DCA and proof of assignment

[shimeld]

Hello all.

A DCA called DLC (Hillesden) some time ago claimed to have purchased a debt of mine from Black Horse and the communications between me and them have been going on for a while.

To date when I have asked for proof of ownership or documents to prove assignment they have fobbed me off with with very flimsy copies of supposed deeds of assignment which look like blank document except for a few references to my account and dating back to about 18 months before the account was allegedly moved from BH to DLC.

When I challenged them about this anomaly they stated in writing that they have a blanket agreement to buy debts in bulk and so my specific details would not be shown. Is this a legitimate response or is it Bull.....?

I can't remember if the alleged assignment is absolute or not and there is no reference to the debt on my credit file. Not even to BH

Cheers

[FlamingParrot]

Re: DCA and proof of assignment

A DCA called DLC (Hillesden) some time ago claimed to have purchased a debt of mine from Black Horse and the communications between me and them have been going on for a while.

To date when I have asked for proof of ownership or documents to prove assignment they have fobbed me off with with very flimsy copies of supposed deeds of assignment which look like blank document except for a few references to my account and dating back to about 18 months before the account was allegedly moved from BH to DLC.

When I challenged them about this anomaly they stated in writing that they have a blanket agreement to buy debts in bulk and so my specific details would not be shown. Is this a legitimate response or is it Bull.....?

Debt purchasers do buy debts in bulk and the details regarding how much the paid for them, etc. are regarded as commercially sensitive information between two parties that doesn't involve the debtor, so they are not usually supplied.

What you should have received is a notice of assignment stating the debt has been sold to them.

I can't remember if the alleged assignment is absolute or not and there is no reference to the debt on my credit file. Not even to BH

How long ago did you default on the loan? If you defaulted over 6 years ago, the default would have dropped off your file. :thumb:

Have you made any payments either to BH or Hillesden, in the past 6 years? Or made any offers of repayment in writing?

[shimeld]

Re: DCA and proof of assignment

Debt purchasers do buy debts in bulk and the details regarding how much the paid for them, etc. are regarded as commercially sensitive information between two parties that doesn't involve the debtor, so they are not usually supplied.

What you should have received is a notice of assignment stating the debt has been sold to them.

How long ago did you default on the loan? If you defaulted over 6 years ago, the default would have dropped off your file. :thumb:

Have you made any payments either to BH or Hillesden, in the past 6 years? Or made any offers of repayment in writing?

Debt purchasers do buy debts in bulk and the details regarding how much the paid for them, etc. are regarded as commercially sensitive information between two parties that doesn't involve the debtor, so they are not usually supplied.

What you should have received is a notice of assignment stating the debt has been sold to them. A: I never got this from BH though DLC at the outset did send me a letter with red ink all over it ststing that they had bought the debt and could secure it against my house (which of course is untrue without a court order).

How long ago did you default on the loan? If you defaulted over 6 years ago, the default would have dropped off your file. A: Defaulted a few times during the agreement and at the end when allegedly it was sold to DLC. The last default was 4 years ago. Also the loan expired 4 years ago at the end of it’s natural term according to the CCA.

Have you made any payments either to BH or Hillesden, in the past 6 years? Or made any offers of repayment in writing? A: Reduced payments were made to BH 4 years ago shortly after the end of the loan agreement term then stopped which is why they sold the debt. There was an outstanding balance of around £4k left due to the fact that 7 years ago we were out of work and set up a payment plan with all of our creditors and we resumed normal payments when employed again. Since then no offer of repayment has been made to either BH or DLC. In fact I have always refuted that DLC own the debt since they have not given sufficient proof. They also refuse to give me any evidence they would rely on in court if it got that far.

Thanks again for your help. This forum is the best I have come across for common sense responses.

Cheers

[FlamingParrot]

Re: DCA and proof of assignment

A: I never got this from BH though DLC at the outset did send me a letter with red ink all over it ststing that they had bought the debt and could secure it against my house (which of course is untrue without a court order).

Indeed it is untrue, they'd have to obtain a CCJ first, although once they've got one, it's rather straightforward to get a charging order (or restriction in the case of jointly owned property) to secure the debt.

A: Defaulted a few times during the agreement and at the end when allegedly it was sold to DLC. The last default was 4 years ago. Also the loan expired 4 years ago at the end of it’s natural term according to the CCA.

Only the first default should have been recorded on your credit file, which is probably why it's already dropped off. :thumb:

A: Reduced payments were made to BH 4 years ago shortly after the end of the loan agreement term then stopped which is why they sold the debt. There was an outstanding balance of around £4k left due to the fact that 7 years ago we were out of work and set up a payment plan with all of our creditors and we resumed normal payments when employed again. Since then no offer of repayment has been made to either BH or DLC. In fact I have always refuted that DLC own the debt since they have not given sufficient proof. They also refuse to give me any evidence they would rely on in court if it got that far.

In that case, you only have 2 more years to go before it becomes SBd. :clock: :clock: :clock:

If they are not bothering you, I'd just let them snooze away as long as you can.

Thanks again for your help. This forum is the best I have come across for common sense responses.

That's because there are some REAL Legal Beagles :beagle2222::beagle2222:behind this forum, one of them is one of the site owners who works for Howlett Clarke Solicitors along with PT2537 :yo: :yo:

[shimeld]

Re: DCA and proof of assignment

Indeed it is untrue, they'd have to obtain a CCJ first, although once they've got one, it's rather straightforward to get a charging order (or restriction in the case of jointly owned property) to secure the debt.

Only the first default should have been recorded on your credit file, which is probably why it's already dropped off. :thumb:

In that case, you only have 2 more years to go before it becomes SBd. :clock: :clock: :clock:

If they are not bothering you, I'd just let them snooze away as long as you can.

That's because there are some REAL Legal Beagles :beagle2222::beagle2222:behind this forum, one of them is one of the site owners who works for Howlett Clarke Solicitors along with PT2537 :yo: :yo:

Thanks again Flaming Parrot.

Anyway DLC keep sending me statements of account every now and then which they claim they have to do by law. Sounds another load of tosh to me. besides earlier in the year they sent me a nagging letter to which I responded stating that I'm trying to reclaim PPI and Chrges back from BH which would would more than cover the original debt anyway if I was successful. I explained that since the matter is now with FOS there could be a considerable delay in the case being adjudicated on and I would not be communicating with them any further.

As it happens I am now in the throws of commencing action against teh PPI underwriters directly at court since it will take a long time through FOS.

I took some legal advice for my legal help line through my home insurance regarding DLC and they advised me that my dealings with FOS in the matter of BH and PPI where my own privet business and nothing to do with anyone else and as such inform DLC that I would not be dealing with them any further.

This is how it currently stands.

Cheers

[pt2537]

Re: DCA and proof of assignment

Hello all.

A DCA called DLC (Hillesden) some time ago claimed to have purchased a debt of mine from Black Horse and the communications between me and them have been going on for a while.

To date when I have asked for proof of ownership or documents to prove assignment they have fobbed me off with with very flimsy copies of supposed deeds of assignment which look like blank document except for a few references to my account and dating back to about 18 months before the account was allegedly moved from BH to DLC.

When I challenged them about this anomaly they stated in writing that they have a blanket agreement to buy debts in bulk and so my specific details would not be shown. Is this a legitimate response or is it Bull.....?

I can't remember if the alleged assignment is absolute or not and there is no reference to the debt on my credit file. Not even to BH

Cheers

Ok was this originally a Blackhorse account?

Or was it another lender? say Capital Bank who assigned their debt book to Blackhorse

[shimeld]

Re: DCA and proof of assignment

Ok was this originally a Blackhorse account?

Or was it another lender? say Capital Bank who assigned their debt book to Blackhorse

It was a Black Horse account