Hillesden/DLC/MBNA Help needed pleeease!

[bez1211]

Having a tad of trouble with Hillesden (bless 'em) so any help gratefully received. I have a delinquent MBNA/Virgin account which has been sold to them. I have not spoken to them by phone.

They sent me what would seem to be their assignment letter (not by registered post) to which I replied with a request for the CCA (by registered post) which they have ignored instead they sent me a letter outlining that they have established that I am a home owner and so now intend to get an attachment order.

I attach the letters from them and my response (which was cobbled together from a CAG post). I've probably done completely the wrong thing and any help with not making a further fudge of things would be a great help!!

Thanks in advance!

Bez

[Curlyben]

Re: Hillesden/DLC/MBNA Help needed pleeease!

In all honesty a simple Prove It goes a long way, before wading in with a CCA request. especially when there's one DCA collecting for another.

No matter your lawful request is in play and the normal rules apply.

[MandM]

Re: Hillesden/DLC/MBNA Help needed pleeease!

I had similar letters from these for an old Egg Card debt. Turned out that dlc/hillesden didn't actually own it. Make them prove it.

You can also check your own file with the CRAs, should show who owns it and MBNA should have dropped off.

M

[bez1211]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Thanks both!

MandM, I have established with the OC that Hillesden do own the debt, they say they sold it to them back in July haven't asked that question of Hillesden though but I suppose that's just academic now.

Curlyben, thanks for the interesting thread posts. I have rather jumped in with both size nines haven't I? This has had the effect of my just confusing myself. I am wondering if a way forward would be to send a SAR to the OC with a view to reclaiming charges thus putting the whole thing in dispute and buying me some time to get funds together as well as getting some charges refunded to reduce the debt? Or would the SAR now have to go to the DCA and would that stop them in their tracks?

Any ideas?


Cheers!


Bez.

[Curlyben]

Re: Hillesden/DLC/MBNA Help needed pleeease!

No matter, this is savable.

It doesn't actually matter what the OC have said as they have failed to comply with statute law when it comes to debt sales.

For now sit back and wait and see if DLC/Hillsdens can be bothered to write again.
As and when just throw a simple Prove It at them and see what happens.

[bez1211]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Thanks for that curlyben!

What worries me (and I suppose this is how the DCA want me react) is what if the next thing through my door from them is a summons??

Very worrying all this! Especially as these individuals seldom seem to play by even their own rules!

Cheers,


Bez

[Pinky69]

Re: Hillesden/DLC/MBNA Help needed pleeease!

They cannot take court action without a credit agreement and they probably won't have one, especially if it is MBNA. They will spout a lot of rubbish about what passes for an agreement and waste their money in the process. I have long experience of Tony Locke and he is a laugh a minute. They are easily seen off. If they follow true to form,they pass it from DLC to Hilleseden to MDB - all Hillesden in different guises - then they pass it for a solicitor's letter, then they finally give up. There is nothing about Hillesden for you to worry about.

[mahargrisch]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Hi I am in the middle of trying to get cca's myself and in the course of my research I found this

"The High Court has handed down His Honour Judge Flaux's Judgment in the case of Alan Kneale v Barclays Bank (trading as Barclaycard). The case concerned an appeal by Barclaycard against Judge Halbert's decision to grant an order for pre-action disclosure, compelling Barclaycard to provide an original or photocopy of Mr Kneale's signed credit agreement. Judge Flaux allowed the appeal, dismissing the application for pre-action disclosure and ordering that the Applicant pay Barclaycard's costs both at first instance and before him.
In the consumer credit sphere, this decision sends a firm message to those firms that are pursuing pre-action applications for copies of credit agreements. It will now only be possible to succeed in such an application by putting forward a positive case to suggest the executed agreement was non-compliant. Even then, the lender will usually be able to recover their costs and this decision removes any possibility of applicants recovering their costs unless there has been significant misconduct by the lender."


http://www.bailii.org/ew/cases/EWHC/Comm/2010/1900.html

I have had a quick hunt for the amount of costs awarded but no luck.I expect it comes to a bob or two.

I am sure long before you initated any action somebody here would have warned you.But using disclosure for a fishing excercise is going to be seriously costly.
Your letter(pdf 2) is using CPR to ask for a cca that might or might not exist,that you might or might not have signed and that might or might not have been properly executed and it seems that only a s78 request can do this.Everybody seems to get the same application/t&cS.
I have also sent Sars-some replies but still no true copies as the rest of the world understands that word.
m

[bez1211]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Thanks everyone!

Many thanks for the heads up mahargrish. I'll see how the CPR line goes. As of yet, no reply and I may have to go s78 route or full SAR for both DLC and MBNA.


Cheers!


Bez

[MandM]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Hi I am in the middle of trying to get cca's myself and in the course of my research I found this

"The High Court has handed down His Honour Judge Flaux's Judgment in the case of Alan Kneale v Barclays Bank (trading as Barclaycard). The case concerned an appeal by Barclaycard against Judge Halbert's decision to grant an order for pre-action disclosure, compelling Barclaycard to provide an original or photocopy of Mr Kneale's signed credit agreement. Judge Flaux allowed the appeal, dismissing the application for pre-action disclosure and ordering that the Applicant pay Barclaycard's costs both at first instance and before him.
In the consumer credit sphere, this decision sends a firm message to those firms that are pursuing pre-action applications for copies of credit agreements. It will now only be possible to succeed in such an application by putting forward a positive case to suggest the executed agreement was non-compliant. Even then, the lender will usually be able to recover their costs and this decision removes any possibility of applicants recovering their costs unless there has been significant misconduct by the lender."


http://www.bailii.org/ew/cases/EWHC/Comm/2010/1900.html

I have had a quick hunt for the amount of costs awarded but no luck.I expect it comes to a bob or two.

I am sure long before you initated any action somebody here would have warned you.But using disclosure for a fishing excercise is going to be seriously costly.
Your letter(pdf 2) is using CPR to ask for a cca that might or might not exist,that you might or might not have signed and that might or might not have been properly executed and it seems that only a s78 request can do this.Everybody seems to get the same application/t&cS.
I have also sent Sars-some replies but still no true copies as the rest of the world understands that word.
m

This, I believe, is to do with using CPR 31.16. I think pt2537 knows a bit (lot) about this >>> http://www.legalbeagles.info/forums/...0&postcount=24

It may help.

M

[bez1211]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Hi All!

Latest is attached so now a waiting game!


Bez

[bez1211]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Waiting game over.

Attached is the latest from DLC et. al. Any advice would be most welcome! They have not yet complied with my request for CA and don't seem to comply with themselves as above!



Cheers all!


Bez.

[Angry Cat]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Please remove the Datamatrix symbols from your letter!

[bez1211]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Please remove the Datamatrix symbols from your letter!

Done!

[bez1211]

Re: Hillesden/DLC/MBNA Help needed pleeease!

Does anyone have any tips on how to play this DLC thing please? Do I go for SAR or should I just leave it? Please see attached.


Bez