DLC Collections/CCA? Advice needed...

Madfish

Hi Lovely People,

I will try and keep this short I have posted about it a long time ago but it does not seem to die

2009 post: https://forums.moneysavingexpert.com/discussion/1692261

Owed Lloyds Bank money on a very old load, 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.

McKneff

If you were paying the loan, then you obviously know that you owe it.
You borrowed money, you spent it.

If you know that you owe it then why not just pay it.

Or are you just trying to get out of paying it.

Madfish

Thanks for the sound advice i'll whip out my cheque book right now!

hello2007

I have dealt with DLC and when I asked for my CCA they made a fuss but said that they would look for it which went on for a year and they still could not find it. They tried to threaten to take me to court which I knew that they could not do as they had no proof of the debt so I ignore the letters.

I later found out that DLC did not have any proof of the debt and that they were just hoping that they could force me to pay. I challenge them over this and proved that I did not take out the debt and got the account closed.

Good luck

McKneff

If you didnt take out the debt it's a different matter altogether.

hello2007

McKneff wrote: »

If you didnt take out the debt it's a different matter altogether.

DCA still needs to provide the OP with proof of the debt for it to be legally enforceable if the debt was taken out before April 2007.

thechippy

McKneff wrote: »

If you were paying the loan, then you obviously know that you owe it.
You borrowed money, you spent it.

If you know that you owe it then why not just pay it.

Or are you just trying to get out of paying it.

Thanks for your amazing useful comment, which will help the poster no end.......

Now, please toddle off to another forum where your fabulous advice might be appreciated........

McKneff

It wasnt advice.

It was 2 statements and 2 questions.

None of which has been addressed.

chanz4

hasnt the cca rules changed now, that a reconstructed agreement can be produced. It depends on the type of debt which the op does not state. We wonder why the country is in a mess.

Heyman_2

You have a number of options for trying to deal with this - there are several template letters here on the forum, which you could probably combine to make a letter formally requesting a CCA and asking for all communication to be in writing and pointing out that you consider their phonecall tactics to be harassment and unreasonable, report them to the OFT etc etc.

You might be able to do a SAR as well (not sure if this only applies to banks, someone here can advise or do a forum search) to see exactly what information they do have on you.

2 years since the last payment isn't very long and as you know they can keep selling the debt on so different DCAs will likely chase you for 6 years until it's considered Statute Barred, and even then the loan amount can get sold to the bottom feeders (Mckenzie Hall etc) who will chase you regardless.

I guess it's up to you whether you want to intentionally be on that merry-go-round for a few years to come; If they are having trouble finding a CCA then perhaps you could offer them a F&F to put it to bed - again, worth doing a search here as loads of information on that.