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Mass complaint ;Add your name here if a dca has acted incorrectly with your account.

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A few months ago Connaught 1st credit sent my husband a SD threatening bankruptcy etc, at the time my husband was unwell so I phoned connaught they told me I would have to pay £165 to have it set aside so I did.

I was so scared, then they wanted me to pay £10 per month after that.

We are on benefits and really struggling.

Then I found this wonderful site, I followed advice sent CCA request etc, then a good while after they sent me a letter saying they have not received the £10. And now they have sent my husband another SD I dont know what to do as the deadline of 18 is almost up.

Had another letter yesterday saying they are going to proceed.

Help..

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Starz the cost of a cca request is £1.00

send them the letter again, recorded delivery.

This will put the debt into dispute and they will not be able to proceed with anything until they have complied. IF and when they do respond, let us know what you recieved and we will help work it out from there.

Dont allow them to bully or scare you into anything, refuse to speak to them on the telephone, keep everything in writing.

 

Hope this helps


Halifax settled

Halifax (again) settled

Nationwide settled

Natwest settled

Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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Just re-read your post, did you get a response to your cca request and if not how long ago did you send it?


Halifax settled

Halifax (again) settled

Nationwide settled

Natwest settled

Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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Stars, you should really start your own thread. In the meantime

 

Was it Connaught or 1st Credit if the latter do the following if the former do the same but by letter & post same day delivery

 

If you sent a CCA with the £1, then attach the letter you sent on an email to enq@1stcreditltd.com FAO (For Attention Of) Complaints Officer or if you have a name use that instead.

 

Remind them in the body of the mail that the account is in dispute and they should know 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 therefore the following applies:

a. You may not demand any payment on this account, nor am I obliged to offer any payment to you.

b. You may not add any further interest or charges to this account.

c. You may not pass this account to any third party.

d. You may not register any information in respect of this account with any of the credit reference agencies.

e. You may not issue a default notice related to this account.

Be warned, the CCA 1974 is clear that a default can only be issued for breach of a valid, regulated agreement. If there is no agreement, as in this case, then you cannot issue a default as I have not breached any valid, regulated agreement.

 

As belt and braces you could also attach the following letter (amend as necessary)

 

Your name & addr

 

Account number (s) –

 

I acknowledge receipt of your notice of legal action sent by your company on [Date] which was received on [Date].

 

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against your company & [original creditor]. I am unable to respond further at this time, as you have given me inadequate information to investigate the claim.

 

Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action (4.3) your letter should have included the following information:

a. Give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

b. Enclose copies of the essential documents which the claimant relies on;

c. Ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

d. State whether court proceedings will be issued if the full response is not received within the stated period;

e. Identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

f. State (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

g. Draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be un-represented, enclose a copy of this practice direction.

 

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers to force all parties to comply with the practice direction.

 

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

 

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

 

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

 

I request that you send me information vital to investigating your claims, including:

1. A true copy of the 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. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount and any repayments made to it the account.

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

c. 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 any account held with Littlewoods.

d. 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.

e. 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).

f. Details of any collection charge 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.

g. 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.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money

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

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

k. Any other documents you will seek to rely upon in court.

l. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

3. Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

  • Haha 3

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Capquest - where do I start?

 

This "company" started hounding me several months ago. No disrespect to Scottish peeps (I'm one myself!) but it looks like they give the "nasty jobs" to their Scottish office. They had me in tears several times, even though I was making regular token payments - they continued to ring me to try to increase these payments. After one of their calls threatening court action and obtaining a Charging Order over my house (pre-CAG of course), I got my OH to make payment on his card over the phone:eek:

 

Surprisingly, after CCAing Capquest, I never received a full SOA for this "alleged" account (because obviously they don't want to disclose how they received a payment from my OH towards this "alleged" debt - er, by the way, CQ - I've got his statement to prove it).

 

I'm not disputing the frequency of their calls but the content:evil: .

 

I was so terrified, I tried to re-mortgage my house, I even gave them permission to speak to my solicitor:eek: because they told me I had to and, no disrespect to solicitors here, he did:eek: as he is not "clued up" enough on Consumer Law - thank goodness for CAG - I now am;) .

 

Well, fortunately, after telling them to correspond in writing only, they decided to close my alleged "account" with them and send it back to the OC - now what does that tell you?

 

I have my theories on this but I doubt whether an S.A.R - (Subject Access Request) would give me the info I need as there is no way they will tell me the truth about the phone calls they made to me - wish I new about CAG then - I would've recorded everything - I'm waiting for the OC to get back to me and then I'm really going to lay the law down about the fact that they employ such muppets to do their dirty work:evil: - I can't wait

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Good old Bryan Carter and Co (may they rest in peace?!)

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Rockwell Debt Collection Agency.

For sending all my personal details to someone else including name, address, date of birth and bank details. If it wasnt for the person contacting me to inform me of this i would be none the wiser. Luckly she was an honest person. How many more people has this happened to.

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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I had someone from debitas call me at 7.30am on a sunday morning threatening that bailiffs would be round to break my legs by 10am if i dint give them 4,000. i'm not exaggerating on any of that.

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I had someone from debitas call me at 7.30am on a sunday morning threatening that bailiffs would be round to break my legs by 10am if i dint give them 4,000. i'm not exaggerating on any of that.

 

Hi Bleueyedboy

 

I have had a couple of calls from a firm called Debitas, but not as threatening as yours. Can you tell me who they represent if you know?

 

maggiebroom :)

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They work for capital one.

 

Thanks Blueeyed I thought they did. Forewarned is forearmed

 

maggiebroom :)

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PS just a thought are they in house or independent?

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The way they have been swapping between who contacts me suggests they are inhouse but i honestly do not know the answer.

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Moorcroft Debt Recovery..ignoring my requests of when to contact me and providing misleading information to a visiting friend in order to get me to take the call 'basically saying hi I'm Chris and it's a personal call'

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Westcot Credit Services Ltd...threatening to visit my house for debt collection without any prior agreement with me and without a court order

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The way they have been swapping between who contacts me suggests they are inhouse but i honestly do not know the answer.

 

My answer phone comes up with the same number as Crap 1 so I would guess they are inhouse. They haven't started the heavy stuff yet, but I am still waiting a response from my MP.

 

The waiting is killing but there you go.

 

maggiebroom :)

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I'd like to add CBS Transcom, acting for Arrow Global. Non compliance with CCA, refusal to discuss or negotiate.

 

Shonk

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i think i can name everyone of them lol i have just for the first time looked at my credit report 37 defaults for the same debt....which by the way is not a debt this is morgan stanley and all the DCAs gggrrrr.....just wait gggrrr


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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i think i can name everyone of them lol i have just for the first time looked at my credit report 37 defaults for the same debt....which by the way is not a debt this is morgan stanley and all the DCAs gggrrrr.....just wait gggrrr

 

 

Go get 'em for that - they really do take the 'P'

 

Wouldn't you think it would be an offence for these CRA's to write this dribble ? They seem to allow anyone to write anything about us - no matter whether it be true or not.


My CCA skeleton argument to use in court -

http://www.consumeractiongroup.co.uk/forum/cabot/115280-useful-information.html

 

Useful Letters (CCA request is letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

CAG A-Z list of useful places in CAG -

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

Introduction to Consumer Litigation -

http://www.consumeractiongroup.co.uk/forum/general-debt/108467-basic-introduction-consumer-credit.html

CABOT THREADS -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131321-cabot-threads.html

 

ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.

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will do elizibeth


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi,

Here's my story.I work as a self employed gardener,i invoiced the council about a month ago and put my new bank account details on the invoice.The council made the mistake of using the old details of my account from their data base.My old details are from HSBC business account that they closed on the 5 of october.I had a managed loan with HSBC,but they have put it with Metropolitan Collection Services.So basicly The council put my money into a so called closed account and metropolitan have just taken it without my permission.I am £650.00 down and gutted.Any help or advice please.I also forgot to say i was ment to use the money to pay off rent arrears.How can they just take my money away from me like that.

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i invoiced the council about a month ago and put my new bank account details on the invoice.The council made the mistake of using the old details of my account from their data base.

 

My opinion may be completely wrong but that, surely, is their mistake and they still need to pay you. (Assuming you clearly drew to their attention to the fact that you had new bank details and the old details would no longer work for making a payment to you.)

 

The council put my money into a so called closed account and metropolitan have just taken it without my permission.

 

I believe it is the Council's money they have taken, assuming as above.

 

Anybody know if the bank should have returned the payment to the council as it was to a closed account? (or even forwarded a cheque to the former account holder, as once happened with my wages when my bank closed my account without warning?)

 

I am £650.00 down and gutted.Any help or advice please.

 

1. "Right of first appropriation". (Might not be relevant for a closed account. Anybody know?)

 

2. Chase the council as YOU have not received their remittance (assuming as above).

 

How can they just take my money away from me like that.

It's called something like "right of offset". If you owe money to them or any company they own/owns them/same owners they can offset your money against that debt. I suspect that the debt still "belongs" to HSBC and is just being chased by MCS on their behalf.

 


Halifax (current accounts, credit card, old mortgage, secured loan)

thread here

 

MBNA (three credit cards)

thread here

firstdirect (a current account, two mortgage accounts, old loans, old credit card)

they've sold my current account. thread here.

 

Royal Mail

Claim issued by former employer Royal Mail, thread here.

I counterclaimed and won. They paid in full.

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I wonder if you can persuade the council to recall the money as it was paid in error.


BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Intrum Justitia, they have sent me 3 letter now for a person who has never lived here and i have never heard of her, i have written to them on 2 occassions and i still get letters from them demanding £258.51 from someone who i do not know and has never lived at my address.....ahhhhhh...they are driving me mad........

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