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    • Please make sure that you have read at least a dozen or so of the other Hermes stories on the sub- forum. Come back and confirm that you have done this. Once you have done the reading you will understand the whole situation about insurance and you will understand that with our help you will be able to get all of your money back. You will also understand how it works and the fact that Hermes will force you to go to court and they will eventually go to mediation and there they will end up offering you pretty well everything you are claiming that they will try to hold back on a few things such as court costs. You will also understand that if you stand your ground then you will get everything. You will see that Hermes will exploit the tax payer funded poorly resourced County Court system in order to avoid their proper responsibilities towards you and to avoid the consequences of their own negligence in handling your property. Hermes treatment of their own customers and of the County Court system is abusive but I'm afraid that there is nothing we can do to stop them other than to challenge them all the time and to make sure you get your money back. You will need to begin a formal complaint against Hermes. Simply tell them that you don't accept their position and you want your money back. Send it to them by email. Don't certainly deadlines – but wait probably about 10 days and then if they refuse or if you don't hear from them come back here and we will help you with the next step. If you've done your reading then you will know what those steps are You will get your money back but I'm afraid that Hermes will spend far more than it's worth to try and deprive you and so it will probably be at least two or three months.  
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    • Hi   Irrespective that you were given this property via the homelessness scheme in your area you would more than likely have signed an agreement for that property so forget about the homelessness an you then became a Tenant of that Housing Association and have the exact same rights as any other tenant of that Housing Association.   I do have compassion for you in this situation as you have been trying to get your life back in order and it as been one obsticale after another then this flooding which due to it being raw sewege has more than likely detroyed what belonging you had.   What I am going to say now you won't like to hear but with Housing Associations the contents of a Tenants property is for that individual Tenant to ensure they have proper 'Contents Insurance' for situations similar to yours and most Housing Association should advertise/let Tenants know this responsibility.   Were you ever informed of the above requirement when viewing/signing the agreement for the property by either the Housing Association/Support Worker? (if the answer is NO then bear than in mind as this is ammunition to use against them)   Now anytime you write to the Housing Association on this matter you make sure and title your letter as a 'Formal Complaint' and to keep a good paper trail of everything and ask the post office for Free Proof of Posting.   You also need to make sure that you take photographic evidence of all the damage to the property not just your own belongings.   Now as state you now need to make a Formal Complaint in writing explaining everything that and what you have been told to date and that you require the following:   1. Clarification as to how many complaints have been made in your building due to drainage issues whether it be an individual properties toilets/sinks/baths/showers/kitchen sinks/washing machine drainage etc.  ( just to clarify you ar not asking for that individual/Tenant data but the statistics of how many compliaint's on this matter) 2. Clarification as to who is responsible for the Drainage outside the building (refer to the exact blockage area outside the building) whether it is the Housing Association/Council/Water Company. 3. Copy of your Compensation Policy (not the leaflet) 4. Copy of your Complaints Policy (not the leaflet) 5. Copy of your Customer service Charter/Policy (not the leaflet) 6. Copy of your Public Liability Insurance (not the leaflet) 7. Copy of Repairs an Maintenance Policy (not the leaflet)
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citifinancial issues


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We have had a letter from connaught collections saying we owe citifinancial £1386. We do not deny owing this money but we forgot we owed it. What has shocked us though is that connaught collections are threatening us with a statutory demand for bankrupcy. Do these debt collectors have the legal power to do this? Any help would be appreciated.

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We had a letter today from connaught collections saying we owe £1386 to citifinancial. We do not deny owing the money, in fact we had forgotten about it but what we are concerned about is the fact that connaught have threatend us with a Statutory demand under the insolvency act. Do these people have the lagal power to do this and are they allowed to make these kind of threats any help would be appreciated.

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Statutory demands are commonly used in the Debt Collection industry to frighten people into paying. It is estimated that less than 10% of SD's lead to bankruptcy petitions. A bankruptcy petition costs a little over £1K so would not be worth it for the amount that you owe.

 

Are there any charges on the account?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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You appear to have started 2 threads on the same topic Angel.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This debt is for a credit card with citifinancial. Connaught collections say in their letter please contact us to arrange a mutually convient time and date for service. Would anyone advise us to do this\/

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I think one digit will suffice.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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So what should we do? do we ignore this letter? Does anyone what connaught are likely to do next? Can connaught send a court official round with legal documents? We really need some sound advice here.

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Send Connaught a CCA request the SD is just a bluff to try and frighten you into phoning to arrange payment. Also send CitiFinancial a SAR.

 

One other thing about statutory demands, if they're not accurate they're not valid. If the sum owing quoted on it includes charges it's not valid.

 

Statutory demands are really only something to be taken seriously if you owe £5K plus. You may want to do a search on statutory demands on this website - you'll find there have been a lot of people who have been sent them purely as a scare tactic.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 years later...

I sent cabot a cca request and in return they have sent photocopies of the following:

Terms and conditions

Credit agreement

Statement of account.

There is nothing whatsoever with a signature on it and according to their letter they have fullfilled my request. Are they meant to send something with a signature on it? and if they are which letter do I send back?

I would just like to add that I did get a letter saying they were collecting the debt.

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Is it possible for you to scan and post it up on here, removing ALL ID?

 

Have a read of this also;

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If you have a digital camera you can use macro-mode and get a decent picture.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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send them this

 

ACCOUNT IN DISPUTE

 

Date:

 

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 **DATE** 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 **DATE**

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).

 

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 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.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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have just been through the paperwork that cabot sent. It is for a Citi financial card and not only is there nothing with a signature on it there is also nothing with a date on it. Shall I still send the above letter?

The letter cabot sent with the paperwork says that unless it is paid within 14 days then the account will be escalated within their accounts proceedures whatever that means.

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Hi,

So Cabot will escalate it. OHH scary :)

 

All they can do without a signed agreement is to harass you or pass you on to another pond life. If they tried to go to court without the agreement, you would have a defence.

 

Depending on how long ago you took out the Citi Card, Cabot may have difficulties supplying the agreement as Citi don't play fair.

 

I have been waiting for around 19 months for Cabot to supply my Citi agreement so perhaps in 5 months time I will get one the same as yours :D

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 4 weeks later...

When cabot sent a copy of an unsigned agreement I sent them back an acccount in dispute letter. Today I have received a letter from them I dont have a scanner but parts of it say this:

 

Please be advised that a true copy does mean an exact copy. So therefore what we have sent is correct according to law. And therefore cabot has responded with adequete information.

 

We note your comments regarding the OFT and can confirm that cabot adheres to them at all times.

 

Now I would like to know if they can take me to court with an unsigned agreement. I have never acknowledged this debt.

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They can take you to court but as to whether they will or not is usually down to what documentation they have and without a siged copy of your credit agreeement it would be difficult to prosecute in court.

 

When was the last time you paid anything on the alleged debt?

 

Cabot's epistle is par for the course, usually sent when they have nothing else to go on.

I reside in Dawlish Warren but am not a rabbit.

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Should they ever (not likely) issue Court Papers there is a letter template which you would send which requests that they reveal to you ALL the paperwork that they intend to rely on in Court. This is the stage where they MUST produce the original Agreement, so this is the stage they normally cannot continue as Deb T above points out.

 

They are well aware of this fact but will continue to threaten in the hopes of getting even a small payment so they can pay next months' salaries!!

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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dont worry, they have done the same to me!!

check my post out on cabot to see if the letter they sent is the same.

they returned a copy of an agreement to me but there is no signature from myself on it( just something the printed off). they also state they know it is unenforceable but please can they have my money, or something like that.

just ignor them.

 

 

 

Cabot are currently looking to recruiting a credit collections manager on there website. i think we should have a prize for the most creative application. LOL

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