Jump to content


  • Tweets

  • Posts

    • Bankfodder, I don't understand why you think that I am trying to cheat them. It is in the best interest of the landlord to have a tenant occupying the property rather than having it vacant. But having it vacant is better than having a 'bad' tenant - there are plenty of horror stories. As a landlord, you don't have a lot to rely on before you let some occupy the property so how the tenant behaves leading up to signing the agreement is important.    I have had other issues with the agent which I didn't want to elaborate here that led me to terminate the contract as soon as I rejected this tenant. But ultimately the law is law and if my interpretation regarding the 2013 Regulation is correct, this should be straightforward and we don't even need to rely on the other clauses. I'll see how it goes.
    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
  • Our picks

connaught collections/1st credit/rbs debt 2 * SD's!! alerady


Please note that this topic has not had any new posts for the last 4472 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hi there everyone.

i have been paying connaught now for nearly 2 years for a debt from 1st credit/ royal bank of scotland.

 

i have adhered to payment plan and paid via a payment booklet at Barclays

 

.i have in this time received letters evry other month saying account is in arrears

when i have actually paid the sum due monthly.

 

this i have always ignored as i have proof of payment every time!!

 

however i have now received by second class post a statutory demand

saying my payment plan has been not adhered to and have to respond within 18 days (due next week)

 

i have seen various threads on here that seem differing.

 

can anyone advis me on this matter as to whether i should respind to connnaught?

 

if so what should i say.i have my own house that is mortgaged and a secured loan on it too.

 

the house is also shared ownership i.e 50% mortgage and 50% rent.

i have other debts as usual with anyone that are being paid regularly.

all advise would be appreciated

Link to post
Share on other sites

1st Credit/Connaught are just despicable...there you are paying off via a plan, and despite keeping up with payments they send you a stat demand...this is wholly unreasonable....

 

Firstly send them a request for your Consumer Credit Agreement....(if this is a credit card or a loan).....do this by recorded delivery and enclose a £1 postal order

 

Send them letter 'N' from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Next you need to get the statutory demand set aside at your local court within 18 days of you receiving the demand

 

Keep the envelope that they sent you the demand in as delivering a stat demand by 2nd class is an abuse of process !!!

 

You now need to dispite the whole debt (despite you having made payments under duress from them)...

 

Have a read here....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

You could defend this due to the non production of your Consumer Credit Agreement.

 

The fact that the statutory demand has been delivered second class.

 

You could also say that the debt is disputed due to non production of a notice of assignment, a lack of a default notice and the fact that the debt could be made up of entirely excessive charges....

 

When you go to your local court you should also claim your costs too for the time you have spent researching the Insolvency law, your fuel costs and time off work....!!

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

You need to download forms 6.4 and 6.5 from here:

 

England and Wales Forms

 

Take them to your nearest county court, check that they deal with bankruptcy first as not all do. You can swear the affi. at the court free and the staff should be helpful and guide you through the process.

 

With the CCA request letter, use a £1 postal order for the fee, DO NOT SIGN IT, print your name, keep a copy of your letter with a copy of the PO serial number (to check if they cash it) and your postal receipt, send recorded delivery.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

thanks for the information.

 

unfortunately i do not have the envelope in question but know that it was received five days from date of postal/service.

 

i originally rang them when i got a demand saying they were going to do the same procedure

nearly two years ago!!i

 

wrote to them with an income expenditure plan and agreed my repayments.

 

this took nearly 5 weeks fo them to agree.

 

they served the SD by hand whilst i was on holiday that time.

it was a loose document and no envelope.

do you think they are chancing their arm again??

 

i will send CCA as i much more genned up after reading on here about cases of a similar nature.

 

to date i have no evidence of what the debt is for despite paying it off!!!!

do i still need to ado the court thing?

Link to post
Share on other sites

Did they push the older SD through your letter box without an envelope or hand it to someone else?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

the old one was pushed through letterbox

and was on my doormat when returning from holiday nearly two years ago.

 

the latest was posted and received approx 5 days later.

 

as i am a postman that means 2nd class to me.

 

it was in a large envelope with a business service mail franking that i do remember.

 

5 days is second class in my business.

Link to post
Share on other sites

Acknowledge nothing to connaught.

 

They breached OFT guidlines SERIOUSLY when serving the other SD:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

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

disputed and continuing to make unjustified demands for payment

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

 

Request their formal complaints procedure and make a complaint. I know it's a long time, but you have only just been made aware of the serious nature of the breach and your rights. It may well pull them off you too ;)

  • Haha 1

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

ok so i just send the cca to them?do i also ask in a letter for their formal complaints procedure at this time when i send the cca letter.?

I have found the two letters for court on here do i still need to send these?

Link to post
Share on other sites

You request thier complaints procedure in a separate letter, remember don't sign anything ;)

 

You have to go to the county court in person with the SD set aside forms.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

thanks again.i am sending the cca tomorrow recorded delivery.i will send another letter asking for complaints procedure separately.

once agin i want to confirm that i do not need to respnd to the chap who sent the sd and has said that i must reply to them within 21 days to acknowledge receipt of this?

Link to post
Share on other sites

You deal with the court for the SD set aside you don't have to confirm anything with connaught at all. The court will notify them you're applying to get it set aside etc...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

How can the issue a SD when you are in a payment plan.

 

You want to demand in your set aside that they are brought to Court and anserable to these threaterning SD.

HAK

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...