Hillesden DCA CCA request

[thewife666]

Re: Hillesden DCA CCA request

Thank you

Re: Hillesden DCA CCA request

If they can't prove there's a debt, they can't put a default on your file. At present they need to produce a proper default notice - if they haven't done this, then the default should be removed. Don't expect it to be an easy thing to achieve though, Credit Reference Agencies are pigs to deal with, and you may well end up having to complain to the ICO to get it removed.

[thewife666]

Re: Hillesden DCA CCA request

Im not to worried about chasing them for a refund I just dont want the default on my record.
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Just a quick question. Do I write to Hillseden and get them to remove the default or would I just be wasting my time chasing them?

[mr.ton]

Re: Hillesden DCA CCA request

If that were me i would do everything i could to obtain a refund of monies already paid!
It could be argued that monies were paid under duress/threats/intimidation etc....or they could argue that it was a gift - it would be a tricky area and no guarantee of success, but well worth a try at least! lol

Re: Hillesden DCA CCA request

I received a letter from Hillesden just before christmas saying that "Technically they are in breach of the Act as they are unable to provide a copy of the agreement I requested . However, although the agreement is unenforceable any monies they have collected have not been done so illegally."

Peter,

It seems to me they have admitted this in writing, thus, as I said, the OP does not have to pay. I also qualified it by stating that if an enforceable agreement is produced, then payment would have to recommence. However, as they've admitted in writing it is unenforceable, it's hard to see how it can suddenly magically change status.

[mr.ton]

Re: Hillesden DCA CCA request

If they have crayoned your credit file for a debt that they cannot prove that you owe then they will have libelled you & the compensation is £1000 per incorrect default i believe?

[thewife666]

Re: Hillesden DCA CCA request

Hi, Thanks for all the responses.
I did receive a letter from First Plus saying that they had passed the debt to Hillesden. To be honest it was just a couple of short sentences with half of the details missing. I'll go home dig that out tonight and give it a good read.

In response to the last post, I am still paying and they have already slapped a default on me. I have not receive a default notice. Do I write to them and ask them to remove it or wait for a while to see if anything comes through the post?
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Sorry, I take it that the OP is me. Im not that sharp

Re: Hillesden DCA CCA request

"Sorry but you are not “within you rights to stop paying”.The company can default you and take you to court for none payment"

It's the OP's money and up to them what they do with it.
Only a court can say what happens with that money.
As most DCA's don't like going anywhere near courts then the OP has nothing to worry about :tinysmile_grin_t:

Non-payment of what? An account they cannot prove exists?

As for the company defaulting him, I thought the OP said they'd already done that, so possibly a bit late for that comment.

[mr.ton]

Re: Hillesden DCA CCA request

"Sorry but you are not “within you rights to stop paying”.The company can default you and take you to court for none payment"

It's the OP's money and up to them what they do with it.
Only a court can say what happens with that money.
As most DCA's don't like going anywhere near courts then the OP has nothing to worry about :tinysmile_grin_t:

Re: Hillesden DCA CCA request

Hi
Sorry but you are not “within you rights to stop paying”.
The company can default you and take you to court for none payment.
If they then produce a signed document you will be liable for all the payments’ you have missed plus interest calculated on those missed payments plus default charges for missing those payments.
If the agreement is unenforceable or cannot be enforced you will not have to pay, but if they do show an enforceable cotract or the judge decides that there will have been one signed you will have to make up all the payments you miss.
It is a gamble
IPeter

Re: Hillesden DCA CCA request

As along as the debt has been assigned to them lawfully, yes they can - this is possibly why Pinky asked about a Notice of Assignment. You should also have received a Default Notice from them. Have you?

The fact they cannot supply an agreement and have actually put in writing that the agreement is unenforceable means you are within your rights to stop paying anything until such time as they do supply an agreement and it then becomes enforceable again.

Enforcement does not include writing to you and demanding payment, but if they make threats about legal action again, you should report them to the OFT as they should not threaten legal action if they cannot take this action. Without a copy of the agreement, even if they were the Original Creditor, they would be unable to enforce this in a Court of Law.

[mr.ton]

Re: Hillesden DCA CCA request

" we would like to bring your attention to the ruling in case of Mcguffick and RBS in relation to "what is considered enforcement" the judgement stated that the bringing of proceddings is not enforcement. It follows that demanding payment is a step taken prior to the commencment of proceedings and therefore not considered enforcement"

This bit is a load of mumbo jumbo gibberish designed to confuse you - simply means in plain English that they can demand payment before they take legal action (which they never do anyway)....at the same time it is also ok for you to tell them to go foxtrot oscar.

[mr.ton]

Re: Hillesden DCA CCA request

Whilst you are paying them they will say "thank you very much" & will worm their way around the situation so as you carry on paying them.
They have not provided an agreement so you are under no obligation to carry on paying them - so i would stop all payments immediately.
If they carry on harassing you then have them reported to all the relevant authorities.
If they have crayoned your credit file then have them reported for that to and claim compensation.
It matters not that you have paid money already, it can be argued that it was paid under pressure/intimidation/threats from them and you knew no better back then.

[thewife666]

Re: Hillesden DCA CCA request

Thank you for your help. Ive not logged on for a while as all has been quiet until recently.
I received a letter from Hillesden just before christmas saying that "Technically they are in breach of the Act as they are unable to provide a copy of the agreement I requested . However, although the agreement is unenforceable any monies they have collected have not been done so illegally."
Then basically they go on to say that because I have been paying them on a regular basis they are under the assumption that my liability is not in question.

Yesterday, I was checking my credit scoring with Experian and Hillesdon have recorded a default against me. Im not sure why. I am still paying tham and I dont have an agreement in place with them to default on. Can they do this??

Re: Hillesden DCA CCA request

Agree with Pinky - send the Prove It letter before anything as you have no idea they have the right to collect the debt.