Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


Results 1 to 13 of 13
  1. #1

    Default connaught collections/1st credit/rbs debt 2 * SD's!! alerady

    hi there everyone.
    i have been paying connaught now for nearly 2 years for a debt from 1st crediticon/ Royal Bank of Scotlandicon.

    i have adhered to payment plan and paid via a payment booklet at Barclays

    .i have in this time received letters evry other month saying account is in arrears
    when i have actually paid the sum due monthly.

    this i have always ignored as i have proof of payment every time!!

    however i have now received by second class post a statutory demand
    saying my payment plan has been not adhered to and have to respond within 18 days (due next week)

    i have seen various threads on here that seem differing.

    can anyone advis me on this matter as to whether i should respind to connnaught?

    if so what should i say.i have my own house that is mortgaged and a secured loan on it too.

    the house is also shared ownership i.e 50% mortgageicon and 50% rent.
    i have other debts as usual with anyone that are being paid regularly.
    all advise would be appreciated

    Similar Threads:

  2. #2

    Default Re: connaught collections/1st credit

    1st crediticon/Connaught are just despicable...there you are paying off via a plan, and despite keeping up with payments they send you a stat demand...this is wholly unreasonable....

    Firstly send them a request for your consumer crediticon Agreement....(if this is a credit card or a loan).....do this by recorded delivery and enclose a £1 postal order

    Send them letter 'N' from here - http://www.consumeractiongroup.co.uk...templates.html

    Next you need to get the statutory demand set aside at your local court within 18 days of you receiving the demand

    Keep the envelope that they sent you the demand in as delivering a stat demand by 2nd class is an abuse of process !!!

    You now need to dispite the whole debt (despite you having made payments under duress from them)...

    Have a read here....

    http://www.consumeractiongroup.co.uk...emand-set.html

    You could defend this due to the non production of your Consumer Credit Agreement.

    The fact that the statutory demand has been delivered second class.

    You could also say that the debt is disputed due to non production of a notice of assignment, a lack of a default notice and the fact that the debt could be made up of entirely excessive charges....

    When you go to your local court you should also claim your costs too for the time you have spent researching the Insolvency law, your fuel costs and time off work....!!

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

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    Forum rules - http://www.consumeractiongroup.co.uk...ease-read.html
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  3. #3

    Default Re: connaught collections/1st credit

    You need to download forms 6.4 and 6.5 from here:

    England and Wales Forms

    Take them to your nearest county courticon, check that they deal with bankruptcyicon first as not all do. You can swear the affi. at the court free and the staff should be helpful and guide you through the process.

    With the CCA Requesticon letter, use a £1 postal order for the fee, DO NOT SIGN IT, print your name, keep a copy of your letter with a copy of the PO serial number (to check if they cash it) and your postal receipt, send recorded delivery.

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

    BB 13 - DCAs/banks and solicitors 0.


    I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

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  4. #4

    Default Re: connaught collections/1st credit

    thanks for the information.

    unfortunately i do not have the envelope in question but know that it was received five days from date of postal/service.

    i originally rang them when i got a demand saying they were going to do the same procedure
    nearly two years ago!!i

    wrote to them with an income expenditure plan and agreed my repayments.

    this took nearly 5 weeks fo them to agree.

    they served the SD by hand whilst i was on holiday that time.
    it was a loose document and no envelope.
    do you think they are chancing their arm again??

    i will send CCA as i much more genned up after reading on here about cases of a similar nature.

    to date i have no evidence of what the debt is for despite paying it off!!!!
    do i still need to ado the court thing?


  5. #5

    Default Re: connaught collections/1st credit

    Did they push the older SD through your letter box without an envelope or hand it to someone else?

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

    BB 13 - DCAs/banks and solicitors 0.


    I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

    <--- If you feel I've helped, please twinkle my star
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  6. #6

    Default Re: connaught collections/1st credit

    the old one was pushed through letterbox
    and was on my doormat when returning from holiday nearly two years ago.

    the latest was posted and received approx 5 days later.

    as i am a postman that means 2nd class to me.

    it was in a large envelope with a business service mail franking that i do remember.

    5 days is second class in my business.


  7. #7

    Default Re: connaught collections/1st credit

    sorry but do i have to acknowledge this sd with connaught when i send the CCA Requesticon?


  8. #8

    Default Re: connaught collections/1st credit

    Acknowledge nothing to connaught.

    They breached OFT guidlines SERIOUSLY when serving the other SD:

    Physical/psychological harassment
    2.5 Putting pressure on debtors or third parties is considered to be oppressive.
    2.6 Examples of unfair practices are as follows:
    a. contacting debtors at unreasonable times and at unreasonable intervals
    b. pressurising debtors to sell property, to raise funds by further
    borrowing or to extend their borrowing
    c. using more than one debt collectionicon business at the same time
    resulting in repetitive and/or frequent contact by different parties
    d. not ensuring that an adequate history of the debt is passed on as
    appropriate resulting in repetitive and/or frequent contact by different
    parties
    e. not informing the debtor when their case has been passed on to a
    different debt collector
    f. pressurising debtors to pay in full, in unreasonably large instalments,
    or to increase payments when they are unable to do so
    g. making threatening statements or gestures or taking actions which
    suggest harm to debtors
    h. ignoring and/or disregarding claims that debts have been settled or are
    disputed and continuing to make unjustified demands for payment
    i. disclosing or threatening to disclose debt details to third parties unless
    legally entitled to do so
    j. acting in a way likely to be publicly embarrassing to the debtor either
    deliberately or through lack of care, for example, by not putting
    correspondence in a sealed envelope and putting it through a letterbox,
    thereby running the risk that it could be read by third parties.

    Request their formal complaints procedure and make a complaint. I know it's a long time, but you have only just been made aware of the serious nature of the breach and your rights. It may well pull them off you too


    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

    BB 13 - DCAs/banks and solicitors 0.


    I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

    <--- If you feel I've helped, please twinkle my star
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  9. #9

    Default Re: connaught collections/1st credit

    ok so i just send the cca to them?do i also ask in a letter for their formal complaints procedure at this time when i send the cca letter.?
    I have found the two letters for court on here do i still need to send these?


  10. #10

    Default Re: connaught collections/1st credit

    You request thier complaints procedure in a separate letter, remember don't sign anything

    You have to go to the county courticon in person with the SD set aside forms.

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

    BB 13 - DCAs/banks and solicitors 0.


    I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

    <--- If you feel I've helped, please twinkle my star
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  11. #11

    Default Re: connaught collections/1st credit

    thanks again.i am sending the cca tomorrow recorded delivery.i will send another letter asking for complaints procedure separately.
    once agin i want to confirm that i do not need to respnd to the chap who sent the sd and has said that i must reply to them within 21 days to acknowledge receipt of this?


  12. #12

    Default Re: connaught collections/1st credit

    You deal with the court for the SD set aside you don't have to confirm anything with connaught at all. The court will notify them you're applying to get it set aside etc...

    "To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

    If you do PM, make sure to include a link to your thread as I don't give out advice in private

    BB 13 - DCAs/banks and solicitors 0.


    I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

    <--- If you feel I've helped, please twinkle my star
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  13. #13

    Default Re: connaught collections/1st credit

    How can the issue a SD when you are in a payment plan.

    You want to demand in your set aside that they are brought to Court and anserable to these threaterning SD.
    HAK



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