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wmr v hillesden

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  • wmr v hillesden

    Good Afteroon everyone. I am new to the Forum and would very much like some kind advice with my problem with DLC Collections. As I am 70, I can do without all the hastle from these people that I feel are trying to take me for a fool.

    My Credit Card Account was with "LV" through Saga. I had an arrangement with Liverpool Victoria for payments of £1 monthly. This was due to expire in April this year (6 months).

    DLC sent a letter in February stating that I should make payments to them as they had purchased the account. I transfered the payments over to them.
    I had no other correspondence saying they were the legal owners.

    On March 24th (dated) by 2nd class mail, I received a "Notice of Default" (it arrived 29th March), stating that arrears of £644.61 was overdue and had to be paid by 12th April. Also stated was... "IF YOU DO NOT TAKE THIS ACTION BEFORE THE ABOVE DATE FURTHER ACTION BELOW MAY BE TAKEN:.....
    "If you fail to make the above payment by the stated date we will terminate the agreement without further notice toyou". This Default Notice was not shown to be under "Section 87" you will note.

    I continued with the £1 Standing Order and on 24th May, I received a further letter from DLC saying... As you are aware your debt has been sold to Hillesden Securities Ltd by Liverpool Victoria ! Since owning the account we have not applied any charges or late payment fees. This letter gives you notice the account will start accring charges from May 26th. The interest rate will reflect the recent rate charged byLiverpool Victora. Going forward, a monthly statement will be issued et, etc.

    On June 1st by "Recorded" I sent £1 requesting copy of the CCA Agreement to DLC. No response at 21/6/10, so as the "Default" said the account would be terminated without further notice, I sent by "Recorded" a letter of "Unlawful Rescission". On June 23rd,I sent "Recorded", a letter of ACCOUNT IN DISPUTE.

    I raised the point that no CCA Agreement had been sent, The Default Notice, i
    if they owned the account was defective on days, and amount, and also no notice of assignment had been served. I also pointed out that I required written confirmation of assignment . I also pointed out that they were not permitted to make and add charges until the matter was sorted.

    22nd July a reply from DLC saying they had passed the matter to Hillesden Securities, to comment on.

    All Hillesden Securities are doing is writing each month saying they have still not received copy of my CCA, and that as they own the account they can still make charges etc.

    This month they have again sent a letter saying the same old story,,,they are still waiting for the CCA Agreement, and that they purchased the account in JULY 2001. I never had the account in 2001!

    They are still sending me monthly statements adding £60 interest on £3200 and taking the £1 payment I make. The account is going up each month.

    I would be most grateful for any help and advice. Have I done the correct thing by sending "Account in Dispute" as it seems to make no difference; they are still adding interest monthy and I have no evidence they purchased the account.

    Thank you so much for any kind advice.

  • #2
    Re: wmr

    I'm sorry to hear you're having this grief at 70. Liv Vic are ruthless barstewards.

    Comment


    • #3
      Re: wmr

      Hello Folks,

      Anybody out there ? 3 weeks no since I asked for your kind help....only one reply !

      Does anybody have any advice please ?
      Last edited by wmr; 3rd November 2010, 17:23:PM. Reason: Spelling error

      Comment


      • #4
        Re: wmr

        So sorry we've missed this one. Will try and get someone sorted for you who really knows their stuff - Curlyben. He knows everything about DCA's and how to deal with them.

        Off to sort you out!

        David

        Comment


        • #5
          Re: wmr

          Have sent message to CB who'll hopefully pick it up soon. Many other good advisors around too, so now your thread has "reappeared" it should get you an answer!

          Comment


          • #6
            Re: wmr

            Sorry I've been a little tied up with work matters.
            Anyway, so far you have done the correct things.
            Until Hillesden comply with your lawful request you have NOTHING further to say to them.

            They CANNOT take any action until such time as they rectify the default under CCA s78, ie supply the aforementioned agreement.

            I wouldn't worry about DLC as they work hand in hand with Hillsden.
            As you have already commented on, a DCA cannot continue to add interest unless there is a clear contractual obligation to do so, and without the agreement there isn't.

            So time for some light reading, but you've probably seen most of it before.
            the first link in my siggie offers more insight in dealing with these "people".

            Comment


            • #7
              Re: wmr

              DLC and Hillesen Securities are both part of the same Goup: Faccenda.

              If, the account was sold to Hillesden Securites by Liverpool and Victoria, they (HS) will need to provide documentary evidence providing proof that the alleged debt has been legally assigned.

              Only the creditor or owner can issue a default notice under s87 CCA.

              [Quote] :
              This month they have again sent a letter saying the same old story,,,they are still waiting for the CCA Agreement, and that they purchased the account in JULY 2001. I never had the account in 2001![Quote]

              Sounds like DLC have got their knickers in a twist...no surprises there then.

              Tell them to comply with your legal request for information under the CCA;

              Tell them to put up or, shut up!

              Comment


              • #8
                Re: wmr

                I have just come back to see what, if anything has happened. Well, Well. I am most grateful to you "Caspar" for moving things along, and most grateful to "Curlyben" and "Angry Cat" for your input. I knew something must have been wrong as you all seem a wonderful and helpful lot on looking around the forum.

                Could I just add here please:-

                Letter arrived this morning from "Hillesden",. I will quote what they say in response to mine:-

                Thankyou for your letter of 15th October regards the above account. I can confirm and advise the following:-
                1) We disagree with your claims that you were not issued a properly executed default notice on your account and can confirm the default notice was issued on March 23rd and was fully compliant with the Consumer Credit Act 1974.

                2)We therefore disagree that any unlawful rescission has taken place on your account.

                3)We are following up your request for a copy of the original agreement and statement of account with LV. When this becomes available we will forward a copy to you.

                4)Whilst we may not be able to enforce the agreement until documentation is provided, the monies remain outstanding. The industry guidence from the Credit Services Association states the agreement has not been made illegal or void due to the orginal lenders failure to provide the requested documentation at this time. The underlying obligation to repy remains intact.

                5) We can confirm that we acquired the account in November 2009 and the date previously specified was incorrect. We aplogise for any confusion this may have caused.

                6)A notice of assignment was issued on December 12 2009 avising that the account was now acquired by Hillesden Securities Ltd in its entirety.

                7) I can confirm that this account was acquired from Liverpool Victoria. In accordance with the rights and permissions under the original agreement , Hillesden Securities Ltd are entitled to charge interest and charges as per the original terms and conditions with Liverpool and Victoria.

                8)Please find enclosed a copy of the key pages of the sale agreement between Hillesden Securitie Ltd and Liverpool Victoria. Please note that we will not be able to supply a full copy of the agreement because the iformation contained within it is comercially sensitive, however, we would be happy to supply a full copy to a judge when requested in court.

                We can confirm that we have addressed all the points raised in your previous letters and no longer consider the account to be in dispute.

                Data Controller,
                Compliance Team.

                They have supplied copy of letter from DLC saying the account has been assigned to Hillesden Ltd and we will be reporting to your credit file in 30 days.
                Signed by a Duncan Pearce.

                A further photo copy from LV saying...we hereby give you notice the assignment of the debt due us. The assignment is effective from 20th Nov. 2009. It is entered into by LV Banking and Hillesden Securities Ltd. All future enquiries to Hillesden etc.
                Dated Nov 2nd 2010 (NOTE THE DATE) NOT Nov 2nd 2009. It looks doctored. however the copy is signed by Paul Reeks, Head of Collections LV Banking.

                The CCA has been requested since June (5 months now).
                The DN notice issued March 24th 2010, received 29th March 2010 (2nd class) Date of remedy being April 12th 2010.

                Unlawful Rescission letter sent Recorded 21st June 2010 accepting.

                You say that interest cannot be added whilst the CCA is not available, and they are adding some 21% a month whilst I can only pay £1. They have added almost over £100 in the last 4 months.

                Having had this letter I would be most grateful for your great advice friends and do thank you for taking the time this week to help me.
                wmr

                Comment


                • #9
                  Re: wmr

                  Originally posted by Curlyben View Post
                  Until Hillesden comply with your lawful request you have NOTHING further to say to them.

                  They CANNOT take any action until such time as they rectify the default under CCA s78, ie supply the aforementioned agreement.
                  If this is what he advised, I'd very strongly advise you to let him guide you on this one. He really is EXTREMELY good!

                  Have they complied with your lawful request yet? No.

                  So.... you have nothing more to say to them for the moment. Full stop.


                  They will keep sending you letters and threatening this or that to upset and worry you, but ignore them, file them away and just follow Curly's advice. I'd be very surprised if he got anything wrong!

                  Comment


                  • #10
                    Re: wmr

                    by wmr:
                    "8)Please find enclosed a copy of the key pages of the sale agreement between Hillesden Securitie Ltd and Liverpool Victoria. Please note that we will not be able to supply a full copy of the agreement because the iformation contained within it is comercially sensitive, however, we would be happy to supply a full copy to a judge when requested in court.

                    We can confirm that we have addressed all the points raised in your previous letters and no longer consider the account to be in dispute."


                    I believe, that this course of action may benefit the OP: wmr. If he/she so agrees.
                    Last edited by Amethyst; 7th November 2010, 11:04:AM.

                    Comment


                    • #11
                      Re: wmr v hillesden

                      Hello Folks and thanks for moving this for me.

                      Further to my last message yesteray. I have just looked up my Experian Record.

                      Interesting to note that it is..."Liverpool Victoria"who are still reporting on me, at least till September 2010, when Hillesden say they were going to report as they purchased this last November ?

                      The mystery deepens !

                      Comment


                      • #12
                        Re: wmr v hillesden

                        Clearly, Liverpool Victoria still owned the alleged debt up to September 2010!

                        There can only be one data controller re: the account, if L&V had sold the alleged debt, they would have ceased from processing the data and Hillesden Securities would would then become the new data controller.

                        I presume, that you have requested your credit files from all three CRA's
                        Equifax;
                        Experian and;
                        Callcredit?

                        In the these situations one needs to check ones credit file every 90 days!

                        Comment


                        • #13
                          Re: wmr v hillesden

                          Sounds like Hillesden are telling porkies! Have you ever seen the Notice of Assignment? What they are saying just does not hold true!

                          Comment

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