connaught collections advice please

[Norfolkboy]

Hi everyone,

 

My first post on this brilliant site, although I have been reading the threads and have already learnt a huge amount. I wonder if anyone can help me with this one. A DCA called Connaught Collection have written concerning an old credit card debt, and have stated their 'intention' to issue me with a Statutory Demand under the Bankruptcy Act. I'm about to write back with a letter demanding a true copy of the Notice of Assignment of the debt, plus a copy of the original credit agreement, statements of the account and so on (including the standard fee by postal order). However, Connaught have not explained what a 'Statutory Demand' is - can anyone enlighten me further? Does anyone have any experience with this, or with Connaught? My guess is that this is an attempt to gain a response from me - but any thoughts would be welcome.

 

Thanks,

 

Norfolkboy

[stan5131]

Basically they will use words and phrases to intimidate and frighten you into settling which works is many cases as not enough people know their rights. Send them a CCA request, you will template letter for this on the site. Enc £1 postal order. This will put the debt on hold and buy you some time. Then send SAR request to the original debtor to find out what charges you can claim back to reduce the debt or wipe it out. Good luck.

[Norfolkboy]

OK, great, thanks. Much as I thought. Appreciate the help.

[Norfolkboy]

Basically they will use words and phrases to intimidate and frighten you into settling which works is many cases as not enough people know their rights. Send them a CCA request, you will template letter for this on the site. Enc £1 postal order. This will put the debt on hold and buy you some time. Then send S.A.R - (Subject Access Request) request to the original debtor to find out what charges you can claim back to reduce the debt or wipe it out. Good luck.

 

Sorry to be a pain - which template is the CCA request? I have looked in the library and am not clear...... although I can see the SAR and will use that as well! Thanks.

[MARTIN3030]

First a little info for you about a stat demand.

This is a request from a creditor to a debtor asking for either repayment in full or acceptable repayments to clear a debt.

If the order is not complied with within 21 days the creditor can apply to the court for service of a bankruptcy order on the debtor.

The debtor must within 18 days of receiving notice either comply or apply to the court for a set aside.

Debt collection agencies frequently use this as a scare tactic but it is more likely to be used by Inland revenue and Customs and excise.

Reasons that you may use to apply for a set aside include the following;

The order has been given in error

The debt is less than 750.00

You are wishing to counterclaim for a figure greater than the alleged debt.

The debt is being challenged/is in dispute.

 

You should stress in your communication that you are aware that the alleged debt is wholly or in part construed from unlawful penalty charges which are now the subject of legal action.

You should stress that you do not acknowledge liability to the debt and have never done so.

Further recovery of monies relating to the account are required to be suspended pending the outcome of county court action.

They are required to comply with this request

I think your thread would benefit from being posted in Baliff and debt section

[MARTIN3030]

Here we are have a look at this.

 

 

 

 

Re: Debt Collection Agencies

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It is also worth asking them to supply a true copy of the original signed agreement. You need to request this under Consumer Credit Act and send a postal order (not a cheque if you can avoid it) for £1.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

The deed of assignment line should only be used if the debt has been purchased by a debt collection agency. If they fail to provide the copy agreement within 12 days then court action can only take place with permission of a judge. After 30 days the creditor commits a criminal offence and can be reported to the OFT and Trading Standards.

 

 

You do not state how old the debt is ?

In mid 2005 the rules on storage and recording of information was made more stringent.Many debts these days are sold with everything on disc that relates to the account.It is more likely that if paperwork is repuested that relates to accounts prior to mid 2005 ,that they will have much more difficulty presenting it.

[MARTIN3030]

Thread moved here for you:)

[Norfolkboy]

Outstanding! Hope this helps lots of other people.......... don't let them get you down!

[payingonlyencouragesthem]

FWIW the Statutory Demand has to be served on you personally by a process server to comply with the Insolvency Rules. They are almost certainly bluffing but might it be a good idea to be careful about answering the door in the current circumstances:eek:. Also process servers will often try to trick you into signing for served documents so be very wary of unexpected special deliveries:eek:.