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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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Fossell

1st Credit / Connaught Collections - what next?

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Hi there,

 

Firstly, sorry if this is in the wrong section. I couldnt find where to put it so I referred back to the original creditor Barclaycard. Feel free to move the thread.

 

1st Credit bought my debt from Barclaycard a while ago. I was unable to make repayments and they wouldnt accept my offers. they started getting heavy with threats so I did a CCA request via 1st Credits collectors, Connaught.

 

I asked for it on the 1st of May. They acknowledged receipt and said it would take longer than the 12 days as specified by the CCA.

 

I have still not heard anything. What do I do next? Should I keep making token £1 payments?

 

Thanks for any help.

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way over due:rolleyes:

 

click the blue DCA

and send template 20

 

account in dispute tell them so

 

you are entitled to stop payments untill (if ever) they produce

choice is yours.

 

SAM:pLOWELL DETESTER


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Thanks sam. Should I send this even though it was Connaught I sent letter to and not direct to 1st credit?

What is likely to happen once I send the letter?

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Hi Fossell,

 

If Connaught have acknowledged the CCA request, keep dealing with them but send copy letters, including a copy of the CCA request to 1st Credit.


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Im filling out my 'failure to send CC letter'.

 

The date I put here:

 

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

Is that 12+2 'working' days from the date I 'sent' it or from the date they 'received' it?

 

Also I didnt request an SAR from them as I have all my statements. Should I remove the following from the Account in Dispute letter?: 'In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.'

Edited by Fossell

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It's 12 working days plus 2 more for them to receive it - ie 14 working days total.

 

I assume you've found a suitable letter to tell them the a/c is in dispute.

 

:)

Edited by slick132

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hi there

right im back on this one now.

the cca is wayyyyyyyyy overdue.

i did find a suitable dispute letter and will post it tomorrow.

 

i presume i dont need to do anything further with this at this point.

there are charges that i would like to claim back but theyre a fraction of the amount owed.

so i presume best to leave it now.

 

as they havent repsonded, where does this leave things legally etc?

could they respond and enforce later?

 

at the moment they simply acknowledged my request back in June! and said no action will be taken at that point.

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Hi Fossell,

 

As they've gone quiet on this, why send them the dispute letter.

 

It's clear the a/c is in dispute, whether you've told them so in writing or not. Let sleeping dogs lie !! Otherwise, they'll be back, snapping at your ankles again. ;)

 

However, I would pursue the issue of penalty charges added to the a/c because BC will only supply data going back 6 years from the SAR date. So, unless you have all your old statements already, send off for them now.

 

If you claim Interest in Restitution, this should make a larger dent in the a/c balance if you are willing to see the claim through to court. BC will normally only agree to settle just before a final hearing date.

 

Was there any mis-sold PPI on the a/c ?

Edited by slick132
typo

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Hi Slick,

 

My sentiments exactly. why remind them. I just assumed a dispute letter made something legally binding etc?

 

To the same degree wouldnt filing for penalt charges just remind them about things!?

The charges arent too much compared to the balance owing.

 

I have all my old statements and there was no PPI.

 

whats interest in restitution?

 

Cheers

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I just assumed a dispute letter made something legally binding etc?

Haha, BC don't do Legally Binding - they pretty much ignore anything you say, until you have them pinned up against the wall of your local County Court.

 

If you hover your mouse over the blue words, a little info box pops up.

 

For more about restitutionary interest, read the Interest Tutorial at Link No6 in my signature below.

 

Filing for penalty charges may well arouse them but this is unavoidable. At least you can prepare all your figures in readiness, without them calling every 5 minutes. :)

Edited by slick132
typo

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Connaught Collections UK, Ltd. provides credit management and debt collection services. It also offers litigation and insolvency services. The company was founded in 1993 and is based in Croydon, the United Kingdom. As of December 23, 2005 Connaught Collections UK, Ltd. is a subsidiary of 1st Credit, Ltd.


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I came into this world with nothing and I still have most of it left.

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Hi Are you saying if the CCA is not provided you are going to pay what you "morally owe" or are you going to stick to the letter of the law and say without a signed cca the debt is unenforcable and fight any attempts to put a CCJ on you.

 

You only sound half committed.

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hi,

back on this now. Connaught finally sent me some stuff and are chasing again for payment. though everything they sent is a year overdue??

Theyre now offering if I pay 40% of debt in June they'll write off 60% etc etc. but then it redudes to 50% in july and so on

 

will post more soon when ive read it all

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