Urgent help needed DLC/Hilesden Notice of Non Payment

[nemesis45]

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:

We could try getting this sorted I think , have to out for a while will be in touch later.

nem

[shimeld]

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

Yep all but spent it. :tinysmile_cry_t:

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Thanks nem

[nemesis45]

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

Yep all but spent it. :tinysmile_cry_t:

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Thanks nem

Was yours to spend!! What's the debt minus the refund?

nem

[jon1965]

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

I'm not disputing it was yours to spend, I know I would have done the same.
i am just wondering how it can be sorted

[shimeld]

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

Hi Nem.

Refund included 2 previous loans totaling nearly £8k. DLC Debt was £4k.

Thanks

[nemesis45]

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

Hi Nem.

Refund included 2 previous loans totaling nearly £8k. DLC Debt was £4k.

Thanks

Any idea what the refund was on the DLC debt alone?

nem

[jon1965]

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

If you want to send a S77 request use this template

Dear Sirs,
Reference: 123456789
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
I require that you provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
I also remind you of your duties, in line with recent FCA Consumer Credit Sourcebook (CONC) guidelines surrounding Unenforceability I presume you're aware that it suggests that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:
1. a copy of their agreement
2. copies of some of the other documents mentioned in their agreement
3. a statement of account
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
1. make the debtor pay the debt before they're supposed to
2. get a court judgment against the debtor
So, in line with these (FCA CONC) guidelines, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee to request any such documentation regards this account - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.
I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the Financial Conduct Authority.
Yours faithfully,

You will need to include a cheque /postal order for £1 . Send it by signed for post . You will see the letter says that the fee is not to e used for anything else.
I wouldn't sign the letter but if you want to use an anti tamper strip or a slightly alter your signature. Alternatively put a series of xxxxxx through your signature. Again I would leave the postal order blank but do cross it

This is what the FCA say about S77-79 requests https://fshandbook.info/FS/html/FCA/CONC/13/1

S77 is for a loan
S78 is for a credit card
S79 is for a hire purchase agreement alter the letter accordingly, they have 14 working days to respond, if they do not they can not enforce until they do provide compliant documents

[nemesis45]

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

Hi Nem.

Refund included 2 previous loans totaling nearly £8k. DLC Debt was £4k.

Thanks

All we have is DLC seeking payment on a debt that in actuality consisted only of PPI premiums and perhaps some charges correct Shimeld?

So have you at any time put Hillesesden to any proof of the debt e.g. requesting a copy of the agreement for the loan?
Do you have a copy of the letter mentioned in post#1 stating "you owe BH" I think I may have a clue if we could see a copy please.

nem

[jon1965]

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

Nem
Thats why I suggested a cca request. A way of finding out if they have an enforceable agreement.

[shimeld]

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

All we have is DLC seeking payment on a debt that in actuality consisted only of PPI premiums and perhaps some charges correct Shimeld? Yes correct.

So have you at any time put Hillesesden to any proof of the debt e.g. requesting a copy of the agreement for the loan? Yes I have asked them for proof of sale but they won't release that unless they go to court they say. When I asked for a loan agreement they get it from BH and not their own archives.

Do you have a copy of the letter mentioned in post#1 stating "you owe BH" I think I may have a clue if we could see a copy please. Yes I'll scan it tomorrow and send it via private message to you.

nem

Please see my responses in blue.

Thanks

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Any idea what the refund was on the DLC debt alone?

Yes I'll have to dig it out tomorrow and send it to you by private message. Redacted of course.

nem

Please see my responses in blue.

Thanks

[nemesis45]

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

Please see my responses in blue.

Thanks

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Please see my responses in blue.

Thanks

That's great!!

OK Hiilesden playing silly Bu**ers on a CCA request send a formal request under CCA 1974 for a copy of the agreement enclose a

£ 1 postal order or cheque endorsed "for statutory fee only" they have 12 + 2 Working Days to Comply and cannot refuse to comply. ( there's a template in the forum library for you to use).
nem

[jon1965]

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

I am guessing you had asked them for the deed of assignment , unlikely to get that unless a judge orders it-personally i believe you are entitled to it but I have neither the will nor the money to take the action necessary.


With the documents, especially the agreement it might be better if you can redact them and post them on the forum to help others, if you hae problems with the redacting you could send them to Kati who would do it for you

[Kati]

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

With the documents, especially the agreement it might be better if you can redact them and post them on the forum to help others, if you have problems with the redacting you could send them to Kati who would do it for you

I'd be quite happy to post redacted letters up for you @shimeld (they can't be sent by PM :sorry you could email them to me (kati@legalbeagles.info) and I'll check them over if you like, then post them on here?? x

[nemesis45]

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

Please see my responses in blue.

Thanks

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Please see my responses in blue.

Thanks

H Shimeld I've received the PM and the documents I'll go through them carefully asap.

nem

[jon1965]

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

The letter from DLC is just a bog standard cough up or we may do x y z