DLC/hillsden securities/mercantile credit bureau???

lesedwards67

hello,
i have a debt of £166 with DLC, i requested a CCA from them in october 2009, I received nothing back, I then received a letter from Hillsden securities to say, we are following up a request for a copy of original documentation with our client black horse, etc etc, I will update you in 21 days, 6 days later I received a letter from Mercantile data bureau demanding the balance, quoting that the profiling process is underway , should my enquiries show you are a home owner or employes a third party may be instructed immediatley to begin further collection activity. I emailed them today and received this response
Thank you for your email contents of which have been noted. Direct Legal and Collections have acknowledged that you have made a request for Copy of Agreement. Dlc have advised that they used to hold file and suspense pursuing the balance until they provided the requested documents, but recently they have reviewed how they handle these requests and from 1 February 2010 they no longer hold accounts. This follows a ruling in the High Court on 6 October 2009, in the case of “McGuffick v RBS”, in relation to “what is considered enforcement”. The case stated that enforcement is restricted to enforcing a Judgment or beyond, not the steps leading up to that point, such as recovery action, issuing a default notice or referring a case to a third party. Reporting defaults to the Credit Reference Agencies is not enforcement either; therefore we will not remove defaults from credit files. Both the Information Commissioners Office (ICO) and the Office of Fair Trading (OFT) endorse the views of the Judge in this case.

The industry guidance from the Credit Services Association (CSA) states that the agreement has not been made illegal or void due to the original lenders failure to provide the requested documentation at this time. The underlying obligation to repay remains intact.

Therefore they no longer hold accounts when copies of agreement requests are received. dlc has advised that they wrote to you to advise that they are still chasing the paper work from Black Horse, and they will provide this to you as soon as available.

In effort to conclude this account as quickly as possible I am prepared to offer a full and final settlement £83.25.

Regards

please could anyone advise

Tixy

Hi

Sounds like a loads of cr*p to me, but suggest you need Niddy to advise on your response.
Either post on here - https://forums.moneysavingexpert.com/discussion/2305463
or PM him http://forums.moneysavingexpert.com/member.php?u=672511

DarkConvict

No, they are correct.

The case from Dec 2009 (not October or so i believe) means an unenforceable CCA only prevents court action. They have just worded it in a really long way.

They are just saying in the current absence of a CCA they will continue to ask for payment and place negative information on your credit file, they will however not apply for a CCJ to secure the debt due to the current absense of a CCA.
As you issued a CCA request they are still looking for it.

So all in all, a pretty normal response made to sound like the CCA request is pointless when it isn't. Just send one of NIDs final responses (no CCA received)

lesedwards67

hi, where can i find one of Nids final responses (no cca receivd)
thanks for your help