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Hello to everyone out there, I have spent the whole weekend reading miles of advice and am still confused even there have been similarities mentioned to my situation.

I have just received an SD from Connaught Collections regarding a £5,800 debt with HFC.

A number of years ago I took out over the phone a £6,000 loan with HFC and for about 4 years paid £105 per month.

Having got into difficulties I stopped making repayments and received a demand for £5800 and a separate one for £2311.47.

I wrote to Cap Quest Debt Recovery requesting more information as by my reckoning a good part of the debt had been paid off.

We corresponded for about a year and they kept saying they were looking into it. I always aknowledged that there was some indebtedness and at one point offered them £25 a month while it was sorted out.

On 3rd October I received a letter from 1st Direct to say that they had bought the debt for £5800, because of the postal strike I received this on 15th October and replied immediately seeking further clarification and offering to pay £25 per month while it was sorted out.

On 25th October I received SD from Connaught and rang them (oops I hadn't found the site at this time). They said there was no time for querying amounts and unless I paid in full or paid £500 per month and phoned them on wednesday with my decision it would go straight to bankruptcy proceedings.

On Saturday morning I sent a CCA letter to both Connaught and 1st Direct (+£1 postal order).

I am about to go into hospital tomorrow and just can't help worrying about what will happen. Help, what do I do next?

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Speedy you need to get the SD set aside quickly. There is no way a judge will allow a SD to proceed to bankruptcy if there is a dispute about the debt. You need to post this in the debt forums where there are lots of experts who will advise you. How long are you going into hospital for? I believe you have 14 days to get a set aside.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I will ask that it is moved over, you will get an email regarding this, hope this helps

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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http://www.consumeractiongroup.co.uk/forum/general-debt/

 

It is here - I just think you will get more help there. Best of luck. You are in good hands

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Dam that Connaught Collections !

 

They are using the Bankruptcy route as a threat, thats like a bailiff with a shot gun, you have no alternative but to drop dead.

 

I HATE Connaught Collections .

 

The government needs to get rid of Bankruptcy and or introduce tighter legislation so that ROGUE FERAL DCA's like the one above can not use that as a weapon. IT MAKES ME SICK! BAR STEWARDS the Lot of them

 

I AM SORRY YOU ARE SUBJECTED TO SUCH DISGRACEFUL BEHAVIOUR

  • Haha 1

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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First things first.

Connaught are well known for using SD's as a scare tactic.

 

NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

 

While the CCA request is in operation you need to make a move on getting the SD set aside.

 

Have a read through this thread for further information: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112326-debt-collection-agencies-statutory.html

Be VERY careful whose advice you listen too

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I wrote to Citifinancial to ask for account details for 2 past loans that are paid up. They wrote back with 1 account number and asked for £22.50 to administration for details. Should I SAR them with £10 or can I CCA with £1. What would be best? These loans were quite large and secured on the property, so must be something to comeback from these thieves.

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Hi, as it sounds like your loans were probably more than 25k I suspect they are not covered by the CCA1974 which is why they are asking for more than the £10 or £1. Probably you need to send them the £22.50 if that is the case, but that doesn't mean you can't challenge their charges - you will need better advice than mine on the lawfulness situation

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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A S.A.R. is exactly what it says...irrespective of any monetary value of the accounts that the Subject has with the financial institution.

It is covered under the DPA + as such, there is a max Statutory admin fee of £10 which can be asked for.

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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