Getting DEFAULT removed from DLC/Hilseden Securities

Worthingben

Good afternoon all.

These good people have put a default on my account a couple of years ago for an account that I have no idea what its for and have successfully got them to admit there is no agreement.
Horrified when I saw my free reporys from Call Credit and equifax that they had reported me.

So here is the string of correspondance I have taken the advice from Google, (mainly) here and CAB sites.

The first letter then cut and paste email (yesterday) was to their data controller bod - Tony Locke who last year in a strongly legally worded letter admitted to no Credit agreement could be found:

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Dear Mr Locke,

I sent the letter below last month 'FAO the Data Controller' and I wanted to ensure that it had found itself to you as your colleague had no record of it on the system when I called this morning.

Please could you confirm receipt and then action my requirement...

Kind Regards
Ben Chambers


The Data Controller
Hillesden Securities Ltd
Buckingham Road
Brackley
Northants
NN13 7DN

15 March 2011


Account Number: ******** Formally Associates: *******

Dear Sir/Madam,

I am familiar with the Consumer Credit Act and therefore well aware that the debt is legally unenforceable if an executed agreement cannot be provided.

Furthermore, under provision of the Principle of the Data Protection Act & Consumer Credit Act Section 174, you have no legal right to process or disclose my personal data to any third party, as you are not in possession of my written authority. As you have now conceded you are unable to legally prove the alleged debt, I require the immediate cessation of the processing of my data, as this is unsubstantiated.

I require the immediate removal of the default that has been registered with the Credit reference Agencies. A modification to the entry is not acceptable.

I await your reply before I consider further action.

Kind regards
Ben

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Their emailed reply 24 hours later (today) from Mr Locke's colleague Ms Boddy

Dear Mr B

Thank you for your recent email concerning the above account. I can confirm this has not been received previously.

Whilst we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but the underlying obligation to repay remains in tact.

The case of McGuffick V RBS clarifies the various interpretations of what is considered enforcement in these instances. A full copy of the Judgment is available to view online where you will note that the reporting of data to the Credit Reference Agencies is not considered enforcement. We would recommend you familiarise yourself with the details of the Judgment.

Data requests made under the Consumer Credit Act are not a tool to establish whether or not there was a properly executed agreement, a view confirmed in the recent decision in Carey V HSBC Bank Plc (2009). Providing a reconstituted agreement is sufficient to comply with your data request and we consider our obligations concluded in this matter. The above account was used and a debt incurred we are therefore under the assumption that the fact the agreement exists will not be called into question.

Due to the above we will continue to report your account status to the Credit Reference Agencies.

You should consider this to be our final response in this matter. If you are dissatisfied with the outcome of your inquiry you may refer this to the Financial Ombudsman Service. You must do this within 6 months of the date of this letter. Please follow the below link where you will find a leaflet explaining how you can raise this matter with the Financial Ombudsman Service.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Kind regards

Shelley Boddy
Compliance Team Senior
direct legal & collections
T:01280 843444
Email: shelleyboddy@dlcollect.co.uk
https://www.dlcollect.co.uk

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My emailed reply just now.....

Dear Ms Boddy,

I am familiar with the Consumer Credit Act and therefore well aware that the debt is legally unenforceable if an executed agreement cannot be provided.
Furthermore, under provision of the Principle of the Data Protection Act & Consumer Credit Act Section 174, you have no legal right to process or disclose my personal data to any third party, as you are not in possession of my written authority. As you have now conceded you are unable to legally prove the alleged debt, I require the immediate cessation of the processing of my data, as this is unsubstantiated.

I would also respectfully remind you that, any attempt to register a default using unsubstantiated data is also a clear breach of the above acts and will be reported to the Information Commissioner. If any default has been registered, I require the immediate removal of this. A modification to the entry is not acceptable.

I await your reply before I consider further action along the route of the Financial Ombudsman investigating as you kindly included.

Regards
Ben

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Your thoughts on this.. Basically am I barking up the right/wrong tree with this?

Tixy

Court cases have established that even without an enforceable credit agreement that a default can be registered at the CRAs and they can continue to report to the CRAs. So you won't get it removed under the CCA legislation.

Are you saying its not your debt? or you don't know if its your debt? If that is the case this could be a different matter. Have they provided information to you as to who the original creditor was, when the agreement started and at what address etc?

Worthingben

Hi Tixy, thanks for your response.

Well its from 5/6 years ago, when I was pretty reckless. although I thought I had pretty much paid off everyone etc.
Its just this and one more appearing on credit file, so yes I could owe it, I just don't know as back then I went credit crazy....

chanz4

For once will have to agree with dlc, they are correct and are able to report a default. You could ask them to provide statments to you, that of course if you wish to pay it. A satisfied default will look better on your file.

Worthingben

chanz4 wrote: »

For once will have to agree with dlc, they are correct and are able to report a default. You could ask them to provide statments to you, that of course if you wish to pay it. A satisfied default will look better on your file.

B*gger, its for 2.5k and yes although it probably is my debt, i really don't know that for sure, but yes statements might be a way forward. As it has been on my file for 4 years. 2 more left.....

fermi

As you've seen, the lack of a credit agreement doesn't necessary mean that recording a default and processing data is unfair.

However, if this should turn out to not be your debt, then it would be unfair.

So.... perhaps...

SAR the DCA and/or original creditor for statements, proof of the debt, any other paperwork that shows who is liable.

Or if you don't want to go for the SAR, then dispute that the debt is yours and require them to provide proof.

If they believe the debt is yours then they must have something that proves it? Credit agreement or no credit agreement.

If they won't provide proof that the debt is yours and that the default is valid then complain to the FOS and Information Commissioner.

However, if you think it may be yours then the above may just be a lot of wasted effort. Your call.........

Worthingben

Just had an email.. Seems that they like modern comunication methods. You helpful posters were spot on...

Dear Mr B

Thank you for your email concerning the above account.

Please be advised we maintain our stance as detailed in my previous email.

We would now invite you to proceed with any further action that you deem to be appropriate in this instance.

Kind regards

Shelley Boddy
Compliance Team Senior
direct legal & collections
T:01280 843444
Email: shelleyboddy@dlcollect.co.uk
https://www.dlcollect.co.uk

FTW

Worthingben wrote: »

Just had an email.. Seems that they like modern comunication methods. You helpful posters were spot on...

Dear Mr B

Thank you for your email concerning the above account.

Please be advised we maintain our stance as detailed in my previous email.

We would now invite you to proceed with any further action that you deem to be appropriate in this instance.

Kind regards

Shelley Boddy
Compliance Team Senior
direct legal & collections
T:01280 843444
Email: [EMAIL="shelleyboddy@dlcollect.co.uk"]shelleyboddy@dlcollect.co.uk[/EMAIL]
www.dlcollect.co.uk

Fermi has the best answer so far.

If they can't prove anything that points to this debt being yours, then that can be read as defamation.

And it hat is the case, then I have to admit, that it is nice of them to invite further cost to themselves.:D