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Connaught / 1st credit the usual...


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Hi

 

Dont worry about the £1.

 

If they wish to give you the cash back its there problem. The clock is ticking

 

 

HAK

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  • 3 months later...

my daughter sent CCA request back in July. then yesterday she had a letter from a solicitors called Dzimitrowicz York.Usual huff and puff then offering them a huge discount on the alledged debt if they get in contact within 10 days! A letter reminding them of the outstanding CCA is on its way ( thanks to Curley Ben) so do not be suprised if this one comes through your letter box!

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As you CCA'd Connaught, it's their duty to pass this request back to 1st credit with their file regarding the matter...Just remember to keep any letters especially the ones referring to the CCA request for possible future use.

 

1st credit have a nasty habbit of letting you think they've forgotten about you then hitting you hard with a pile of threatening letters, calls etc...

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If you have a few hours to spare, you might want to read through my own thread re: 1st credit, here's the link:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/92556-help-again-please-1st.html

 

It might help you understand and be prepared for what you might be up against ;)

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  • 3 weeks later...

You need to report them to Trading Standards ASAP as they've committed a criminal offence by not supplying you with your CCA. They're also breaking OFT guidlines by persuing you for a debt 'in dispute'. Here's the link for TS:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

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Would be a good idea to keep a record of all the calls and fire off this letter if you haven't already done so.

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

Amend to suit and don't sign it, just print your name and of course send it via recorded mail ;)

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OK so Connaught / First Credit are now Psychiatrists are they ? What are they going to say ?...oh yes you're right we feel we are harrassing you.....Harrassment affects people in different forms....They have written here what suits them, ignored your bona fide request for a CCA.....bear in mind it is considered an unfair practice to continue to chase a debt whilst in dispute !!! I would send that letter to the OFT, with your own letters...and also write/or email your MP too....

 

This is straight from the OFT guidance on debt collection...

 

Section 2.8 -

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

disputed debt.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

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

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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