HSL and a CCA request

[gazmalman]

Ive got '£4,271.82' of 'arrears' for which HSL have been chasing me now for 3 years. I deny that I owe any of this as it all stems from the SLC recording my address wrongly, 137 rather than 133, when i moved about 6 years ago, and I have proof that they have as well.

 

Anyway in January I sent HSL a CCA request for the true documents reguarding the loan, at the same time I send a S.A.R request. I recived the S.A.R after about 2 months but have never recived the copies of the orginal loan agreement. I have written a letter of complaint to rotherham trading standards, as thats where the correspondance from, who in turn got back in touch with the actual registered address of HSL which is in london. Ive written a complaint reguarding HSL not producing the agreements and not yet had a response. I had not heard a thing from HSL since the S.A.R docs arrived until friday last week.

 

Ive not really heard from HSL either, its a letter from Hodsons solicitors telling me they are acting on behalf of clarity credit management and if I dont pay up in 7 days they will start court proceedings against me. As it stands I have written to HSL telling them they are currently in default and sugesting that a court case would benifit neither party, but not surprisingly I have had no response. The 7 days is up tommorow.

 

The big question is do I go through with it and defend any claim on the grounds that no copies of the loan agreements have been forthcoming. Or do I cave in, ring up at the last minute and come to a repayment agreement? I really could do without the CCJ if I lose but I want to fight them for all the nasty phone calls and letters ive had to deal with for the last few years.

[Thepower]

No caa No debt,

On the negative side

SLC do have all post 1993 agreements (we think) HSL could get hold of it but you could argue you’ve never had it and would get a stay.

It depends on how bad a ccj would be to you because in the long run interest would be frozen and the court would only make you pay what you could afford. BUT the CCJ would stay on your file for six years and would make getting credit far more expensive (but not imposable)

I’d wait until they take you to court and see if in the pre hearing documents a CCA is in there, if not go to court and get it stuck out…..

On the plus side

If HSL take you to court and can’t produce the CAA it will get stuck out and they can’t legally chase you for the debt ever again…. So 4K up

If HSL had the CAA then why wouldn’t they send you it???

The judge wouldn’t like a statutory breach from HSL ( keep pressing TS)

If you look at the default notice this will be incorrect too. The reference number will relate to one of your loans and the amount in the default will be for the outstanding balance of all loans

I hope you asked for all of your CCA’s by using the plural if so HSL will be in breach have committed multiply offences and might be fine 2.5 k per offence:D

Good luck

[krysus]

I'm in a similar position...

 

Requested 2 CCA's (although i should've really asked for 3!)... they've provided one so far, about 25 days to go til they reach the criminal default stage for the other 2.

 

They're still demanding money off me, wrote them a nice letter telling them i didn't acknowledge the alledged debt, accounts were in dispute, etc. etc.

 

Didn't think early student loans could/did end up on your credit file or as CCJ?

I know the recent ones can though...

 

 

Anyway, firstly send them a letter telling them that any further correspondence should be in writing, otherwise you will consider it harassment. See letter templates section for a good example.

 

Until they can provide CCA, the debt is unenforceable. By chasing you for the debt and taking action to recover it while the account is in dispute is breach of British Banking Code, and possibly other things too...

[emmaf01]

Might be worth a complaint to the Department of trade- perhaps a letter to your local MP would be worth a shot.

 

MPs finally have their uses....