Urgent help needed DLC/Hilesden Notice of Non Payment

[shimeld]

Hi All.

I have just received a notice of non-payment from DLC regarding non-payment in a new format to the original claim, giving me seven days to respond to them with the threat of non-compliance resulting in legal action etc. I have posted threads before on this case and unfortunately it's still on going.

They originally wrote informing me that they had bought the debt from Black Horse but they never provided proof, stating that they would offer proof if it went to court.

At the time of alleged sale I was in dispute with Black Horse trying to reclaim PPI which would have nullified the balance outstanding had I have won my claim at that time. Instead DLC claimed to have bought it. The amount charged for PPI on the original loan made up the bulk of the alleged debt, not to mention interest at 8 percent p/a.

About three months ago BH settled my claim for the PPI on this and two other historical accounts which to my way of thinking nullifies any claim that DLC have, (since on the basis of the pay-out being an admission that the debt should not have existed at the time of the alleged sale of the debt to DLC).

Since the PPI settlement in March BH have not sent me any letters stating that they are now the new owners of the debt and that they have passed it on the DLC for collection.

Up until the last communication from DLC they always claimed that they owned the debt which they purchased from Black Horse Ltd. This latest letter states that we owe Black Horse not DLC so why the change? I intend to find out but I need some help on approaching this in the correct manner.

I presume that they should clarify who exactly owns the alleged debt.

Also should I inform them of the PPI settlement, (ergo nullifying their claim)? My legal protection team from my insurance company advised me to disregard any letters from them stating that if they can’t prove ownership then it's none of their business and to invite them to take action if they think they have a strong case.

I hope this all makes sense because I'm so enraged that I'm hurriedly typing this out.

Thanks in anticipation.

[Debt Camel]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

About three months ago BH settled my claim for the PPI on this and two other historical accounts which to my way of thinking nullifies any claim that DLC have, (since on the basis of the pay-out being an admission that the debt should not have existed at the time of the alleged sale of the debt to DLC).

No it doesn't nullify any claim relating to that debt. You have been sent a cheque for compensation. If you choose, you can use this to pay off this debt but you don't have to.

If you were sent a cheque AND the debt was wiped out, you would be effectively being given twice as much compensation.

Since the PPI settlement in March BH have not sent me any letters stating that they are now the new owners of the debt and that they have passed it on the DLC for collection.

Up until the last communication from DLC they always claimed that they owned the debt which they purchased from Black Horse Ltd. This latest letter states that we owe Black Horse not DLC so why the change? I intend to find out but I need some help on approaching this in the correct manner.

What does your credit record say? That often casts light on this sort of situation.

If it doesn't help, I suggest you phone Black Horse and ask who owns the debt - and ask them to send you written confirmation.

[FlamingParrot]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Hi All.

I have just received a notice of non-payment from DLC regarding non-payment in a new format to the original claim, giving me seven days to respond to them with the threat of non-compliance resulting in legal action etc. I have posted threads before on this case and unfortunately it's still on going.

Is there any chance you could post up the letter you received (remove personal details)? :typing:

They originally wrote informing me that they had bought the debt from Black Horse but they never provided proof, stating that they would offer proof if it went to court.

That would go against the pre-action conduct, which is why it would be good to see the letter - it could be a threat-o-gram or a proper letter of claim. :typing:

If it's a letter of claim you'll need to respond appropriately.

[shimeld]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Thanks to all who have replied so far.

I have been in touch with BH who advise me that they not the owners of the alledged debt and they sold it to Hillesden Securities therefore the notice of non payment has incorrect details on it which I believe is un-enforceable.

I have wrote to DLC this morning asking them to clarify the situation and await their response.

Will scan the document tonight and post it up.

Thanks Debt Camel for your response however I was advised that because the PPI on the account was equal to or greater than the actual loan amount had the PPI not been applied to it then the debt would not exist, ergo had been sold to DLC in error and as such I have no liability to DLC.

Many thanks

[jon1965]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Shimeld
I can only imagine where you were given that info . I assume you were given a cheque for the PPI. If so this could have been used to pay off the debt or you could have made an offer so that the debt was paid off and you still had some money.

Most cases of unenforceability can be fixed if the creditor gets their act together unless the account was opened pre Apr 2007 . When was the account opened and have you ever sent a CCA request for it

[nemesis45]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Thanks to all who have replied so far.

I have been in touch with BH who advise me that they not the owners of the alledged debt and they sold it to Hillesden Securities therefore the notice of non payment has incorrect details on it which I believe is un-enforceable.

I have wrote to DLC this morning asking them to clarify the situation and await their response.

Will scan the document tonight and post it up.

Thanks Debt Camel for your response however I was advised that because the PPI on the account was equal to or greater than the actual loan amount had the PPI not been applied to it then the debt would not exist, ergo had been sold to DLC in error and as such I have no liability to DLC.

Many thanks

Hi, there seems to be some confusion here DLC is a " trading style" of Hillesden Securities i.e. they are one and the same company!!

Did you receive the PPI repayment " in to your hands" either by cheque or bank automated credit?

This refund a does not affect the underlying debt unless all or part of it was paid to Hillesden directly or via DLC.

Your assumption that the PPI refund nullifies the underlying debt is of no merit.

I also suspect that one of the early letters you may have received in relation to this debt was a Notice of Assignment from either the original creditor and/or Hillesden.

nem

[shimeld]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Hi Jon1995.

The original loan was taken out pre 2007 and aledgedly sold on to DLC December 20011.

[jon1965]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Have you ever sent a CCA request to DLC

[shimeld]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Hi, there seems to be some confusion here DLC is a " trading style" of Hillesden Securities i.e. they are one and the same company!!

Yes I know that.

Did you receive the PPI repayment " in to your hands" either by cheque or bank automated credit?

Cheque was paid to me.

This refund a does not affect the underlying debt unless all or part of it was paid to Hillesden directly or via DLC.

Your assumption that the PPI refund nullifies the underlying debt is of no merit.

Not my assumption. Legal advisor from legal protection insurance advised this.

I also suspect that one of the early letters you may have received in relation to this debt was a Notice of Assignment from either the original creditor and/or Hillesden.

Only got a notice of assignment from DLC.

nem

Please see responses in blue.

[nemesis45]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Please see responses in blue.

Ok, the advice on the PPI repayment nullifying the debt is wrong as you
received the payment directly by cheque.

A notice of assignment can be sent by the original creditor and / or the debt purchaser so that part is ok.

As there is a judgement in place that completely supercedes the original agreement getting documents e.g. will be difficult as there is now no obligation to supply them.
#
nem

[shimeld]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Hi all.

I think perhaps that I did not fully explain that when BH aledgedly sold the debt on to DLC the account was in dispute already and BH had been notified that I was taking the case to FOS as a formal claim for refund of charges and PPI. Because thing were progressing slowy they lost patience and passed it to DLC.

If I had won my case at that time and been refunde the PPI and charges this would have wiped out the balance, hence no debt to sell the DLC. BH had no right to sell on a debt raised through what has now been regognised as misselling practices. When you look at the ethics of this it's like selling stollen assets.

DLC have hounded me over the last 2 years for the results of FOS outcome and I have written to them, (on legal advice given by legal protection insurance), that it's between me and BH and none of thier business. In this I suspect that DLC may be concerned they are on sticky ground.

I hope this clarifies things a little.

- - - Updated - - -

No Judgement is in place. It has never been to court.

[jon1965]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Hi
I do believe you were given wrong advice about being able to pocket the PPI and not use it to pay off the debt. My personal feeling is that as the account was not in dispute (just the PPI) BH did nothing wrong in selling it although a complaint may be in order .

I am asking again, have you ever sent a CCA request to DLC -this may get them off your back.

If DLC know you have had a PPI repayment they may be more likely to up the stakes in chasing you

[nemesis45]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Hi all.

I think perhaps that I did not fully explain that when BH aledgedly sold the debt on to DLC the account was in dispute already and BH had been notified that I was taking the case to FOS as a formal claim for refund of charges and PPI. Because thing were progressing slowy they lost patience and passed it to DLC.

If I had won my case at that time and been refunde the PPI and charges this would have wiped out the balance, hence no debt to sell the DLC. BH had no right to sell on a debt raised through what has now been regognised as misselling practices. When you look at the ethics of this it's like selling stollen assets.

DLC have hounded me over the last 2 years for the results of FOS outcome and I have written to them, (on legal advice given by legal protection insurance), that it's between me and BH and none of thier business. In this I suspect that DLC may be concerned they are on sticky ground.

I hope this clarifies things a little.

- - - Updated - - -

No Judgement is in place. It has never been to court.

Thank you Shimeld that makes matters a lot clearer.
We have DLC chasing the full amount inc. PPI when the PPI premium has been refunded.

Please see my earlier PM.

nem

[shimeld]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

Yes nem that's correct.

We have DLC chasing the full amount inc. PPI when the PPI premium has been refunded.:tinysmile_grin_t:

[jon1965]

Re: Urgent help needed DLC/Hilesden Notice of Non Payment

So
If you can show that the agreement is unenforceable you are quids in, if not and they take you to court you may have a problem. I assume you have spent the windfall?