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**Never-In-Doubt** · 3 August 2011, 20:37

Re: DLC Collections/CCA? Advice needed...

Originally posted by madfish View Post

Hi Lovely People,

I had posted on 'that other site' but was kindly redirected to here, i will try to keep it brief but can go into detail if neccesary...

Owed Lloyds Bank money on a very old load (1990's), paid for a while but thought I would request a CCA back in June 2009. (Still have copies and recorded delivery details along with £1 postal order reciept). Never heard anything and the debt was passed to another company (Moorcroft), I informed them that they were in Breach of the Consumer Credit Act as they had not supplied a CCA and they told me that it could not be produced as the debt went back to 1990!! (It did'nt btw).

Anyhow I ignored the letters that followed over the next few months until they dried up.

Recently DLC-Direct Legal & Collections have been ruthlessly chasing the debt, phoning me at 7am and late at night and sending the standard threatening letters. Today I got a letter stating they had checked with the land registry and are threatening to get a charging order on my house.

Up until now I have refused to speak to them due to the fact that in court I would have all the documents to proove I asked for a CCA and it was not provided, but now this has gone far enough. Can someone advise what to do next, should I contact them or let them go for broke and go for a county court judgement (If they even would?).

Has anyone got any info on DLC? I assume they have 'bought' the debt and are trying to squeeze.

Some help would be greatly appreciated...thanks.

Send them this - see what they come back with

Final Response - Unenforceability (No CCA Received)

Also, send one of these, in a separate letter:

Harassment by Telephone Follow-Up

Do not sign anything - whatever you do!

best of luck :niddy

**madfish** · 3 August 2011, 20:50

Re: DLC Collections/CCA? Advice needed...

Hi Niddy,

Thanks for the swift response, I don't know if you have any knowledge of DLC? I have had other companys send letters from time to time and have just ignored them due to the fact that I have the CCA details from 2009, the last payment was made in early 2008.

Usually they give up but this new bunch are really trying hard! I wonder if they are just trying it on or they really would go through with it.

By responding I wonder if it will make matters worse and make them push harder. I was looking to contact the OFT to complain but as an indiividual It looks like I can't.

I am pretty sure that DCL have no idea that I have already sent an CCA request and have details from the 2 previous agencys (Robinson way/Moorcroft) that it was recieved but must admit this land registry thing has spooked me a bit.

**Never-In-Doubt** · 3 August 2011, 20:59

Re: DLC Collections/CCA? Advice needed...

Originally posted by madfish View Post

Hi Niddy,

Thanks for the swift response, I don't know if you have any knowledge of DLC? I have had other companys send letters from time to time and have just ignored them due to the fact that I have the CCA details from 2009, the last payment was made in early 2008.

Usually they give up but this new bunch are really trying hard! I wonder if they are just trying it on or they really would go through with it.

By responding I wonder if it will make matters worse and make them push harder. I was looking to contact the OFT to complain but as an indiividual It looks like I can't.

I am pretty sure that DCL have no idea that I have already sent an CCA request and have details from the 2 previous agencys (Robinson way/Moorcroft) that it was recieved but must admit this land registry thing has spooked me a bit.

DLC are shysters, like them all - don't worry, we'll fight them off for you here.......

Regards land registry, its just a check they run to see if you own your house.... long way to go before they can take any action - stop worrying, don't ignore them now - send the template above, trust me

**madfish** · 4 August 2011, 18:25

Re: DLC Collections/CCA? Advice needed...

Another day another 2 calls and a new letter! (I sent the letters you suggested today Niddy)

Heres a bit of history I thought i would post...

Letter after 1st request in 2009:

Then their response:

After sending letter to Lloyds with postal order etc that I still proof of postage I got this a few months later when I challenged Moorcroft who took over the account (I love the grammar in this one!).

After this It gets passed between different collectors of which I have many different letters...

**PlanB** · 4 August 2011, 22:14

Re: DLC Collections/CCA? Advice needed...

Originally posted by madfish View Post

Hi Lovely People,

Has anyone got any info on DLC? I assume they have 'bought' the debt and are trying to squeeze..

I know this is a silly question, but how do you know that they have 'bought the debt'? I had a letter from dlc in February which said " we hereby give you notice . . . this means Black Horse no longer own your account and your account is now owned by dlc". I wrote back a "says who?" letter. They sent me a pathetic attempt at an 'assignment' document which was dated before I even took out the loan with Black Horse and didn't include my name or account number or anything. D'uh. So even though I was tempted to say "you're lying" I didn't (that part was really hard). I've heard nothing more from them again. Since then I have checked on CRAs and it still shows Blackhorse updating each month. The advice you've been given so far is spot on, but maybe you should just check that you actually owe these creeps any money? Good Luck

**madfish** · 4 August 2011, 23:07

Re: DLC Collections/CCA? Advice needed...

When I say bought I assume they are the latest scumbags who have promised to get money for Lloyds. What I would like to know is that from what I've read if a CCA cannot be produced (as per letter above) then they are breaking the law by continually sending out demands and could be fined for doing so. Who can I complain too about this? it seems to put a mockery on the whole CCA thing?

**Deepie** · 5 August 2011, 06:34

Re: DLC Collections/CCA? Advice needed...

Originally posted by madfish View Post

When I say bought I assume they are the latest scumbags who have promised to get money for Lloyds. What I would like to know is that from what I've read if a CCA cannot be produced (as per letter above) then they are breaking the law by continually sending out demands and could be fined for doing so. Who can I complain too about this? it seems to put a mockery on the whole CCA thing?

Hi madfish
you can send this >

CCA Query - Letter Previously Confirming No CCA
with a copy of the letter you have confirming this
hope this helps

**garlok** · 5 August 2011, 08:04

Re: DLC Collections/CCA? Advice needed...

Sorry madfish but all of these people believe they are above the law of the land and is a burden we all have to live with. Just by way of explanation for your references based on your posts above, A DCA does not necessarily "own" the debt. They are usually just acting on behalf of the original creditor, i.e. doing their dirty work for them in trying to bully you into submission. Only if the alleged has been purchased by way "Assignment in Absolute" can they act. In this case someone must have notified you in writing with a formal Notice of Assignment in the prescribed format although this is fairly loose. The down side for them is that they also inherit ALL of the liablities and responsibilies of the alleged original agreement which of course you can use against them.

We have DLC in our collection but they ran away to the nearest wet stone at the merest smell of our solicitors involvement.

So as I2D has said really get them to prove it otherwise go away as politely as you wish.

regards
Garlok

**SXGuy** · 6 January 2012, 19:11

Re: DLC Collections/CCA? Advice needed...

Saw this thread and had to comment on it.

Sorry if im reviving an old thread, but i have been dealing on behalf of my mother with DLC or hilesden securities as they are also known.

They first sent my mother a letter saying they had bought the debt from MBNA, however their letter also said, their client is MBNA, which i found quite amusing.

Initially they asked for my mother to tell them about any pre existing payment terms with MBNA, so she did, shes currently paying £1 per month to all her creditors while shes in financial difficulty.

DLC blatantly said on the phone, they would not accept that as payment, as its unrealistic in comparison to the amount outstanding (even though it is my belief, that thats not the point, the point is its realistic in comparison to her income)
They also stated that they would be seeking a charging order on her home.

So with that my mother made a request to see the agreement, they asked why and she clearly said, because a) i have no contract with you, and b) i wish to see where it says i owe you the money.

The day after, she recieved a letter stating they intend to seek a charging order on her property but not to force a sale of the house, but because they understand the debt would take some years to repay and would want security.

The same day i sent a recorded delivery CCA request, and enclosed the £1 postal order.

This was the 7th December 2011.

I sent a 2nd letter on the 21st by recorded 1st class.
15th december my mother gets a reply to the first letter stating they had contacted MBNA for the agreement (1st this shows, they never had a copy in the first place)

on the 4th January 2012 i sent my third and final letter recorded, reminding them they are in dispute of the account and my mother will not speak to them again unless by letter to either confirm closure of the account or to sent the copy of the agreement.

They sent a letter replying to the 2nd request just after this stating that although they are technically in dispute (whats techincal? either they are or are not) the account still remains owed, they can still file default notices and add charges and interest to the acount. (thats fine, but its not enforceable!)

For the last 2 days they have tried telephoning my mother about 5 times a day leaving messages on her answerphone (i find this strange as they usually hang up)

This debt is pre 2007 so its my understanding that if they do manage to send a copy of the agreement it has to be signed, which i doubt it will be. So they are trying desperately to presure my mother in to making a payment, which she will not do until they prove the debt.

It is quite funny some of the things they say, because the first letter threatend a charging order, yet one has to first receive a CCJ and before that, a default notice to even get to the point where an interim charging order can be made. And failure to provide the CCA will put the charging order straight in to dismissal.

So they are using scare tactics as far as i can see.

Why should it take over 40 days and counting to produce an agreement? because the debt is pre 2007 and i bet you they have lost my mothers signature, or more so, never had one in the first place.

**Never-In-Doubt** · 6 January 2012, 19:26

Re: DLC Collections/CCA? Advice needed...

Well done on standing firm, however it's not acceptable, i.e. their behaviour so also send DLC the following: ---> Our Templates | Unenforceability Templates | Threat by Creditor - To Apply for a Charging Order

That ought to shut them up for a few weeks, and the fact you did do a s.78 means they cannot enforce it anyway - regards phone hassle, you could add a note in this template giving this number (a freebie from us)... Free Number to Issue Creditors

**SXGuy** · 6 January 2012, 19:50

Re: DLC Collections/CCA? Advice needed...

thanks for that number, seems like a great idea.

up until now i have not given them my mothers number however they have found her work and home phone number from somewhere. guessing MBNA.

I had thought of sending a letter regarding harrasment, i just wanted to see if it dies down first as im assuming the frequency of calls straight after they received the final letter recorded, is probably a last ditch attempt at recovering some money.

If i have to write to them again i say tell them to only contact me on the number you provided or by letter lol

But in all honesty, unless my mothers gets a legit copy of her agreement, they will continue to be ignored. thank heavens for caller id.

**diddlydee** · 6 January 2012, 20:23

Re: DLC Collections/CCA? Advice needed...

MBNA (and their reps) were the worst at hounding me in the early days; they will have phone numbers from the original application I presume, and also use any numbers that your mother may have used to call them from.

If you can get them to use the number Niddy has provided, it will give her some peace from the harrassment, which for me, was the worst bit......

Good luck with the journey

**Pixie** · 6 January 2012, 21:18

Re: DLC Collections/CCA? Advice needed...

If your mother can access her account online, it would be a good idea to change the number(s) they have recorded for her to the one Niddy has given you.

**SXGuy** · 6 January 2012, 21:58

Re: DLC Collections/CCA? Advice needed...

Thanks for the advice.

I dont think my mother ever had an online account with MBNA, she only ever paid statements via cheque at the bank.

Plus i dont think that would stop DLC from calling.

Shes not really bothered about the calls to be honest, as she screens them all.

ill send the harrassment letter as a matter of course for her if it continues.

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