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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Connaught/MBNA


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Hi all,

 

Discovered this website today following research into a letter my ex wife passed me yesterday.

 

I have had the Connaught letter saying they are about to issue a statutory demand but this letter has gone to an address i have not lived at for 5 years.

 

I am interested to know if Connaught follow up on their letters, issue demands and can they Bankrupt me at an address i do not live at???

 

I have the classic dilemma everyone seems to have in that whilst i have made no payments or contact on the account mainly due to inability to pay and post divorce depression/relief and from what i can remember any debts would be six years old (more or less old).

 

Following reading all of the connaught postings i dont really want to write to acknowledge the debt as it means another 6 years of misery and would give them my current address where i am not yet on my feet at.

 

I think if they issue the SD to my previous address i will have to request original copies of the agreement and see what this relates to and by how much this alleged debt has been bumped up.

 

Would i be better off just ignoring the stat demand if they issue it as whilst my ex lives at the address i do not???

 

Has anyone got experience of the full cycle of this stat demand thing that connaught use.

 

I am keen to hear from anyone who got the connaught demand and what happened next?? Did they issue a stat demand and then start bankruptcy proceedings??

 

At what stage should i do the letter demanding copies of the agreement/statement showing how they arrive at the astronomical figure the letter quoted???

 

I could just ignore the letter but i dont want more problems with my ex as we have children and communications have only just recommenced after CSA problems????

 

If anyone has been through the full cycle of this stat demand issue i would be grateful if they could post a reply.

 

Like i said this debt is 6 years old and should be time barred by now but i dont want to do anything that would start the clock again or jepardise my relationship with my children.

 

It does seem from reading all the other connaught postings they wouldnt have the information if i requested the agreement and statements but i could do with hearing from someone who has been through this process.

 

Sorry to ramble but im a first time poster/user and needed to get this off my chest.

 

Any replies would be gratefully received.

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Hi and welcome to the forum!

 

First of all don't panick. Connaught send these letters out genericly. What you need to do is remember that you should NEVER discuss anything on the phone with them - NEVER EVER!

 

The first thing you need to do is to send them a CCA request. You can find a letter template in the templates thread - letter N is the one you need.

Make sure you put in the letter ' I DO NOT ACKNOWLEDGE ANY DEBT TO YOU' and enclose 1 GBP cheque or postal order which will be the statutory fee.

Send the letter recorded or signed for delivery and keep the postage slip (recorded delivery is 1 GBP and Signed for is 5 GBP I think).

Connaught have 12 + 2 working days after they have received your letter to reply.

DO NOT give into threatening or scaring techniques like letters, phone calls, etc. If they try to call you just say you will not discuss anything over the phone with them and hang up.

They might keep on sending threatening letters - IGNORE them! If you have not made any payment on this debt it is probably statute barred. There is no way of knowing from the information you have given.

Once they fail (IF they do) to provie properly executed credit agreement they have defaulted and failed to fullfill their obligations under the Consumer Credit Act. After that they have 30 calender days to provide the dicuments. If they fail againt they will commit offence.

Now in case they DO manage to provide the documents, which would be the properly executed credit agreement, terms and conditions and deed of assignment (be aware though that they are NOT oblige to produce this last document), then you will have to set up some sort of payment plan with them.

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Aphaomega, I would be tempted to send letters back saying not known at this address. Perfectly true as you do not live there. Let them find your address. When they do, then request your credit report from all 3 credit reference agencies (£2 each) to see if the debt appears (if it doesn't then odds on you are over the 6 years).

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Hi all,

 

I was just going through the documents again and I have noticed that Connaught Colections have actually sent via the post (their first letter to contact us) a Statutory Demand under section 268 (1) (a) of the Insolvency Act 1986, so I suppose our case is the same as ALPHAOMEGA.

 

Now, I want to know if this changes anything and if there is anything they can do against us? They have defaulted on the CCA on 30th March and will commit offence on 30th April. Is the situation changed in anyway?

 

Urgent comments are most welcome or I wouldn't be able to sleep tonight - cheers!

 

P.S.

 

I have read the other threads about setting aside the Statutory Demand but still it isn't clear if it applies in our case. The SD was sent to us before we've sent the CCA request and was also their first time they have contacted us out of the blue.

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Hi Everyone,

 

Thank You for the replies.

 

Am i correct in thinking the correct course of action is that when the SD arrives as it is going to the wrong address i should for the moment ignore it or get my ex to send it back saying they are 5 years too late and i dont live there??

 

Also if they decide to petittion after the SD arrives i could wait and see if they do this first and then defend the action and do the Subject action request???

 

I am sorry if i appear to be thick but i just want to ensure i get this right as it is important as i dont want problems for either me or my Ex.

 

The main advice i have taken from the site so far is that Connaught like many DCA's use the SD as an agressive tactic to get the 6 year clock running again so broadly speaking only reply to the SD when i have to and send the letter stating clearly that i an not admitting this debt.

 

The main concern for me is that i dont open up a hornets nest as they have got my wrong address but i need to be confident that if they do issue the SD that i can ignore it but if they petition i still have the chance to claim i have not been served correctly as this is not my address.

 

If anyone has been through the cycle and can tell me if they always petition or not that would be most helpful.

 

Thanks again for the various replies.

 

ALPHAOMEGA

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Hi All,

 

Just to keep you all in the loop.

 

I have sent Connaught a recorded delivery letter asking them to provide all the original documents signed by me along with the deed of assignment etc.( I was careful to make sure i included the paragraph about not admitting the debt).

 

I have also asked them for the name and address of the original creditor as i will be writing to them about sharing data with a third party that they have no right to do so.

 

I suppose whilst i feel the debt they have contacted me about might be nothing to do with me or statute barred i suppose i would rather deal with it head on and know one way or the other.

 

Either way they are in for a very hard time on a debt that is very old but i will keep you all posted at how i get one.

 

Thanks for everyones comments as its this that has made me fight the B***ards.

 

Reading other threads it may be difficult for them to come up with the documentation that is 6 or 7 years old anyway and if they dont i could do with considering my next move??

 

Any observations from anyone who has been through this situation with them would be most welcomed.

 

ALPHAOMEGA

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  • 9 months later...

Hi All,

 

Latest update on this MBNA Mess with Connaught etc.

 

As you guys know from reading my posts earlier in this thread i have been battling with Connaught and did a subject access request in November 2007.

 

The access request has never been complied with and i had not heard anything for several months.

 

All i kept receiving each month or so were letters telling me Connaughts client (MBNA) were locating the original document but alas this was never produced.

 

At this point i figured they must have dropped the issue as to be honest this account is well over 6 years old anyway.

 

Today i have received a card through my ex partners door asking me to contact a debt collector (as yet known only by the name "steve") and all the card has on it is an MBNA reference with no address or any other information on it!

 

My ex is going nuts that people are calling round to her and this is causing problems with access to my kids etc. which i can really do without.

 

I think MBNA have moved this account on again but i am reluctant to call the DCA as it means explaining the whole thing again from scratch!

 

Does anyone have any suggestions..........should i call this unfortunate "Steve" and tell him the debt is disputed and a S.A.R - (Subject Access Request) has been sent months ago recorded delivery and also the debt is statute barred anyway?

 

I was also thinking of writing to the financial ombudsman to complain about MBNA for ignoring previous actions/requests on this account or not informing new agencies they have instructed!

 

Your expert views or observations would be appreciated.

 

Thanks

 

ALPHAOMEGA

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I have moved your posts to it's own thread.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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shou ld i call this unfortunate "Steve" and tell him the debt is disputed and a S.A.R - (Subject Access Request) has been sent months ago recorded delivery and also the debt is statute barred anyway?

 

No don't phone him. That is exactly what they want.
I was also thinking of writing to the financial ombudsman to complain about MBNA for ignoring previous actions/requests on this account or not informing new agencies they have instructed!

You would need to go through MBNA's official complaints procedure first.
  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory.......Much appreciated.

 

At least everyone can read my previous posts now so they can see the history.

 

I was thinking of writing a letter to MBNA/Aplins/Hillsden telling them they are in default of my previous S.A.R - (Subject Access Request) but i have a feeling they will just refer me to each other?

 

I suppose it will do no harm to have documentary evidence that i have requested copies of the original documents conituously and this has not been provided but they are continuing their collections activities.

 

I think the arch villans here are 1st credit as they were the original people chasing this many years ago but they backed off then when i asked them for original documentation.......It looks like its them who have since passed the account all around the world.

 

The account is 7 years old anyway so i cant see they could issue court action for this now anyway especially as no one has ever dealt with the SAR request from November.

 

Any views or comments on my situation and what to do as a protective measure would be much appreciated.

 

ALPHAOMEGA

 

The last thing i need is another collecter going round to my ex's

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When you asked for the SAR did you quote your current address, being as you left your previous address 5 years ago? If you did then you have grounds for complaint against Connaught as they have not updated your records.

 

Have you either taken out any form of credit, informed any existing creditor your new address or appear on the electoral role at your current address? If yes to any then your credit record should show both your current address and your old address. It appears therefore that they are using address data transferred from mbna rather than actually checking what your credit file says your current address is.

 

PS. whoever cagbotted my earlier post before it was re-instated, I would never advocate returning post from an address where the OP was in occupation, but I certainly would not offer to do the work that these companies should be doing themselves, ie caggers are not unpaid dca helpers.

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Hi

 

Thanks for the reply.

 

I told them my current address on the recorded delivery S.A.R - (Subject Access Request) i sent to them last year but the problem is they seem very vague on the ownership and management of the account as they keep passing it around to different agencies and associated companies.

 

I am sure you are right and there are grounds for complaint.

 

The key thing for me is to stop these idiots calling round at my ex partners address and i think this can be acheived by writing to Connaught recorded delivery informing them the account they are chasing is 7 years old and they have not compied with the SAR from November last year.

 

Are there any standard letters that you know about regarding SAR default and statute barred debt that i can modify?

 

If you disagree with this approach let me know.

 

Many Thanks

 

 

ALPHAOMEGA

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html Templat M for statute barred letter http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html Also adapt the following

Dear Sirs,

 

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory,

 

Thanks for the reply.

 

Fantastic letter and links for my reply.

 

I will use the statute barred letter (My own version) and i think this will do the trick.

 

Thanks again and i will let you and the forum know how i get on.

 

Regards

 

ALPHAOMEGA

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