Hillesden DCA CCA request

[thewife666]

Re: Hillesden DCA CCA request

Wow, thanks for the input gents. It might take a while for me to translate and digest all that information so please bear with me.

I rechecked the details n Experian last night. I've had no previous scoring from Hillseden on my reports but recently they marked my record with a status of "default" and 8 which reads "
[FONT='Verdana','sans-serif']The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended."[/FONT]
[FONT='Verdana','sans-serif']However, the default date was showing as 30/04/08 but it has been updated with an update 04/12/2011.[/FONT]
[FONT='Verdana','sans-serif']I also checked for the notice of assigment. I did receive a letter from Firstplus saying Hillesden now own and manage this account and a letter from Hillesden saying hello, we now own you. But, it wasn't titled "letter of assignment". I imaging thats what it is though.[/FONT]
[FONT='Verdana','sans-serif']Just to make one thing clear. I still pay Hillesden and have no intention avoiding anything. I am not looking for reclaims or compensation. I just dont want to be ripped off, pressurised into making payments I cannot afford or constantly hassled and threatend. Its taken me a good few years to grow a pair and get my finances in order so I dont want these herberts tarring my progress.[/FONT]
[FONT='Verdana','sans-serif']I appreciate all your input. Thank you [/FONT]

[Guest]

Re: Hillesden DCA CCA request

Oh am very familier with it peter, you just have no idea just how familiar am with it, which just happens to be the problem. By the way guidelines are not detailed specific information on how and when a default can be issued to file, there is more to whats stated in the ICO guidance notes (which is all they really are) then what is actually included in them. But then guidance notes are not ment to be detailed specific codes of practice that such guidance notes are based upon. The guidance notes are their to help companies interpretate the code of practice issued by the relevant body (in this case ICO) or relevant legislation and to help the public, whom likely do not have access to the code of practice issued to companies by said body, or access to relevant legislation, to understand what their BASIC rights are. Hence why its not detailed and only goes into the BASICS and why they are called Guidance Notes.

Treating such notes as being LAW would be foolish and a dangerous path to follow Peter when your advising people on their rights. As clearly your advising that creditors can issue a default to file willy nilly, which simply is not the case at all.

You seem to be forgetting one KEY point. The right to issue a default on to a debtors file is a PROVISION in the terms and conditions of the credit agreement and such provision can only be enforce upon the debtors breach of another PROVISION of the agreement, in this failing to make payments.

As for what you put in Post 29 - well as you said "This time framework only relates to filing defaults" It doesn't relate to regulations and legalisation that must be complied with prior to filing defaults, it is simply based on filing defaults when the creditor is legally entitled to issue a default to file. If they are not entitled to issue the default to file then what you put in post 29 does not apply as they must still have compiled with section 87 (1) and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 first, before they can start issuing a default to file.

Now for the sake of not ruining this thread i have no intention of continuing this rather pointless arguement that is of absolutely no benefit to the OP. So i suggest you refrain from responding to my post to prevent this arguement ruining the thread. This is the second time i have requesed we end the argument now

I should have realised from past experiances that you are incapable of processing actual information in a rational manner.

This is not a complex idea, simply.

A notice provided by the creditor to the credit reference agency recording their payment history has nothing to do with a notice provided to the debtor which tells them they are going to take them to court.

Now everyone else seems to understand this, i am not reading your pages of gibberish, please just explain simply what it is that you do not understand.

Make one point at a time so that i can correct them in some kind of order.

Pete

[labman]

Re: Hillesden DCA CCA request

This is what the ICO says:


9
A ¡¥default¡¦ can be said to occur as soon as a borrower fails to meet the terms of their credit arrangement. However, adopting this definition for credit referencing purposes would create difficulties since it is accepted that not all these defaults should be reported, for example, where weekly payments are late but are quickly remedied.
The term ¡¥default¡¦, when recorded on a credit reference file should be used to refer to a situation when ¡§the lender in a standard business relationship with the individual decides the relationship has broken down¡¨2.
Where there is an unresolved dispute about whether a default exists, lenders should refer to paragraphs 42 -45.
10 Indicators of a default
The following indicate that a breakdown has occurred in most types of product (excluding those in the section on Exceptions at paragraphs 12-15). This list is not necessarily exhaustive.
„X The account has been referred to a collection agency or in-house debt collection department.
„X
The account has been referred for legal action.
„X
The account has been included in a bankruptcy, IVA, or similar.
„X The asset financed has been repossessed or instructions for repossession have been given.
„X
The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).
„X
The customer has not made satisfactory proposals in response to a demand for repayment.
2 Definition of ¡¥Default Data¡¦ from ¡¥Information Sharing ¡V Principles of Reciprocity¡¦ available from credit reference agencies or at http://www.experian.co.uk/corporate/...ing/index/html
Version 3 Defaults: A guidance note
02.08. 2007
5
„X
The customer has given a clear indication, for example, by handing back an asset, that they do not intend to meet their contractual obligations.
„X
The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

[teaboy2]

Re: Hillesden DCA CCA request

I should have realised from past experiances that you are incapable of processing actual information in a rational manner.

Oh i see, you can not win the argument so revert to personal insults, i suggets you put your ego in check peter, it doesn't win you any friends nor does it win you your argument or the past arguments too. Oh and such insults coming from the very same guy that claims the sales of goods act does not apply to private sales, when it clearly does apply to private sales.

This is not a complex idea, simply. Your right my idea based on my opinion and interpretation is not complex for the those that are able to read between the words in guidance notes and legislation. Clearly it was too complex for yourself to process.

A notice provided by the creditor to the credit reference agency recording their payment history has nothing to do with a notice provided to the debtor which tells them they are going to take them to court. Ohh so now your trying to make it out that i said a noticed provided by the creditor to the credit reference agency recording a debtors payment history has nothing to do with the notice of intent/default notice provided to the debtor which tells the debtor the creditor is taking them to court - Well i never said anything of the sort, not only that but such notice to the debtor does not tell them they are taking them to court either, not in a notice of intent to issue default or in a default notice, which merely mentions they MAY take legal action if your lucky.

Also notice to the credit agency recording their payment history is not a notice at all, they simply report the payment history and therefore it is merely a update report of account payment histroy, no notice is required to be sent for such recording of payment history. Anway Payment history is irrelevant, as i said before in one of my previous post. As a missed payment (defaulted payment) does not on its own put the overall account status into default. You can have upto 6 missed (defaulted) payments before the account status is changed to default status (which is when Creditor issues default on file), and regulated agreements require the creditor to follow legislation and regulations and issue a valid Default Notice before they are entitled to enact the provision of the credit agreement that entitles them to issue such default status of the account on a debtors credit file.

Now everyone else seems to understand this, i am not reading your pages of gibberish, please just explain simply what it is that you do not understand.

Funny i see no oneelse posting in support of your argument that is based on ICO Guidance notes and completely ignores the legislation and regulations, not to mention the ignores the part of the guidance notes which makes it clear lenders MUST comply with code of practice governing the issuing of Defaults and Default notices. Codes of practice are based on legislation and regulations.

Make one point at a time so that i can correct them in some kind of order.

How about you drop the pathetic ego and stupid believe that your right and everyone else that disgrees with you is wrong attitude that you present everytime someone disagree with your opinion or interpretation.

Pete

Ohh i get it you just couldn't resist getting the last word in could you peter - Perhaps i lured you into a false sense of security when i said i had no intention on carrying on this arguement leaving you free to assume you could have the last word. Well sorry, but if you answer me back i will bloody answer you back especially when all you can do is mock me and my level of intelligence. But lets be clear here. I have now twice requested we stop this stupid argument as both sides arguments are based on nothing more than techincal arguements that have not even been tested in court and because our argument does nothing to help the OP. Each time you choose to ignore the fact that continuing the argument would harm the thread and not help the OP, and choose the reply simply to satisfy your own pathetic ego. So let it be known to all, that you instigated the argument by choosing to start arguing with me purely because i disagreed with your opinion, you are also the one that refuses to drop the argument too.

Not only that the argument about defaults on credit files is not relevant to the thread to start with which made your first post about it irrelevent too.

Its also worth noting that it was your attempts to correct another member whom happened to be one of the countries most foremost solicitors that specialised in consumer credit agreements. Youir attempts to correct them in the very field they specialised is what led to the site losing one of the country's foremost solicitors in such field. So who was right peter you or the one of the countrys foremost solicitors in the field. Your ego clearly has no boundarys does it.

Hell even Labman put you in your place yesterday over credit unions and DMP. Would you care for me to elaborate on that for the whole forum to see. Its time you accepted that you are not more knowledgable then the first of us, that your opinion is not always right and that you should stop being an egotistical prick.

If what i say above offends you then am sorry, but tough, get of your high horse and live with it.

[Guest]

Re: Hillesden DCA CCA request

HI
Yes it of course it does not say the ICO definition of default is when a dn notice is sent under the CCA1974.

Generally as far s the ICO is concerned it is just when the creditor reasonably considers that the agreement has broken down, there are as you see in the text general guidlines as to when this should be, but ther is a fair amount of leeway given to the creditor which may or may not be a good thing.

The confusion arises becouse it is usual practice for creditors to send out the notice of default on the same document as the default notice under section 87.

It is true that in this situation, if the section 87 is remedied then the notice of default on the file will also not take place.
The cra will still record any missed payments that occured leading up to the default.

It follows that there is nothing stoping the creditor from sending a notice saying that a default will be registered after missed payments without having to threaten court action with a section 87 dn.

This has to be true of course because many agreements are not covered by the CCA and would not require a section 87 notice yet they would still require the notice a per the ICO before a notice is placed on the credit file.

Peter
------------------------------- merged -------------------------------

Ohh i get it you just couldn't resist getting the last word in could you peter - Perhaps i lured you into a false sense of security when i said i had no intention on carrying on this arguement leaving you free to assume you could have the last word. Well sorry, but if you answer me back i will bloody answer you back especially when all you can do is mock me and my level of intelligence. But lets be clear here. I have now twice requested we stop this stupid argument as both sides arguments are based on nothing more than techincal arguements that have not even been tested in court and because our argument does nothing to help the OP. Each time you choose to ignore the fact that continuing the argument would harm the thread and not help the OP, and choose the reply simply to satisfy your own pathetic ego. So let it be known to all, that you instigated the argument by choosing to start arguing with me purely because i disagreed with your opinion, you are also the one that refuses to drop the argument too.

Not only that the argument about defaults on credit files is not relevant to the thread to start with which made your first post about it irrelevent too.

Its also worth noting that it was your attempts to correct another member whom happened to be one of the countries most foremost solicitors that specialised in consumer credit agreements. Youir attempts to correct them in the very field they specialised is what led to the site losing one of the country's foremost solicitors in such field. So who was right peter you or the one of the countrys foremost solicitors in the field. Your ego clearly has no boundarys does it.

Hell even Labman put you in your place yesterday over credit unions and DMP. Would you care for me to elaborate on that for the whole forum to see. Its time you accepted that you are not more knowledgable then the first of us, that your opinion is not always right and that you should stop being an egotistical prick.

If what i say above offends you then am sorry, but tough, get of your high horse and live with it.

Sorry what was the question

Peter
------------------------------- merged -------------------------------
HI Labman

Any idea what he is on about?

Peter

[thewife666]

Re: Hillesden DCA CCA request

Gents, Once again thanks for the input but the "point of view ping pong" is begining to cloud things slightly.

[Celestine]

Re: Hillesden DCA CCA request

All posts after this polite request from thewife666 have been moved to the Lamp Post to stop the blatant and unhelpful hijack of the OP's thread.

Legal Beagles Consumer Forum


Thanks :beagle:

[tombackham]

Re: Hillesden DCA CCA request

Asset protection strategies, Offshore companies, Real estate asset protection.

Our belief is that through pure capitalism, the world prospers. We provide methods that allow our clients to maximize wealth and minimize risk. Entrepreneurs and investors are the drivers of the world economy. Wealth creation and preservation is the only way to truly improve the world in which we live.

[ODC]

Re: Hillesden DCA CCA request

Asset protection strategies, Offshore companies, Real estate asset protection.

Our belief is that through pure capitalism, the world prospers. We provide methods that allow our clients to maximize wealth and minimize risk. Entrepreneurs and investors are the drivers of the world economy. Wealth creation and preservation is the only way to truly improve the world in which we live.

WTF!!!!!

[teaboy2]

Re: Hillesden DCA CCA request

"Entrepreneurs and investors are the drivers of the world economy"

Really Tombackham (the spammer) then please explain how they (investors e.g. banks) caused the whole global economic meltdown that we are all having to suffer for as a result! Now **** off!!

[thewife666]

Re: Hillesden DCA CCA request

Hi All
Its been a while.
After months and months of hassle , i'm STILL waiting for Hillesden to provide me with a copy of the CCA agreement . Yesterday I received 11 statements through the post from Firstplus dating back to 2005. The first one had a years payments recorded on it and the next 10 have zero's and what Im supposed to owe them. Whats my next step, Hillesden call me reqularly and demand I increase my payments but all Im asking is to see the CCA . Is this their attempt to say "look, we've got your statements?" Is this another scare tactic?
Appreciate your help.

[ODC]

Re: Hillesden DCA CCA request

What they have sent is meaningless. If you haven't stopped paying them you must do so now

[thewife666]

Re: Hillesden DCA CCA request

Thanks for your help, but it does prove that I was paying this loan, not to them mind. Im just try to prempt what Hillesden's next move will be. Im just waiting for the phone to start ringing again.

[alsagerman]

Re: Hillesden DCA CCA request

Hi Thewife666

Change your number and inform Hillesden ALL communications must be in writing. This is to provide a paper trail of evidence should you need it. They cannot harass you with persistant phone calls. Update yourself with OFT guidance on debt collection and remind them of their obligations. Oh yes, and stop paying them until such time as they can be bothered to adhere to your request.

[ODC]

Re: Hillesden DCA CCA request

It might prove that the loan was being paid but it does not prove that there was a consumer credit agreement complete with signature. Until this is produced the debt is in dispute and you can legally start paying hem