Dlc and now doc and me 111 ltd!

[Tubby]

Hi im new to this forum so please bare with me,
Approximately in Jan 2015 I recieved a letter from DLC regarding a debt of £6000
It was a bit of a shock as I have no recollection of this.

I rang them,( I know I shouldn't of now),and asked what this was about,the gentleman said I need to confirm details my name and date of birth and my previous address which I did,I explained I had no rec of this and he said don't worry we are not sending bailiffs around but we need to set up a payment plain,I requested some info on this ie bank statements name of debt company etc etc he said the account was opened in 2005 and they took the debt over in 2012. And it was a mbna account which could be many credit cards, He would look to send this but in the mean time he needed me to send proof / copy of my signature.. conversation ended,

After looking into this company dlc i wrote a 3 letter system 30 days apart, recorded delivery from the site get out of debt free . Org, requesting certain paper work signed contract of agreement amongst others stated on letter,as I believe they need to prove to me I owe the debt,and due too my wife dealing with all the finances at the time and not me. And due to mental heath issues she can not remember and I need something to go on,

I have not ignored them but i have had no response from them untill 5th jan 2018 when i revieve another letter from dlc stating they have written to me and they have not heared from me!!,and now they have identified my account as being eligible for one of the following.
Monthly direct debit payment,
Or a one off payment of £1500.00 and we will write off the remaining amount of £4600.00
Call in 30 days from letter date to discuss.

But on right hand collum it gives dlc ref no,and says who you owe,me 111 ltd with a ref no.

Ive checked my clear score and hillsden security's have put account payment history up which are in my opinion made up as some of the spending and payment off the card do not relate to our life style and 2500 of a credit card in 1 month is just not possible with a family at tyhat tkkme as that's more than my monthly income.. and i have check payment made against my on line bank statment and theres nothing to tally up.

I need help as I don't know how to proceed with this, i dont I just want to pay the £1500 and have done with it even though it may not be my debt just to getvrid of them as this is putting severe stress on me and my wife etc many thanks

[andy1ad]

Re: Dlc and now doc and me 111 ltd!

Some quick points:
1. Ignore the 3 letters and GOODF advice/process. Its patent nonsense guarenteed to get you in bother. If dlc haven’t acknowledged it or have no record of it thats fortunate in my book. The 3 letters rubbish would be laughed out of any court as a defence if dlc submitted a court claim.

2. Try not speak verbally to any DCA. Do everything via written correspondence and record all postage.

3. It sounds to me as if your first port of call is a cca request. The more experienced posters will help but the responsibility is on the dca to prove they have legitimate ownership of debt. Theres a template on here you can use.

4. Have dlc issued a LBA

[Tubby]

Re: Dlc and now doc and me 111 ltd!

Hi and thank you for your reply not sure what a lba is,maybe letter before action!!! but whatever it is I have not received anything for 2 yrs apart from this recent letter requesting payment at a discounted rate.. and to make contact within 30 days !!.

Secondly I need to ask on my credit score it is flagged and the last so called payment missed was June 2011 and as I have had no can or county court judgements against me according to my credit score.and I have not acknowledged is the account no classed as statue barred as it now over the 6 yrs.

Should I send a statue barred letter with the cca.
As my wife wants to write a letter and send copy of the 3 letters we sent with the proof of sending and ask why they have not replied,or would you be against this,I need to know the correct way to deal with this and where to start as you have said..

[andy1ad]

Re: Dlc and now doc and me 111 ltd!

Hi and thank you for your reply not sure what a lba is,maybe letter before action!!! but whatever it is I have not received anything for 2 yrs apart from this recent letter requesting payment at a discounted rate.. and to make contact within 30 days !!.

Secondly I need to ask on my credit score it is flagged and the last so called payment missed was June 2011 and as I have had no can or county court judgements against me according to my credit score.and I have not acknowledged is the account no classed as statue barred as it now over the 6 yrs.

Should I send a statue barred letter with the cca.
As my wife wants to write a letter and send copy of the 3 letters we sent with the proof of sending and ask why they have not replied,or would you be against this,I need to know the correct way to deal with this and where to start as you have said..

Yes an LBA is a letter before action. Its important to establish what stage the debt collection agency (or its acting partners) are at in pursuing their claim against you.

If you are confident that the debt is statute barred I would at least send a SAR for the debt to understand the date of the cause of action. By the sounds of it, its is likely that the debt is statute barred but I'd be cautious of assuming that its from the date you missed your last payment - its more likely to be the stage at which you received a formal demand from the original creditor - the SAR should enable you to determine this.

I'm not sure if you have ever acknowledged that you have owned the debt and whether the contents in the 3 letters indicated you are but this is important as it effectively resets the clock. I'd bin off the 3 letters step completely. Its total rubbish and to be honest you don't want them to reply to that; they've probably not replied because they know you'd not have a leg to stand on in court if you used this as a defence and its likely the DCA is proceeding through the steps necessary before they can submit a claim..

Going forward I'd send a SAR request to DLC and then this should put you in a position to understand the level of confidence in asserting that the debt is statute barred.

[Diana M]

Re: Dlc and now doc and me 111 ltd!

I would not tell them the debt is Statute Barred unless you’re 110% certain it is because this could result in them immediately issuing a county court claim in order to beat the SB clock if it isn’t.

If a debt is on the brink of becoming SB the court is likely to tolerate the debt purchaser dispensing with Pre Action Protocol to send a Letter Before Claim (which replaced the old LBA on 1st October last year) so as to protect their legal/statutory position.

There are several factors which can impact on SB not just the last missed payment or the date of the Formal Demand letter (which is not applicable to credit cards).

In your first post you imply that you’re not sure what this debt relates to since it could be one of a number of credit cards (possibly MBNA) but could it have been a loan or an overdraft account?

Is this your debt or your wife’s debt?

I’m not sure how a SAR to dlc will help you at this stage. The SAR should be sent to the original creditor to get the full history of the account from inception. dlc won’t have that information.

Di

[Diana M]

Re: Dlc and now doc and me 111 ltd!

I need to ask on my credit score it is flagged and the last so called payment missed was June 2011 and as I have had no can or county court judgements against me according to my credit score.and I have not acknowledged is the account no classed as statue barred as it now over the 6 yrs.

Can you clarify if this debt is still showing on your CRA files. You say the last missed payment shows.

The whole file entry would be removed from your CRA file six years to the day after the default was registered by the creditor. If it’s currently on your file then that suggests it was defaulted less than six years ago.

Since the default date can be relevant to arguing the Statute Barred date that could indicate this debt is not SB.

Hopefully it is, but don’t count your chickens before they’re hatched and don’t write to dlc to say it is unless you have established the fact.

Di

[Tubby]

Re: Dlc and now doc and me 111 ltd!

Hi the so called debt is in my name only..as regards to it being statue barred I dont know if it is just what I've redup on the net,yes the hillsden account shows on my credit report in the accounts clossed section amongst other loans ive had, all them say 0 ballance but hillsden says acount balance £6000.

as to the last payment I'm only going by what hillsden and dlc have put on my credit score..they verbally told me the debt refers to a credit card opened in 2005 and they purchased debt in 2012.but I have no info or paper work at all.

But looking at the payments made and spending on my credit report I'm pretty sure it's not even my account.ive never spent on a credit card on a month to month basis and ive have not payed off 2500 in a single payment one month as my earings are not that much..and i have no trace of any payment from My bank to this credit card!!...and the numbers dont add up on the balance,it looks fictitious.

Also I don't know who the original debt is with no paper work statements etc only going by what dlc have said witch is very little,i don't believe its our debt im think it may be fraudulant..unless they can show otherwise witch I did request from them verbally and in the 3 letters requesting sea amongst other things as ived tried looking into my bank with no trace...

Another question I was told even if I accepted the offer of settlement ( im not aknowleding its my debt)and they say they will write off the remainder.this is not true and they sell the remainder debt onto another company and then the same process repeats it's self is this true?

[Diana M]

Re: Dlc and now doc and me 111 ltd!

but I have no info or paper work at all.

But looking at the payments made and spending on my credit report I'm pretty sure it's not even my account.

. . . . i don't believe its our debt im think it may be fraudulant..unless they can show otherwise

If you don't recognise the debt and think it may be fraudulent then maybe send them a 'Prove It' letter. There's an example on this website with advice on how to follow it up > https://debtcamel.co.uk/prove-it/

Di

[Tubby]

Re: Dlc and now doc and me 111 ltd!

Hi thank you only question with that it says if the debt is nearing 6 yrs not to send the prove it letter I'm confused to what to do don't want to make things worse..i don't believe its mine but due to my wifes personnel issues,there is always doubt in my mind that there is something im unaware of..

[warwick65]

Re: Dlc and now doc and me 111 ltd!

A couple of thoughts based on my experience with Hillsden and also MBNA.

Firstly the advice [MENTION=87380]Diana M[/MENTION] has given is spot on

Does your credit file say what the default date was, I know MBNA were in the habit of not registering defaults until just before they sold them, or at least that's what they did to me.

Is it possible the credit for £2500 was a balance transfer from another card? Just a thought.

[Tubby]

Re: Dlc and now doc and me 111 ltd!

Hi there is no default date and no name of original creditor just says hillsden who I believe is dlc..

As for the credit that's just one of many I carn trace the account had an opening balance of approx 1000 works it's way up to nearly 6000 then gets payment of 5000 th en balance ask I d the 500 mark then slowly back up to 6000 where it stops.

This is not from a statment but fro. A time line put on my credit score..just based on that I k ow that's not my spending

[Diana M]

Re: Dlc and now doc and me 111 ltd!

There seem to be so many unknowns which can't yet be relied upon.

From what you say you've received a letter with a discount offer not a Pre Action Protocol 'Letter Before Claim' with a reply form to complete.

If you send dlc a s 77-79 CCA Request and if they don't comply within the statutory time-frame then the debt becomes unenforceable in court until or unless they do comply.

This should protect your legal position in the event they do issue a court claim further down the line.

It can be difficult to argue a debt is Statute Barred at the same time as arguing it's not your debt (if you follow my logic).

Di

[Tubby]

Re: Dlc and now doc and me 111 ltd!

Cca letter sent will update soon many thanks for all your help speak soon..

[Diana M]

Re: Dlc and now doc and me 111 ltd!

Cca letter sent will update soon many thanks for all your help speak soon..

You’re welcome

Di

[Tubby]

Hi update and need advise as how to proceed or not to proceed next.
As above we sent the via letter and a 1 pound postal order within the letter,it stated inside to them to provide me with a written agreement and to provide any info they have regarding this claim for money owed with 12 days of receipt of the letter this was sent recorded delivery approx 4 weeks ago no response what so ever..do I need to follow this through with something else.