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Posts posted by Lapos

  1. Hi Guys,


    Thanks for your quick responses.


    42 man, i have read so many threads now I've lost track! I'll read the ones you recommend and report back, many thanks.


    Nail Post, Great idea, but i didn't think a DCA needed a CCL?? I know my quibble is with 1st credit and I'm sort of waisting my breath with McKenzie but they always get away with these sort of actions so i ant to make life uncomfortable for them as they do for everyone else!


    Many Thanks



  2. Hi All,


    I trust you're all tip top! I sent a CCA request to 1st Credit back in April via recorded delivery etc. They have failed to respond at all (for the 3rd time in the ;past couple of years), i have sent the usual chase up threats etc but nothing! i always get to this point and don't know where to go from here. I want to see this through to the end now and wonder what step i should take from here to get taken serious by 1st credit and ultimately to remove this default. Can anyone with experience of removing a default help?


    In the mean time I've seen off Connaught collections after having an SD set aside. But 1st credit have got a new DCA now called Mckenzie Hall. I've told Mckenzie that the debts in dispute. They responded saying:


    Thank you for your recent communication, regarding a query on the above account.


    Could you please call me on ********* in order to discuss this matter.


    We have placed your account on hold whilst these enquiries are underway and we ask for your patience until we can gather the correct information to resolve the matter as quickly as possible.


    I then wrote back saying i want all correspondence in writing so wont be calling as there is nothing to discuss in my opinion. and i demanding for the 2nd time that they pass the account back to 1st Credit as it is clear 1st credit don't' have a CCA.


    Mckenzie then sent exactly the same letter as above (obviously not read any of my letters,just a system generated response.


    4 days later i get another letter demanding payment saying "you have been previously written to but not responded" :mad::mad::x I want these guys struck off but don't know what to threaten them with as they are only a DCA. Any advice guys?





  3. Hi Jon,


    Sorry I've only just seen your post. I'm pretty sure there are plenty of charges n there but the figure for the debt has come down by about £1000 since it left MBNA(without me paying it) so I'm not sure whether these are taken into account or not. I'll fight this as a separate matter as i now intend to try and get the default removed which neatly brings me to my next question;


    They still haven't responded to my CCA request so what is the best course of action to get the default removed guys?


    Many thanks



  4. Hi Nicklea,


    Thanks for your detailed response, unfortunately i didn't see it until i got back from court. The SD got set aside, no costs unfortunately as the letter they sent to the court stated they are only willing to set aside if both parties cover their own costs and they made up some cock and bull story that they didn't realise the debt was in dispute and if they had they wouldn't have sent the SD in the 1st place(they didn't provide me with a copy of this letter or any of this info prior to the hearing, they just said they were wetting aside!). I decided to just keep it simple as getting set aside is the most important thing to me. I have asked the judge to send me a copy of the letter, which he agreed. I am now going to get on with the long task of having this debt ruled un-enforcible!


    Man thanks to all



  5. Hi Santos,


    Cool name by the way and ironic as that's how Bart got into credit trouble! lol


    Anyway as for my SD i received the paperwork through a couple of days ago to say i have a hearing on the Th May, not sure what to do to prepare though so i need to find some time to read through the threads.


    Sorry to hear about your new SD, (on and on and on.......) I would at least put a CCA request in straight away as the longer they've had reply the worse it looks for them when you apply for the SD to be set aside.


    Good luck and if you've got any tips for my hearing don't be shy!;)





  6. Good morning Guys,


    Thanks again for your replies. I know realise what an S10 is, i actually sent one last week to HSBC i just didn't realise it was an s10 if that makes sense?:|!

    The thing is I've heard/read that the IC has been taking the lenders side recently when it comes to processing default data. 2 of the lenders i am 99.99% sure have no credit agreement but my HSBC loan i know they do, The loan was settled last April and i have sent a S10 from a template on this site(curlyben's i Think) so am wondering what course of action to take as it seems the IC is as much use as a chocolate fire guard lately!


    Is it looking like court action for all of them? what do you think guys?





  7. Hi All,


    i am just picking up on some defaults that I've been battling but kind of gave up on last year after getting dis-heartened. The event that stopped me in my tracks was the Information Commissioner rejecting my complaint.


    I complained on the grounds that the banks in question is recording data without my consent as they have failed to furnish me with a copy of the original credit agreement or any proof that they had my consent to record data on me within the prescribed times.


    The Information Commissioner replied with the somewhat surprising response as follows;


    "Unfortunately from information you have provided us this is not an issue that we can assist you with.


    This is because you have made your request for a copy of your credit agreement under the consumer credit act. The information commissioner does not regulate or advise on the consumer credit act.


    In order to pursue this matter i would advise you contact the office of fair trading.


    I am sorry we're not able to help you."



    Now as far as I'm concerned and from what i have read this is th Information Commissioner's issue. The bank are recording information on me without consent. Am i wrong??


    What should i do guys? I've just put in CCA requests again and intend to see it through till the end this time. i want to be prepared for the next stage when they don't reply, should i just go to the OFT this time??





  8. Hi All,


    Hope all of you are weathering the storms! I am in the process of writing my set aside order but need some help I'm afraid! I have as follows so far(which I've basically copied and pasted from other various threads:) )


    "(1)I do not admit the debt as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a debt when such pressure is contrary to the OFT Debt Collection Guidelines.

    The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. The prescribed period as stated in SI 1983/1569 Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 is 12 working days. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues.


    My request under s78 of the Consumer Credit Act 1974 was sent to MBNA Bank on 20th April 2007 by recorded delivery, and again to Connaught collections UK Ltd, the debt collection agency who claim to be dealing with the alleged agreement and have raised the statutory demand. The initial request was received and signed for on the 23rd April 2007 and the second request was signed for on 3rd March 2008. At this present date Connaught Collections UK Ltd have had :confused: working days to comply with the request made, and are therefore in default as stated above.


    Further, I believe that the amount of £2696.30 referred to in the statutory demand includes a substantial sum of unlawful penalty charges. Connaught collections UK ltd nor ST Credit (finance) Ltd have not provided further information regarding the charges they have added to the account despite my requests by telephone, and still have not provided a statement of account (as requested under s78 CCA 1974)."


    The help needed............

    I'm a bit stuck when it comes to the dates for the CCA request etc.

    The ST request i put in last year was to MBNA and i didn't know at the time the debt was sold to ST Credit so I'm afraid this request won't stand, the other requests(1 to Connaught, 1 to ST credit) have not had their 12 working days lapse yet but if i wait for them to lapse then my 18 days could have run out as the SD is dated 25th Feb 2008, what do i do????


    Also, if the SD does get set aside where do i then stand with the debt? because ultimately i want the default removed.


    Many Thanks



  9. Hi chicken,


    I am by no means an expert but as far as i know and backed up by everything i have, without an agreement the debt is unenforceable, verbal contract not worth the paper it's written on and all that!

    If they have actually acknowledged that they have no Credit Agreement you have a very strong case and they basically have no case at all, so don't lose that letter!!:D i would suggest starting a new thread as you will get a much better response from the guys on here. in the mean time refuse to speak to them on the phone, only liaise in writing best of luck!





  10. Hi Tom,


    Your right about DCA's and their thingies!! I will get on with my set aside 1st thing tomorrow, I've been reading some of your old(and wise!) post and found this;


    "I apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of a debt when such pressure is contrary to the OFT Debt Collection Guidelines."


    should i put this in my set aside request? or should i ad to it as well?


    Oh, FYI I have also written a CCA to 1st credit which i will post special delivery tomorrow. Should i put in a request to 1st credit for a statement of account??


    thanks as always




    P.S. Denver, i have posted you a link on your thread to a really useful thread that i found, hope it helps!

  11. Hi all,

    I've just read this thread from front to back and found it quite inspiring, not to mention nerve settling!


    Congratulations user56565! I am going through the same process at the moment against 1st Credit with the help of tomterm and some other helpful members(link below if anyone interested) i was just wondering how santos L helper got on with your SD? i also wanted to know what is the result if the SD is set aside? is the debt squashed or is it just that SD and the whole palaver starts again?:rolleyes:






  12. Hi Tom,


    Thanks for coming back to me on this. The SD says: The demand is served on you by the creditor name: 1st Credit (finance) Ltd.


    But it is signed(PP'd) on behalf of Mr D Silcock of Connaught and it states;

    I am authorised to make this demand on the creditors behalf.

    Connaught collections UK Ltd. Airport House, Purley Way, Croydon,


    So I'm not sure how to read into that.:confused:


    Also upon digging out some old Connaught letters I've noticed that the supposed sum due under this agreement seems to have changed from £3346 down to £2696, Why would they do this? On my credit file the default balance is £3346 but the outstanding balance is the £2696. Now i have not paid them a penny so why the change? Would this help my case to get the default removed on the basis that the value was wrong??


    I'm getting confused!!:confused::( What do you think?





  13. hi guys,


    i agree with you baileyboy but the problem i see with asking for it to be set aside is by doing this I'm acknowledging receipt of the SD where as at the moment they have no proof i received it as it was sent 2nd class post. You see my quandary? Just to clarify, the SD was prepared by Connaught on behalf of 1st credit.



    Anyone Else's views would be much appreciated!






    P.s. Best of luck Denver, i hope you get a good result too. from what I've read i very much doubt the would take the SD further than an idle threat if the debt is below £1000 because the associated cost of a bankruptcy petition is more than the debt!

  14. Hi all,


    I trust your all well?........good:) ! OK, a bit of an update and a bit more advice please guys.

    After sending the CCA letter to Connaught i have received a very speedy reply from them indeed.


    They would have received my CCA request on Monday the 3rd and this reply letter was typed the same day it basically reads as follows;


    "The content of your letter has been noted. However we write to inform you that our files have now been closed and returned to 1st Credit Ltd.

    We would request that all future correspondence in relation to this matter is forwarded to their offices"


    I called them today just to confirm when they closed their file and it was closed on the same day they received my CCA request, the 3rd. Now i can't understand why they have closed the file while there is an outstanding "statutory demand" with 12 days till expiry and closed so promptly upon recieving my request?????:-?


    My question to the more experienced guys is; is the SD still relevant and should i still put in a set aside request or is the whole thing redudant? and what should my next course of action be?


    Many Thanks to you all



  15. Hi Tom,


    Thanks for returning to this. So an SD can not be displayed publicly(credit file etc) or other lenders be informed of it etc???

    I have written the CCA but should i amend it to also request the deed of assignment and statement of account before i post it or is the credit agreement enough for now? I'm guessing the more i ask for that they don't provide the stronger set aside case i have, would you all agree?


    Many Thanks



  16. OK firstly a huuuge apology as i said i would leave you alone for now but I've just read that article on the UK insolvency helpline that you posted me and it's got me worried again!


    My area of concern is as follows:


    Many creditors are so shrewd that use various internet websites to let the banks, credit reference agencies and other public interest groups to publicise the statutory demand which can be disastrous for someone.


    When is a statutory Demand a threat?

    A statutory demand is something to worry about if your debts are over, say, £1000.

    If your reputation is at risk by the public finding out about the statutory demand process being started against you


    This is what I'm worried about as i said earlier because I'm now a registered mortgage adviser. The SD clearly work as i am thinking of paying it somehow! is an SD a public record that they can put on your credit file etc as stated in the quote? i just can't afford for that to happen.




    a worried Carl

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