Hillesden DCA CCA request

[thewife666]

Hi , Im a new boy to the forum and am looking for some advice but before I start i'd just like to add I fully accept responsibility for for stupidity in getting myself into this mess.
A few years ago in got myself into a bit of a financial mess.I was over committed, everything was getting paid but i was struggling. I contacted a Debt management company and hid behing them. Big mistake. Eventually i took my head out of the sand a dealt with the problem head on.
I contacted all my debtors ,told them i was struggling but made offers to pay.I seemed to pick up a few extra debts on the way with DCA's jumping on the band wagon but started to make head way.
I contacted First plus , explained my situation and offered them £100. i got no response. Wrote to them and called them several times, nothing ! Out of the blue they wrote to me telling me I had to pay them £400 a month. If only I could afford that. I originally took a 10k loan with them and was paying 200 per month. Unfortunately I have no idea how much the DMC were paying them so I was unsure what was still owed.
I wrote back to them explained that i couldn't afford 400 but was willing to pay something. Once again no response. I chased again and again and got the standard "your file is with an other department" response.
2 years down the line i reveived threatening letters about court action from Hillesden.Apparently they had bought this debt. I offered them £100 a month because i cannot have a CCJ against me. I also asked them to supply me a copy of the CCA, I didn't go through the proper channels, but just asked for a copy. I was happy to pay my debt by just wanted to know who these people were. They could have ben anyone for all I knew .
Recently they have been on my case to pay them more. They demnded £600 lump sum and £280 per month. Im being very complient and told them I'd be happy to increase payments as soon as i get the CCA agreement. This time I used the 12+2 approach and attached my £1.
Today i received a response and im not quite sure what it means. This is what they wrote -

"We are still waiting for a copy of the CCa and will forward it to you.
If we are unable to forward the original copy we will surply you with the original we will supply a true copy which will comply with section 77-79."
Then this bit-
" 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.

What does that mean ??

Im in a much better place financially now after 5 years hard slog. Im more than willing to increase my payments a clear this debt, but i need to know who they are. They've probably bough this debt for pennies and i will not be bullied into paying 13K they say i owe them.

sorry for rambling but thanks in advance.

[jax50]

Re: Hillesden DCA CCA request

Am reading this with interest because I have just sent my 1st letter to DLC, the trading arm of Hillesden Securities..I am expecting similar treatment from them I guess so I'll keep popping in to see how you're going, and what the advice is...If Hillesden can not prove to me that I owe them what they are asking, I'll be stopping my payments and telling them to take me to court..

[ODC]

Re: Hillesden DCA CCA request

They haven't complied with your CCA
request therefore they haven't proved any agreement actually exists. Until they do then the debt is only an alleged debt which you should now place in dispute

[thewife666]

Re: Hillesden DCA CCA request

Thanks for the response. Can I please confirm OCD,your last sentence, does that read "can legally stop paying them."
Thank you

[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

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.

[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.

[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

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.

[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!!

[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!!!!!

[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.

[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:

[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.

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
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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
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HI Labman

Any idea what he is on about?

Peter