Connaught - Petition for bankrupt

[Toffee mints]

I've had a letter today from a company called Connaught who are acting on behalf of City Card - who I have been unable to pay for about 12 months.

 

In the letter they claim that I have left them with no alternative but to send a petition to file for my bankruptancy.

 

What does this mean - Also, can they do that ?

 

Can they have me declared bankrupt ?

 

Thank You

[Guest wino]

Hi Toffee mints and welcome to cag:)

 

As far as I know you can be made bankcrupt for anything you owe over £750. This is usually a very last resort though and has to go through the courts. Most companies will settle for you paying in small installments to settle debts.

 

We will try to help you here.

 

Is this the first letter you have had from Connought?

 

 

 

.

[sequenci]

Hey Toffee, are you in mortgaged or rented accomodation?

 

Best wishes,

 

Seq

[DonkeyB]

Connaught is in-house unit of 1st Credit. Have you had any previous correspondence from them such as Notice of Assignment re the City Card debt or have you been served with a Statutory Demand? Any more info you could give would be useful - but in the meantime relax a little, as I'm sure they can't go for bankruptcy before jumping through a lot of other legal hoops first.

[Stephan56]

Toffee Mints

 

What is the amount claimed? Is the first you have heard from them? Does the letter speak in "conditional" language - "we are considering, we may, we could etc"? I doubt it says we WILL.

 

Have you sent them a CCA yet to see if they actullay have a legally enforceable agreement? If not, that shoudl be a first step and do it ASAP.

[Toffee mints]

Cheers -

 

The debt is £5000. It fell in to arreas and got that bad I cannot make the payments. I have a house, mortgage outstanding.

 

This is the first letter from Connaught, I've had letters from Citi direct before now.

 

How low would they accept as a monthly repayment ?

 

Thanks.

[42man]

Did you ever receive a statutory demand ?

[42man]

You might be interested in these threads too - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/218041-statutory-demand-1st-credit.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/218040-stat-demand-i-have.html

[babybear39]

Connartists and 1st crud are deffinately on a suicide mission here or in competition with crapquest as to who can lose the most in costs for SD set asides

[42man]

First thing to do is send off for a copy of your agreement to Connaught / 1st Credit....enclose a £1 postal order and send recorded/guaranteed delivery - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

A SAR sent to the original creditor for goo dmeasure might also be a good idea....send to the Data COmpliance Manager at their head office, enclose a £10 postal order and again send it recorded / guaranteed delivery...

 

SAR is here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[ODC]

Toffee unless you took out the Citicard within the last few years the chances of Worst Credit or CONnaught turning up a properly executed and enforceable CCA is ZILCH

[Toffee mints]

It claims that I have been sent a statutory demand. I wouldn't even know what that was though.

 

This is the letter:

 

I write to inform you that we are now in a position to present a bankruptcy petition against you following the recent delivery of our statutory demand.

 

As you have chosen to ignore it or demonstate the abilty to pay the sum claimed, you leave us no alternative other than to present a petition.

 

Once it is issued I should point out that the amount payable would increase with expenses.....

 

A copy of this letter is retained on our file for later production to the court to demonstrate that every effort has been made on our part to avoid this intended action.

 

That is what the letter says.

[Toffee mints]

Card was taken out around 8 years ago by the way.

[42man]

You normally have to set aside within 18 days of the date on the demand....

 

This post here shows what to do - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/218041-statutory-demand-1st-credit.html#post2405919

[ODC]

They seem to have sent a lot of these scary letters out. They of course will have to provide PROOF that you have been properly served with a Statutory Demand.

 

Along with your CCA request send them this

 

Dear Cretins

 

In your letter dated XXXX you state that you are now in a position to petition for my Bankruptcy.

 

As far as I am aware I should have been served with a Statutory Demand before you can proceed with this step. I therefore put you to strict proof that I have been properly served with a Statutory Demand.

 

Failure to do so will leave me no alternative to institute proceedings against you and report you to the OFT and TS for you flagrant breaches of the law

 

yours etc

[Toffee mints]

What should I do ?

 

Should I send a CCA ? What does that actually do ?

 

I really have no clue, I certainly don't want to lose my home.

[babybear39]

The CCA request will determine connartists legal right to collect on the alledged account.

 

Don't panic, you're not going to lose your home. Do you have children under 16?

[Toffee mints]

I am 30, have a mortgage and a 14 month old baby.

 

As you can guess, I'm worried to say the least.

 

I have around £20k of debt that I have been unable to pay.

 

How low an amount can I offer to pay back per month ?

 

What letter do I send for CCA ?

 

I honestly have no idea what a CCA is, what happens if they don't have the original agreements etc ??????

[42man]

Read these and it will become clearer....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/104409-bankruptcy-order-twice.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/154693-1st-credit-connaught-bankruptcy-2.html

[42man]

I have added the link for the agreement request in post #10

[42man]

Please DO spend some time reading around these forums and looking at the links provided, and please try and relax.....and if you need help please shout !! as you will see there are others who are/were in similar situations to yourself....

[babybear39]

Even if the worst case scenario happens and you're made BR because you have young children your house should be safe.

 

Lets take this one step at a time...

 

CCA request is letter 8 here:

 

The Consumer Forums - Debt collectors

 

SAR is as follows:

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

Amend both to suit, send recorded keeping copies with your postal reciepts, do not sign print your name.

 

 

Then get down to some reading of SD threads to help put your mind at rest

[lilly white]

well.

 

I SEE THESE PEOPLE ARE AT IT AGAIN,

 

oK WHAT EVER HELP YOU NEED SHOUT.

 

As you see and the links you have been given we are up for this please i know not easy for you at the moment however we will put so mush between you and them. they will find very hard to move.

 

I will keep a watch and help in any way i can

[ODC]

You have come to the right place to get ALL the help you will need to deal with these parasites. If they cannot produce a valid CCA then they are stuffed. Even if they do produce one which is legal you can still dispute the charges with the original creditor.

 

The letter they sent you is deliberately worded to scare you into ringing their threat monkeys so as they can bully/intimidate you into paying something which you cannot afford and that they may not even be legally entitled to chase.

 

There are plenty on here who have wiped the floor with CONnaught and their pimps Worst Credit.

 

Its easy for us to say dont worry but belive me we have all been down the same road and will help you defeat the apololgies for human beings.

[Toffee mints]

Thanks for the advice.

 

So I send this letter:

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

And await the reply -

I have also read about a £1 postal order and 14 days or 12+2 days - what is that ?