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Non defaulted account sold to DCA

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  • #1

    Non defaulted account sold to DCA

    Hello all,

    A bit of help is needed regarding the procedures required in relation to a Default Notice.

    The OC-Black Horse has admitted that a default notice was not sent prior to the account being assigned to the DCAicon- Hilsden Securities.

    The DCA has issued now a DN for the sum of arreas.
    If DCA issue DN can they rely on it and start court action?

    Many thanks
    Tags: None
  • #2
    Re: Non defaulted account sold to DCA

    Originally posted by monica32 View Post
    Hello all,

    A bit of help is needed regarding the procedures required in relation to a Default Notice.

    The OC-Black Horse has admitted that a default notice was not sent prior to the account being assigned to the DCAicon- Hilsden Securities.

    The DCA has issued now a DN for the sum of arreas.
    If DCA issue DN can they rely on it and start court action?

    Many thanks
    If the assignment is a legal assignment within the Law of Property Act 1925 then yes they can. Doesnt mean the notice will be valid.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
    • 1 thank

    Comment

    • #3
      Re: Non defaulted account sold to DCA

      Hilsden Securities are now debt owner and appear on my CRA file. What do you mean that notice might be not valid?
      Many thanks,
      Regards
      Monica

      Comment

      • #4
        Re: Non defaulted account sold to DCA

        Originally posted by monica32 View Post
        Hilsden Securities are now debt owner and appear on my CRA file. What do you mean that notice might be not valid?
        Many thanks,
        Regards
        Monica
        Does the notice comply with s87(1) and s88? if not then it may be invalid
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

        • #5
          Re: Non defaulted account sold to DCA

          Do you have a copy of the DN ?

          http://www.legislation.gov.uk/ukpga/1974/39/section/87
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment

          • #6
            Re: Non defaulted account sold to DCA

            It states:

            This is a Default Notice served under section 87(1) of the consumer crediticon act 1974.
            In respect of loan made between... and Black Horse Ltd.
            We Hilsden securities limited trading as Dlc are now the owner of this agreement as the benefit of the agreement has been assigned to us.
            Provision of agreement breached: 2.1 of the agreement which requires you to make payment
            Nature of breach: you have not paid instalments of ... Pursuantvto 2.1 and you are now.... in areas.
            Action required to remedy: In order to remedy the breach you must pay the total amount of areas before 11/2/2016. Wich is not less than 14 days after the date of service of the notice.
            Further action: Hilsden will serve nitice in writting demabding payment of the outstanding balance. If the outstanding balance is not received Hilsden will bring proceedings against you for the outstanding balance. In addition failure to make payment of areas wil result in registering a default with The Credit Reference Agency.

            - - - Updated - - -

            I can post up scanned version tomorrow if you prefer to see it.

            Thank you,
            Regards,
            Monica

            Comment

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