DLC Collections - Help / Advice Needed!

Beetlebug1983

Hi everyone! .....Sorry, it's a long one!!!!

I have been doing my own DMP now for well over a year after being with the CCCS for a few years. At the beginning of this year my Halifax Loan was sold to Hillisden Securities and DLC are now dealing with it. I was told that they would accept my offer for 6 months and then they would expect full payment thereafter.

Last weekend I received a phone call telling me that my concession period was now up. I said that there was no way that I could pay the balance in full and the "lovely" woman who I was speaking to said that she would just pass it on to their solicitors on Monday morning. I told her that I had posted them a financial statement a few days previously - she was having none of it. So last week I received a letter from them telling me that my offer was unrealistic and that they intend to apply to the court for a claim against me to obtain judgement forthwith and then apply for a charging order against my property. I know that they can do what the want at the drop of a hat, but I have been a good payer and have not defaulted with them. If they apply for a claim against me, will they be successful in getting the “forthwith” granted, or would a monthly instalment plan be issued?

I have written to them asking them to re-consider my offer and I have also sent a separate letter asking them for a copy of my CCA with a £1.00 cheque.

What are my options – what should I do now??

worry_2

Hi , the same thing happened to me with the nationwide , they madea ccj on a small ish debt and then i was paying it all fine then all of a sudden they said the were putting a charging order on me . i argued against but to no avail , thats just what their solictors do . It went to court i didnt go didnt think there was any point as i phoned and wrote to the court but no one listerned !

GeorgeUK

If you have not defaulted on a CCJ, then they shouldn't get a charging order. There was draft legislation that would have allowed a CO even when a CCJ had not been broken but this was never passed. There have been a few cases where judges have just pushed this through, but the actual lefislation does not exist for them to do this. I think RAS had mentioned Mercantile v Ellis on another thread relating to this.

I think a CCA request is probably the correct thing to do for now. If they reply back with a reproduction and not the original CCA, you may need to issue a subject access request (SAR - cost £10) to the original creditor to see exactly what is on the original, if there is one.

The debt wasn't and overdraft was it?

Beetlebug1983

GeorgeUK wrote: »

If you have not defaulted on a CCJ, then they shouldn't get a charging order. There was draft legislation that would have allowed a CO even when a CCJ had not been broken but this was never passed. There have been a few cases where judges have just pushed this through, but the actual lefislation does not exist for them to do this. I think RAS had mentioned Mercantile v Ellis on another thread relating to this.

I think a CCA request is probably the correct thing to do for now. If they reply back with a reproduction and not the original CCA, you may need to issue a subject access request (SAR - cost £10) to the original creditor to see exactly what is on the original, if there is one.

The debt wasn't and overdraft was it?

Hi,
No the debt was a loan.

I did read on the NDL website that they cannot issue a charging order if you have not defaulted on a ccj monthly payment ruling. But i am just worried that a Judge will just grant them the forthwith anyway.

ooo, before i forget. As this is now with a collecting agency, do they have to issue me with a Default Notice before they can request a County Court Claim?

GeorgeUK

There needs to be a default notice issued before a default can be placed on your credit file. After a the default is on your credit file, creditors have the option of pursuing the debt through the courts - no matter who placed the default.

If there is no default then they shouldn't be taking you to court.