Tweet
ey_137 UE Diary
HSBC Loan £14,730 started 30/03/2006
Sold to Metropolitan in 2008 then Hillesden Securities Ltd (DLC) 14/01/2009
£10,859.54
HSBC Credit Card
Sold to Metropolitan in 2008 then Hillesden Securities Ltd (DLC) 14/01/2009
£2816.98
HSBC Overdraft
Nominal amount now incorporated in loan account??
Sold to Metropolitan in 2008 then Hillesden Securities Ltd (DLC) 14/01/2009
DLC only refer to me as one account now..
Balance to date £2798.50
Making no payments to them at present.
I was in a debt management plan (PayPlan) making payments of £112.55 until December 2013, I stopped paying because for around 4 months DLC failed to update my credit file with payments so I thought the debt had been sold on..
17/05/2014 Letter received. Statement letter dated 07/05/2014 with closing balance of £4261.65 at 19/10/2012 (missing statements for Nov 2012-Dec 2013)
The statement also states the balance purchased by DLC was £11326.21 now that's £2349.31 less than stated in the 2009 letters I have??
I failed to make contact with them as it seemed like a fishing letter trying to find me.
20/05/2014 Letter received again stating balance outstanding £2798.50 and i need to contact them to arrange how i will pay this amount.
Ignored.
29/05/2014 Letter received from APLINS Solicitors stating they have been instructed by dlc on behalf of HSBC to take the necessary steps to recover the balance shown.
If i do not contact them within 14 days, legal proceedings may be issued against you without further notice.
In the event that legal proceedings are issued, our client will seek fixed costs and fees which will be added to the outstanding balance and a CCJ may be entered against you. This may affect your credit rating.
Nothing sent in reply.... Do i need to send a threat of litigation letter stating the account is in dispute?
02/06/2014 CCA request sent via template to dlc/Hillesden with Postal Order for £1.
06/06/2014 On good advice from Niddy, Letter sent to APLINS advising that "I would like to advise them that I am currently in dispute regarding the account in question and would appreciate you see attached a copy of a s.78 request made directly to the alleged account owner. I dispute this account thus have utilised my rights in line with s.78 of the Consumer Credit Act 1974; and in the meantime may I politely request you back off until such time this dispute has been resolved, not least afford me due time to receive requested documents prior to jumping in with a claim."
18/06/2014 Letter received from dlc today: Thank you for your recent letter regarding the above account. I can confirm and advise the following:
I acknowledge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974.
We are still awaiting a copy of your original agreement and statement of the account from the original lender HSBC. When these become available they will be forwarded to you.
If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974.
We would like to draw your attention to the ruling in the case of McGuffick V RBS judgment dated 6 October 2009 in relation to "what is considered enforcement"; the judgement stated that bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the Credit reference Agencies as this is also not considered as enforcement.
Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact. In view of the above judgement the account will remain with our collections department for collections activity to continue.
Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.
I take it i do nothing at this point? although i cant say i truly understood the terminology of the letter..
07/07/2014 letter received from DLC.
Further to our previous letter regarding the above account, I can confirm and advise the following:-
We are following up your request for a copy of the original documentation with the original lender. When this becomes available we will forward a copy to you.
Should you require anything further at this point please contact me. I will update you on developments in 21 days if there are no developments beforehand.
Sounds to me there struggling... He he :-)
25/07/2014 Letter received from DLC
Further to our previous letter regarding the above account, i can confirm and advise the following:-
We are following up your request for a copy of the original documentation with the original lender. When this becomes available we will forward a copy to you.
Should you require anything further at this point please contact me. I will update you on developments in 21 days if there are no developments beforehand.
Ignored.
12/08/2014 Letter received from DLC
We note that you don not currently have a payment arrangement in place and the balance of £2797.50 remains outstanding. Our records show that a payment of £1.00 was received on the 03/07/2014. (this would be to cover the costs of CCA request) cheeky gits?!?!?
We would like to agree an affordable arrangement with you based on your current financial circumstances. Therefore we have enclosed a Customer Affordability Statement for you to fully complete and return with your proposed offer of payment. This will help us to decide the best option that is available to you.
We are here to work with you.... Blah Blah Blah. It is important that you contact us within 28 days.
Ignored so far.
18/08/2014 Letter received from DLC.
Further to our letter dated 24/07/2014 regarding your request made under s77-79 of the Consumer Credit Act (CCA) 1974, we can confirm and advise as follows:-
Emailed Niddy Copy of CCA.
Not good news, Niddy confirmed enforceable!!!!
A little unsure what route to take with this, the debt at present has no impact on my credit file and credit file is quite healthy, things were getting back to normal and the last thing I want is to get a CCJ.
Niddy did say I could possibly blag it with missing prescribed terms and conditions, but I am thinking would F&F be a better solution or Start paying it? But at a rate that would avoid a CCJ?
any ideas, welcome?
Niddy advised if possible to scrape a £1000 then maybe make F&F offer using the templates. Still thinking about this one but in the mean time i have ignored there CCA response.
15/09/2014 Letter recieved from dlc,
Dear ..........
We have made several attempts to contact you but are yet to agree a suitable repayment plan.
The balance £2797.50 remains outstanding.
There may be the option of a reduced settlement figure, with the possibility of us writing off up to 50% of your balance, dependant on your current financial situation.
This account could be adversely affecting your credit file which in turn could impact your future borrowing possibilities.
It is important that you contact us within 28 days from the date of this letter to avoid further correspondence.
What are peoples thoughts on this? is it a genuine offer? is it a trap to contact them?
Statue bared does not come into play as I was paying the debt till the end of 2013.
Another thing to consider is I also noticed a credit search on my file from Lowell One ltd, now I have a sneaky feeling that the debt has been sold on, although I have had no correspondence from them as yet.
Sold to Metropolitan in 2008 then Hillesden Securities Ltd (DLC) 14/01/2009
£10,859.54
HSBC Credit Card
Sold to Metropolitan in 2008 then Hillesden Securities Ltd (DLC) 14/01/2009
£2816.98
HSBC Overdraft
Nominal amount now incorporated in loan account??
Sold to Metropolitan in 2008 then Hillesden Securities Ltd (DLC) 14/01/2009
DLC only refer to me as one account now..
Balance to date £2798.50
Making no payments to them at present.
I was in a debt management plan (PayPlan) making payments of £112.55 until December 2013, I stopped paying because for around 4 months DLC failed to update my credit file with payments so I thought the debt had been sold on..
17/05/2014 Letter received. Statement letter dated 07/05/2014 with closing balance of £4261.65 at 19/10/2012 (missing statements for Nov 2012-Dec 2013)
The statement also states the balance purchased by DLC was £11326.21 now that's £2349.31 less than stated in the 2009 letters I have??
I failed to make contact with them as it seemed like a fishing letter trying to find me.
20/05/2014 Letter received again stating balance outstanding £2798.50 and i need to contact them to arrange how i will pay this amount.
Ignored.
29/05/2014 Letter received from APLINS Solicitors stating they have been instructed by dlc on behalf of HSBC to take the necessary steps to recover the balance shown.
If i do not contact them within 14 days, legal proceedings may be issued against you without further notice.
In the event that legal proceedings are issued, our client will seek fixed costs and fees which will be added to the outstanding balance and a CCJ may be entered against you. This may affect your credit rating.
Nothing sent in reply.... Do i need to send a threat of litigation letter stating the account is in dispute?
02/06/2014 CCA request sent via template to dlc/Hillesden with Postal Order for £1.
06/06/2014 On good advice from Niddy, Letter sent to APLINS advising that "I would like to advise them that I am currently in dispute regarding the account in question and would appreciate you see attached a copy of a s.78 request made directly to the alleged account owner. I dispute this account thus have utilised my rights in line with s.78 of the Consumer Credit Act 1974; and in the meantime may I politely request you back off until such time this dispute has been resolved, not least afford me due time to receive requested documents prior to jumping in with a claim."
18/06/2014 Letter received from dlc today: Thank you for your recent letter regarding the above account. I can confirm and advise the following:
I acknowledge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974.
We are still awaiting a copy of your original agreement and statement of the account from the original lender HSBC. When these become available they will be forwarded to you.
If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974.
We would like to draw your attention to the ruling in the case of McGuffick V RBS judgment dated 6 October 2009 in relation to "what is considered enforcement"; the judgement stated that bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the Credit reference Agencies as this is also not considered as enforcement.
Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact. In view of the above judgement the account will remain with our collections department for collections activity to continue.
Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.
I take it i do nothing at this point? although i cant say i truly understood the terminology of the letter..
07/07/2014 letter received from DLC.
Further to our previous letter regarding the above account, I can confirm and advise the following:-
We are following up your request for a copy of the original documentation with the original lender. When this becomes available we will forward a copy to you.
Should you require anything further at this point please contact me. I will update you on developments in 21 days if there are no developments beforehand.
Sounds to me there struggling... He he :-)
25/07/2014 Letter received from DLC
Further to our previous letter regarding the above account, i can confirm and advise the following:-
We are following up your request for a copy of the original documentation with the original lender. When this becomes available we will forward a copy to you.
Should you require anything further at this point please contact me. I will update you on developments in 21 days if there are no developments beforehand.
Ignored.
12/08/2014 Letter received from DLC
We note that you don not currently have a payment arrangement in place and the balance of £2797.50 remains outstanding. Our records show that a payment of £1.00 was received on the 03/07/2014. (this would be to cover the costs of CCA request) cheeky gits?!?!?
We would like to agree an affordable arrangement with you based on your current financial circumstances. Therefore we have enclosed a Customer Affordability Statement for you to fully complete and return with your proposed offer of payment. This will help us to decide the best option that is available to you.
We are here to work with you.... Blah Blah Blah. It is important that you contact us within 28 days.
Ignored so far.
18/08/2014 Letter received from DLC.
Further to our letter dated 24/07/2014 regarding your request made under s77-79 of the Consumer Credit Act (CCA) 1974, we can confirm and advise as follows:-
Emailed Niddy Copy of CCA.
Not good news, Niddy confirmed enforceable!!!!
A little unsure what route to take with this, the debt at present has no impact on my credit file and credit file is quite healthy, things were getting back to normal and the last thing I want is to get a CCJ.
Niddy did say I could possibly blag it with missing prescribed terms and conditions, but I am thinking would F&F be a better solution or Start paying it? But at a rate that would avoid a CCJ?
any ideas, welcome?
Niddy advised if possible to scrape a £1000 then maybe make F&F offer using the templates. Still thinking about this one but in the mean time i have ignored there CCA response.
15/09/2014 Letter recieved from dlc,
Dear ..........
We have made several attempts to contact you but are yet to agree a suitable repayment plan.
The balance £2797.50 remains outstanding.
There may be the option of a reduced settlement figure, with the possibility of us writing off up to 50% of your balance, dependant on your current financial situation.
This account could be adversely affecting your credit file which in turn could impact your future borrowing possibilities.
It is important that you contact us within 28 days from the date of this letter to avoid further correspondence.
What are peoples thoughts on this? is it a genuine offer? is it a trap to contact them?
Statue bared does not come into play as I was paying the debt till the end of 2013.
Another thing to consider is I also noticed a credit search on my file from Lowell One ltd, now I have a sneaky feeling that the debt has been sold on, although I have had no correspondence from them as yet.
Comment