Debtcontrol V BarclayCard / Connaught

[Debtcontrol]

Hello,

 

I have to say this forum is an excellent resource and I will be contributing to the cause when I get paid next!!

 

I made up my mind last week to stand up to these CRA's who have, after reading advice on here, been threatening me with hollow threats for months, if not years.

 

I have 9 CRA accounts, a mixture of credit cards & loans. The majority of these defaulted in 2003, a couple defaulted in 2004.

 

My original post is here -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205013-paying-back-various-amounts.html

 

It is worth noting that I have never had to sign for any recorded/special delivery post from the lender or CRA.

I have also never received a Default Notice, or Notice of Assignment.

 

I have CCA'd all CRA's and cancelled all DD. Payments will be made by SO for £5 per month until it’s legally enforced for me to pay more. (I am confident that my financial circumstances are dire enough for them to have no joy if they wish to pursue through the courts).

 

 

This thread will talk about my battle with Connaught Collections & the credit card they say they are pursuing.

 

Thanks for reading, more to follow!!!!

[Debtcontrol]

Sent off CCa request on 20/06/09, no reply yet.

[Debtcontrol]

Had a CCA acknowledgement from Connaught collections today. Looks like they are collecting on behalf of 1st Credit.

 

They advise that it may take longer than usual, due to them requesting the CCA from the original lender, however, I assume the 12 day rule applies regardless from their letter dated today?

 

Thanks for reading.

[Debtcontrol]

Hello,

 

Had an interesting letter from Connaught today.

 

Its in response to the standard 'Account In Dispute' letter I fired to them on the 10th of July 2009.

 

Their response in the in PDF attached.

 

 

My letter, is typed here -

Connaught Collections UK Ltd.

Airport House,

Purley Way,

Croydon,

Surrey,

CR0 0XZ

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxx

 

Date: 10th July 2009

 

ACCOUNT IN DISPUTE

 

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 20th June 2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 22nd June 2009. I have electronic proof of delivery if you require a copy.

You have failed to comply with my request, and as such the account entered default on 9th July 2009

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 you/your client enters into a default situation.

 

This limit has expired.

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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, or agent acting on his behalf, 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.

Please note that no communication will be entered into by telephone. Only communication by letter is now acceptable. Failure to adhere to this will constitute harassment and will be reported to the police as a breach of the Protection from Harassment Act 1997.

It is also worth noting that any attempt to contact me or associates via telephone will also be reported to OFCOM, Office of Fair Trading and Trading Standards as a breach of the Communications Act (2003) s. 127. I trust this clarifies this matter.

All payments to you and/or the original creditor have now been ceased and will not commence until such time it is judged in a court of law that it is lawful to do so.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

 

 

 

Any advice on whether I need to respond would be great.

Thanks.

 

[Debtcontrol]

Guys, does anyone know if I need to respond to this letter from Connaught?

 

Thanks.

[IdaInFife]

no response needed as they say they will contact when they have the cca

 

ida x

[Debtcontrol]

no response needed as they say they will contact when they have the cca

 

ida x

 

Hi Ida, thank you.

[Debtcontrol]

Not heard anything from this in a while until last week and this, 1st Credit now seem to have this account.

Got what looked like a fishing letter last week from them, ignored it.

Received today in the post, a 'Legal Proceedings' letter from 1st Credit.

 

Now, I know Connaught couldn't have sold on my account and let someone else proceed with it, as they told me they wouldn't in their last letter , but it looks like 1st Credit aren't playing the game.

 

I'm inclined to ignore this also, or send them a letter explaining the dispute and their breach of regulations etc. etc.

ANY THOUGHTS / ADVICE?

[spamheed]

For the record, Connaught and 1st Credit are the same company, the debt hasn't been sold or transferred, it has just been moved to a different desk

[Debtcontrol]

Excellent news, thank you.

So they have progressed further action. Does anyone have a template for a formal complaint at all?

This bunch of jokers are being reported.

[Debtcontrol]

I have now received a couple of letters from Judge & Priestley warning me of legal action if I dont settle the debt.

Are these in-house guys for 1st Credit?

[victoria_siempre]

Hi Dc

 

Not in house - goons for hire:

 

"Whilst a letter from a Debt Collection Agency may have some effect, the fact that we are able to carry out our threat of issuing proceedings immediately means that debtors usually take notice of our first approach." http://www.jpcreditsolutions.co.uk/

 

x

 

v

[alfwithhair]

There is always four elements to the 1st credit collection process.

1st Credit/LCS Solicitors/Connoughts/Judge Preistley.

They constantly pass the account around between themselves to give the appearance they are some highly organised, professional outfit, when in fact they don't know their arse from their elbow.

 

I have over 200 letters from these four clowns, that was Barclaycard too, they huff and puff to try and impress but have done nothing apart from send letters which I now ignore and the odd phone call to which they are greeted with @@@@ @@@.

 

Until they supply what you asked for ignore them

 

Their website offers services such as this

 

LBAs only £2 inc vat.

A letter before action sent on Solicitor’s letterhead can nudge your debtors to pay their outstanding debts.

 

What you have received is such a letter.

 

Have a read of my thread on these muffins

http://www.consumeractiongroup.co.uk/forum/showthread.php?115666-Alf-v-Barcalycard-RMA-1st-Credit-Connoughts-Now-Mack-Hall&highlight=ALF+v+rma

 

Is a long one but gives you an insight to the adventures that await

[Debtcontrol]

Alf, thank you very much.

This has put my mind at ease somewhat.

On the basis of what they have submitted to me thus far, they do not have much to go on.

Thanks again, will have a read of your link.

DC.