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Connaught replied to CCA request with excuses - require advice asap....


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Hi,

 

Got some good advice on here to request a CCA after having a hand delivered Statutory Demand delivered on Monday 26 July 2010, now need some further advice on what options next?

 

Sent out a CCA request by Recorded Delivery on 27/07/2010 and it was signed for by them on 28/07/2010. I received a reply today stating they only received it on 2nd August and stating that since they weren't the original creditor that it would take more than 12 days to get hold of it.

 

I have scanned a copy of the letter to show.

 

Since I have until next Friday to lodge set-aside documents in court.

 

Should I apply to have it set aside next week anyway should they default next Wednesday (when their 14 days to comply with the CCA request is up) or should I write back to them stating they are in default?

 

If I should go the set-aside route can anybody point me in the right direction to the wording for an affidavit and claiming back court costs from these creditors...

 

Advice would be welcomed....

 

Have attached the reply but don't know how to make it larger so it can be read....

 

Connaught CCA request reply - 03 Aug 2010 edited.jpg

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Hi,

 

Got some good advice on here to request a CCA after having a hand delivered Statutory Demand delivered on Monday 26 July 2010, now need some further advice on what options next?

 

Sent out a CCA request by Recorded Delivery on 27/07/2010 and it was signed for by them on 28/07/2010. I received a reply today stating they only received it on 2nd August and stating that since they weren't the original creditor that it would take more than 12 days to get hold of it.

 

I have scanned a copy of the letter to show.

 

Since I have until next Friday to lodge set-aside documents in court.

 

Should I apply to have it set aside next week anyway should they default next Wednesday (when their 14 days to comply with the CCA request is up) or should I write back to them stating they are in default?

 

If I should go the set-aside route can anybody point me in the right direction to the wording for an affidavit and claiming back court costs from these creditors...

 

Advice would be welcomed....

 

Have attached the reply but don't know how to make it larger so it can be read....

 

[ATTACH]20550[/ATTACH]

 

but text reads as follows:

 

Dear Sir,

 

Re: 1st Credit Ltd- Halifax Outstanding Debt - £9064.43

 

I refer to the above stated matter and your letter dated 27 July 2010 received today.

 

I have noted your request for information to be supplied under the Consumer Credit Act, I write to confirm we have requested this information from our client and shall provide it to you as soon as we are in receipt of the same,

 

I must at the point advise you that due to the fact the outstanding debt has been assigned from the original creditor to our client, it may take longer than the 12 days specified within the Consumer Credit Act. We confirm no enforcement action shall be considered by Connaught Collections until this information has been supplied to you.

 

Should you wish to discuss the matter in the mean time please do not hesitate to contact us.

 

Yours faithfully,

 

Mr D Williams

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Well, personally, being in a very similar position I would go for the set-aside using the information in their response above, in my opinion how one earth can they commence legal proceedings, ie issue a SD when they don't even have the documentation to back it up!

 

Also, don't forget 3 attempts on 3 days to get in touch with the person named on the SD. Not being able to contact them is reason enough for a set aside.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Can you point me in the right direction as to what I might put on the set-aside affidavit?

 

I'd personally like to set-aside instead of contacting these **** again because it puts them back to the hassle of having to go through it all again...

 

Saying that though, I'm of extremely limited means too so would like to get the court charges back from them too.

 

And the contacts. do I just call and hang-up or actually demand to talk to the guy?

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You call, on 3 consecutive days (unless you have managed to speak with said named person). Request to speak with them and them only. They will ask all kinds of 'security' questions, but refuse to answer saying your business is with this one person and this person only. If they refuse to put you through to him, then yes, put the 'phone down. That will count as attempt 1.

 

3 attempts with no contact is a reason to apply for the set aside.

 

You will apply for costs at least 24 hours prior to the date set for the set aside.

 

In some cases if you are on means tested or disability benefits you can claim exemption from paying Court Fees in the first place.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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