Stat Demand From Connaught Collections Uk Limited

[42man]

ok MH.....I need to get somebody to take a look....do not send them anything at the moment....did you request that all correspondence should be in writing and that any calls made to you would be regarded as harrassment and treated as such, if you did write down the date and the time they are calling you....

[42man]

Without going through your thread in detail has it been at least 6 years since you made any payment towards the debt ? if so it is staute barred...(as you probably already know) if this is the case then the stat barred letter should be sent out...

[42man]

ok it seems you have sent the stat barred letter....

 

Write to them again and say that as this debt is statute barred you will not be making any payment towards it. and quote the OFT's 2.14 (b) (from the debt collection guidance) that states...

 

It is unfair...

• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

State that if they continue to pursue you you will report them to the OFT, FOS and Trading Standards for harrassment...

[42man]

Use this one courtesy of Curlyben

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear sir/madam,

 

Thank you for your letter of the DATE, the contents of which have been noted.

 

I refer you to my letter of DATE, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence for your perusal and ease of reference.

 

 

As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute.

 

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.

 

 

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

As was stated in my last letter, any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003.

 

 

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

 

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[mh1234]

Without going through your thread in detail has it been at least 6 years since you made any payment towards the debt ? if so it is staute barred...(as you probably already know) if this is the case then the stat barred letter should be sent out...

As far as I am aware it has been 6 years since a payment was made. As far as I am concerned it's up to them to proove otherwise. Stat Barred letter already sent out but they are still making demands both in writing and phone calls.

[42man]

MH they are trying to scare you....they have to address the stat barred letter that you have sent....don't panic...but DO write down all the calls they make to you with the time and date (DO NOT TALK TO THEM)....or if you feel cheeky just record the call (if you can)....

[mh1234]

ok MH.....I need to get somebody to take a look....do not send them anything at the moment....did you request that all correspondence should be in writing and that any calls made to you would be regarded as harrassment and treated as such, if you did write down the date and the time they are calling you....

Thanks 42man. All I have said to them is that everything should be in writing from now on as I have raised another query. I didn't go in to too much detail ie. harrassment. But said I wouldn't be discussing this any further over the phone. They have called 3 times today. They also called last Sunday at approx. 3pm.

[42man]

I have asked somebody to look at the enforceability of the agreement just in case, but if it is statute barred then you have NO worries at all....

[mh1234]

I have asked somebody to look at the enforceability of the agreement just in case, but if it is statute barred then you have NO worries at all....

What got me was the fact that they supplied an edited copy and not the complete one. I just want things done properly and not be cheated in any way. If the out come is not the one I would like, then so be it.

[firstwithit]

I would be very wary of what I read into this that they might be trying todo, i.e. cobble up a signed declaration of some sort that will be dated before it became statute barred and signed by you!

[Curlyben]

1st Credit as ever are talking untruths.

If they are not 100% sure you are the correct person then they shouldn't be demanding payment on this debt.

Send the letter 42man posted and make them prove this debt is valid and collectable.

If they came back with yet more demands then reports should be raised with TS and OFT.

[mh1234]

Four months later and still no evidence that this is not Stat Barred they are at it again. They have sent me another letter, this time from their Audit Team letting me know that my case has been handed over to their Pre Legal Team. They are still telling me that it's not too late and if I phone them and make arrangement for payment there will be no need for court action. So after me writing to them stating that this is Stat Barred and asking them to prove otherwise, which they haven't, they are still harrassing me for payment. Advice on my next move would be greatly appreciated.

[Curlyben]

Take this to Trading Standards and DON'T contact them at all.

[42man]

This is typical....1st Credit completely ignoring what you have sent them....

 

LETTER BEFORE ACTION

 

Dear Sirs/Madam...

 

I find myself having to write again, I am now under the impression that this would seem to be a personal crusade on your part...I have written to you stating that this alleged debt is statute barred.

 

I will now state that ANY more contact by yourselves will be regarded as harrassment and treated as such. I am completely aware of the OFT's guidelines on debt collection, I am surprised that you obviously are NOT.

 

Physical / Pshychological Harrassment

 

2.6 Examples of unfair practices are as follows:

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

Deceptive and/or unfair methods

 

2.8 Examples of unfair practices are as follows

k. not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

2.14 (b)

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

I wrote to you on XXXXX which was received by you on XXXXXX

 

What I require from you:

 

Compensation for the continued harrassment by yourselves and the time I have had to spend writing to you.

 

A personal letter of apology from your Chief Executive

 

Confirmation that you will NOT continue to harrass me for a statute barred debt. I will not be making any payments towards any alleged debt that is barred by statute

 

If I have to write to you again, I WILL charge you £12 for each occasion.

 

This is an official complaint, If I do not get a response within 14 days, I will report this to the FOS, TS and the OFT and my local MP.

 

Yours sincerely

 

(type - dont sign)

[42man]

And a massive welcome back to Ben...FANTASTIC to see you !!!

[mh1234]

Thanks Curlyben and 42man. Much appreciated!

[mh1234]

Take this to Trading Standards and DON'T contact them at all.

Not even a letter?

[Curlyben]

Yes indeed.

You have already told them what would happen if they continued to press for payemnt, so stop pi$$ing about and report the feckers.

[mh1234]

Yes indeed.

You have already told them what would happen if they continued to press for payemnt, so stop pi$$ing about and report the feckers.

Will do Curlyben but will Trading Standards contact them and take action on my behalf?

[mh1234]

I have today received another letter from 1st Credit. They are now threatening me with a Charging Order on my property (They have checked with the Land Regitry and have found out that I own it). After all my letters they still won't back down. This debt is in dispute and they have not complied with my request to prove to me that it is not Statute Barred. Some advice would be appreciated as it is now starting to stress me out. Has any one else had experience with this? Are they likely to be succesful in obtaining a Charging Order even if the debt is in dispute?