Hillesden DCA CCA request

[Pinky69]

Re: Hillesden DCA CCA request

Hillesden send out a lot of stuff to put you under pressure. The secret to negotiation is to keep it simple. You have asked for a copy of the CCA - you needn't do anything else until they send you one and ignore the rest of the bumph they send out. All this about McGuffick is just to confuse you and make them think they have the upperhand. I have had several dealings with them and they are none to clever - I never paid them a penny and there is nothing they can do about it. They had a lost last year of £3million following on from other loses so they are pretty desperate. Hillesden has no power over you whatsoever - you decide what will be paid, not them. As for your credit rating, First Plus don't seem to have made an entry so it's a question of wait and see. If Hillesden wanted to make an entry they would have to speak to the original creditor before they did so - responsibility for it must be agreed between them. Watch for Hillesden passing the debt round from Hillesden to DLC to MDB - they are all Hillesden and again it is to try and put pressure on you. Another trick they have is to get another DCA to try to collect it for them, the point of which is lost on me. If that happens keep an eye on your credit records. Another DCA acting for Hillesden cannot make searches on Hillesden's behalf as the other DCA is not the data controller for the debt. If that happens, that's a complaint to the ICO and Hillesden will get censured for it - they do it all the time.

Did you receive a Notice of Assignment from First Plus to say they had sold the debt to Hillesden? If not, you have no proof that Hillesden has any legal right to collect the debt and don't pay them a penny until you have one. Hillesden will make one up and send it to you. Check all the details on it carefully.

[thewife666]

Re: Hillesden DCA CCA request

Thanks for your help. To be honest Im unsure as to what I should or shouldn't be doing. Im trying to play ball with these people by responding to their every letter and call but they are hard work, constantly demanding more, asking loads of questions that have nothing to do with them like how much does your wife earn,do you get a bonus. They haven't called me since the 12+2 so as im still paying them hopefully they've backed off a little.
Just another question if i may. this doesn't show on my credit scoring. I checked on experian and there's nothing on there. is it lurking in the back ground somewhere?
Whats my next move?

Thanks

Re: Hillesden DCA CCA request

They are right about the meaning of enforcement in that they can continue to ask for the money and this is not counted as enforcement.

They can also fulfil your request by sending you a reconstituted agreement which means they've complied with your request, but they will not go to court without a true copy of the original agreement (or are very unlikely to - it has been known).

If they have not responded to the original CCA request I'd be inclined to send them this (with thanks to PriorityOne):

Dear Sir/Madam,

Your Ref: xxxxxxx

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,


You will then know exactly where you stand with regards to this. If they don't have a true copy of the original agreement you are obviously in a much stronger position to withold payments on this basis. However, if you acknowledge there is a debt to pay, it still puts you in a strong position to repay it on your terms.

Whatever the position, if they demand more money than you are comfortable paying, you should post back up as there are other avenues that could be explored.