court action Stayed.

 

I was going to let it rest then I thought Oh s*d it if you aint got the correct docs you are not entitled to collect the money either. So i wrote demanding my money back.

 

Co-incidently they ( Hillesdens) have written to me today basically sying "the docs are on order" we will get back to you.

 

So, come Monday I will issue a MCOL for the £550 I paid plus the £11 for the SAR and CCA request. Just because I can, and I detest Hillesdens. No doubt the Docs will appear eventually.But in the meantime I want my cash back.

 

Cheers

 

 

Paul

[MARTIN3030]

Paul did you send them an lba ?

They could request the 28 day and defend,and use an arguement that you did not try and give them a chance to resolve it.

They will likely claim too that you didnt send them a schedule of what you were disputing

basically they will stall on the basis they knew nothing of planned legal action

[pj41]

Hi Martin,

 

Fair point. My letter basically said you have deceived and harrased me into paying you and I have now become aware that you have not got the correct docs. So, send me a cheque refund within 7 days or I'll commence court action.

 

What do you think?

 

Cheers

 

Paul

[Movingon]

That is a letter before action; it makes your intent painfully clear.

[pj41]

Hi Tom,

 

That's what I thought so MCOL on Monday.

 

What fun.

 

Paul

[MARTIN3030]

Actually most library letters from the site specify an intent to proceed to legal action.

If they have begun proceedings against you,then in your response pack you would have been given the opportunity of a counterclaim.

[pj41]

Hi Martin,

 

Yes, you are correct. There is an opportunity to file a counter claim. However, the timings allowed were not ideal, 40 days to respond to a SAR - only 28 days to file a defence!!

 

Anyhow, I have had letters from Hillesdens entitled:

 

48 HOUR RESPONCE REQUIRED.

 

Pay us etc etc.

 

They are a company with resourses and dedicated departments etc I am obviously an individual so 7 days is all i will and have given them.

 

I'll keep you posted with any developments.

 

Cheers

 

 

Paul

[MARTIN3030]

Paul I see where you are coming from.

In these circumstances your action is bob on

 

And no doubt a road I will be going down with them myself very soon