Connaught Debt, Please Help.

[oddmaker]

Hi All,

 

I had a debt from 1st Credit about 5 months ago so I sent them a letter saying please send me my signed agreement otherwise this debt isnt forceable. They sent me a letter back saying give us 4 weeks to send you the signed agreement of this debt, till this day I havent had my signed agreement sent to me then 2 weeks ago I got a letter from 1st Credit saying I can have 25% of this debt I owe to them. I ignored these letters and now I have a new letter from Connaught asking for the debt.

 

I need help on a letter to send to Connaught, can I send them a letter saying I sent a letter to 1st credit asking for the signed agreement on 20/05/09 and they they didn't produce the signed agreement so this debt isnt aplicable? Or some sort of letter? Any help would be great and a letter template of some sort.

 

Thank you very much.

[lickthewallfatboy]

report them to the OFT-1st Credit ARE Connaught

 

they are not allowed to collect when there is no CCA-and it's 12+2 working days,not 40 as they said

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

[sam614]

as above report them

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

and send that to the cretins

print name dont sign

 

SAM

[oddmaker]

Thank to the both of you. Sam shall I sent that letter then? Even tho they didnt send me a signed agreement for the past 3 months?

[DonkeyB]

Just a quick point - did you enclose the £1 fee with your CCA request?

 

Probably doesn't matter anyway, as their actions since indicate they know they have no agreement and they're fishing for any payment they can get. How long ago did you take out the alleged debt (I'm assumung it's a credit card)?

 

In the meantime, don't panic - and LTWFB and Sam's advice is spot on. As usual.

[oddmaker]

DonkeyB, I didnt enclose £1. Yes they are spot on, fingers crossed.

[DonkeyB]

OK, I may need correcting, but this may mean your CCA request was invalid - unless, of course, their response so far means they have declined the need for payment. Wait and see what others think, but I believe it may be worth re-doing the CCA request with the £1 fee, then they are well and truly limited to 12+2 days before a default..

[oddmaker]

Oh also do I send this letter to 1st Credit or Connaught?

[DonkeyB]

1st Credit, as they have (I assume) bought the debt. Have you received the appropriate default notice/notice of assignment etc? Who was the original debt with? Was it a credit card debt? And when did you last acknowledge the debt, ie. pay anything?

[oddmaker]

DonkeyB I cant really remember if I did or not, I may have tho.. they sent me a letter afterwards saying they will contact me within 4 weeks with my signed agreement but nothing came via post.

[oddmaker]

It's a credit card debt, I havent payed anything on it for at least 4 years (I think) and 1st Credit are the ones after the money.

[sam614]

shame that they did not write back saying that you had not enclosed the fee,instead of acknowledging your request,and stating they have 40 days.and still failed.

 

would just send in dispute.they have not got it,they know they cant get it.

we know they are stuffed.

 

1st miss out again.bet that quid was the only chance of any money for them.

 

SAM

[oddmaker]

Haha Sam! Thanks for your help I will send this letter today and keep you posted on what happens.

[oddmaker]

Hi All, Back again and i got a new letter from 1st credit:

 

We acknowledge receipt of your complaint. In accordance with the regulations we detail our complanits procesdure below.

 

1 Complainants will be asked to put their complaint in writing. This will be to ensure no misunderstanding occurs as to the exact nature of the complaint. A complaint form will be provided if required.

 

2 Alternatively the complaint will be dealt with based upon verbal comments.

 

3 A written acknowledgement of a complaint will be sent to the complainant within 10 business days of its receipt, giving the name or job title of the individual handling the complaint for the company. If a final response can be prepared within 10 buisness days of receipt of a complaint, the company may combine its achnowledgement of the complaint with the final response.

 

4 Complaints are investigated by a designated person who has the authority to settle the complaint, or has ready acess to someone who has the authority.

 

5 Within 4 weeks of receiving a complaint 1st Credit Ltd will send the complainant either:

 

a) A fianl response which sets out the final view on the issue raised in a complaint and weather: The complaint is accepted and where appropriate, the redress, or, the complaint is rejected, and, where appropriate, the redress, or, the complaint was rejected with a reason of rejection;

 

b) A response which: Explains that 1st Credit Ltd is not in a position to make a final response, the reason for the delay and when it is exspected to be able to provide a final response;

 

c) At the end of eight weeks after its receipt 1st Credit Ltd will send the complainant either:

 

(1) A final responce; or (2) A response which:

 

explains that the firm is still not in a position to make a final response, gives resons for the further delay and indicated when it expects to be able to provide a fianl response; and

 

informs the complainant that they may refer the complaint to the Dinancial Ombudsman Service if they are dissatisfied with the delay, and encloses a copy of the Financial Ombudsman Service's explanatory leaflet.

 

Now I sent them a letter asking for my signed agreement for a 2nd time about a week ago and they sent me that letter above as well as a 50% off letter from Connaught Collections Uk Ltd which I know are the same company.

 

What should I do next? They are starting to **** me off, like flys round ****

[oddmaker]

Seems I cant find this letter anywhere else on this forum.

[babybear39]

Do you mean this one?;

 

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 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.

 

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

[oddmaker]

Hi babybear39!

 

Yes that's what I sent a week ago and 1st credit replyed with that letter above. I did send them one 3 to 4 months ago and they said to give them 4 weeks to find the signed agreement and I never heard from them again untill 3 weeks ago.

[babybear39]

Send them a section 10 notice to stop processing your data, number 7 from here:

 

The Consumer Forums - Debt collectors

[oddmaker]

Thanks babybear39, Shall I wait to see if they can send me a signed agreement from the second letter I sent? Or just send this letter anyways as they couldnt find my signed agreement 4 months ago.

[babybear39]

Send the letter anyway and add in a line abut them not providing a CCA which is the reason you're sending the S10 notice.

[oddmaker]

Got a letter today, seems they are trying harder but I may need some help:

 

Thank you for your letter of the 2nd September 2009. A copy of our complaints procedure has been sent under separate cover.

 

We recognise your complaint relates to 1st Credit not providing a copy of the agreement within the timeframes defined within the CCA 1974.

 

Having investigated your account I find as follows:

 

Pusuant to your request for a copy of the agreement we have contacted Barclaycard for the necessary documentation. As previously advised, on receipt of this information a copy shall be forwarded to you.

 

A copy of the statement of account as defined by the CCA 1974 has been provided in our earlier letter. For your ease of redernce I can again confirm as follows;

 

A. The state of the account - outstanding balance of £(I'm blanking it)

B. The account, if any, currently payable under the agreement by the debtor to the creditor the full outstanding balance £(I'm blanking it)

C. The amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor - £(I'm blanking it)

 

Should you require copies of statements detailing all credits and debits on the account I would advise this is considered a Subject Acess Request. Under the Datae Protection Act 1998 we are entitled to charge an administration fee of £10.00 to provide this information.

 

On receipt of the fee will contact Barclaycard on your behalf. Alternatively you may with to contact Barclaycard directly for the information.

 

We note that the Copy Agreement will not have been supplied within the specified time however, if an offence is committed, that does not affect the rights and duties between us. The Consumer Credit Act 1974 provides defences to any offence which we believe would apply in this case where we have to obtain documents and information to answer your request from the original creditor.

 

We are fully aware that we connot enforce a debt until the CCA request has been adhered to. Our client states that although currently unenforeable, the debt remains due and payable.

 

I am unaware of any legislation that states a default notice or data that is believed to be correct must be removed whilst a CCA request is being dealt with.

 

You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

 

Our aim is to resolve all complaints internally. However, in the event you remain dissatisfied with our response, you may refer the matter to the Financial Ombudsman Service within six months of the date of this letter. A copy of their lealet is enclosed.

We hope that we can resolve matters for you before you take this step.

 

Yours sincerely

 

Gemma Jackson

Compliance Officer

 

They seem to be getting nasty.

[babybear39]

OMG, you've got them worried now

[oddmaker]

Heya babybear! Hope you've been keeping okay!

 

SHall I just sit and wait or?

[babybear39]

I'm well thanks oddmaker Back in uni so very busy. How're you?

 

Just wait and if they try collecting report them to TS and the OFT

[oddmaker]

Ah glad your okay! I'm not to bad thanks!

 

Even if I do report them do you think they would still hassle me?