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Connaught Collections v Me


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Decided to start this thread as a continuation of this one.

 

Still waiting for Connaught to send the required documents. They default tomorrow. Meanwhile we have continued to pay them by standing order. As we've set up the order a bit too close for the date they are expecting the monthly payment we have received a letter today, sying that our accountis in arrears - cheeky aren't they!

They have also conveniently provided us with a self-addressed prepaid envelope to put the cheque for the amount in! :roll:

If they are doing this now because of couple of days delay they will probably get a fit if they default and discover that next month there is no payment at all.

Fingers crossed no documents turn up tomorrow ... or 30 days after tomorrow.;)

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Decided to start this thread as a continuation of this one.

 

Still waiting for Connaught to send the required documents. They default tomorrow. Meanwhile we have continued to pay them by standing order. As we've set up the order a bit too close for the date they are expecting the monthly payment we have received a letter today, sying that our accountis in arrears - cheeky aren't they!

They have also conveniently provided us with a self-addressed prepaid envelope to put the cheque for the amount in! :roll:

If they are doing this now because of couple of days delay they will probably get a fit if they default and discover that next month there is no payment at all.

Fingers crossed no documents turn up tomorrow ... or 30 days after tomorrow.;)

 

And therin lies the problem with these DCA's. They need to get their computer systems sorted out- the left hand doesn't know what the right hand is doing.

Just hate every DCA out there

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  • 4 weeks later...

UPDATE

 

Got a letter from Connaught Colections today, reminding me that 'my current repayment plan is in arrears' and that I 'ensure that your plan is brought into line within the next five days' .

 

Needless to say they have defaulted on the CCA request on 30th March and will be committing offence on 30th April if they don't come up with the documents I've requested :rolleyes:

 

Isn't it against the law to try and collect on a debt for which they have defaulted?

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Consumer Credit Act 1974 (Chapter 39):

 

S.78; (6); (a); (b);

 

(6) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

http://www.crw.gov.uk/resources/consumercreditact1974.pdf

 

Regards, Dave.

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If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

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Is this for a loan, overdraft, credit card, fixed sum purchase, or bank account?

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Just asking to make sure it's covered by CC Act.

 

The only wrong answer was bank account!

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Nobody knows - it is either credit card or loan - not bank account, fixed sum purchase or overdraft.

Edit!

Loan = s.77 (fixed sum)

Credit Card = s.78 (running account credit).

 

It might be an idea to find out which it actually is, however, the default and offence time scales are the same.

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Firstly, type Connaught in the searchbox to see just how many others have received the same, reading some of these will set your mind at rest as a SD is their preferred method of contact.

 

From what I can work out you have been making regular payments which is hardly a reason for a judge to grant bankruptcy. You can however, legally stop those payments now that they are in default.

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Yes, thank you - did the search and every thread regarding Conaught Colections starts with the fact they have sent a Statutory Demand, so I will now assume it is a scare tactic (although my heart missed a beat there!). All the payments have been stopped after they have defaulted - we've been making regular payments before that.

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Look at it from the logic of some-one owing you money. Would you really pursue for bankruptcy immediately? No, for a start it would cost you £450 to file in court (SD costs nothing), solicitors fees and then how much would you get back? The right method is to ascertain what your chances are of being paid & also been able to prove that it is owed to you, only when you have been in contact can you get a true picture on which to base a decision. The SD at the outset does not follow logic (other than it scares people into paying).

 

All DCA's use methods which are questionable to say the least but unfortunately not abusive (well as far as the authorities are concerned).

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So in a word that SD they have sent does not constitute abuse of process and there isn't an institution I can file a formal complaint with?

 

To tell you the truth I am SO fed up with them (DCAs) and their abusive methods! If Connaught and Cabot commit offence tomorrow I'm so not letting this die - I will file formal complaints with EVERY possible government body and regulatory institution there is in UK!

 

Sorry for the dramatic statement but I'm really tired of all this.

 

*gets off the soapbox (as Vampyra said in one thread)

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi all,

 

I was just going through the documents again and I have noticed that Connaught Colections have actually sent via the post (their first letter to contact us) a Statutory Demand under section 268 (1) (a) of the Insolvency Act 1986, so I suppose our case is the same as ALPHAOMEGA.

 

Now, I want to know if this changes anything and if there is anything they can do against us? They have defaulted on the CCA on 30th March and will commit offence on 30th April. Is the situation changed in anyway?

 

Urgent comments are most welcome or I wouldn't be able to sleep tonight - cheers!

 

P.S.

 

I have read the other threads about setting aside the Statutory Demand but still it isn't clear if it applies in our case. The SD was sent to us before we've sent the CCA request and was also their first time they have contacted us out of the blue.

Hi

I had one of these it is in my husbands name I went to CAB for advice the advisor put the fear of God in me and said SD's are serious.

These people are really rude and demanding I was scared in case they bankrupted my husband so I paid up £165 to have it side aside (whatever that means?) they wanted £165 and would not accept monthly repayments until they got the £165. and now I have to pay £10 every month I cant afford to pay it..

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I agree SDs are serious but served and executed properly SDs are - I have every reason to believe this particular one isn't. They can send as many documents as they want but until they can actually prove that there is a debt by supplying me with properly executed credit agreement they can't do much. Otherwise what would their defense be if they take us to court - We can't prove there is a debt your Honour but we promise you this person owes us money... Also, I have the sneaking suspicion that they were actually trying to collect on a statute barred debt in the first place but I can't be 100% sure - can anybody elaborate as to what happens if DCA tries to collect on a statue barred debt?

 

Also - nothing from them today and it was their last day to comply with the CCA so now they have committed criminal offence and I am preparing formal complaints against them to Trade Standards and Office of Fair Trading.

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You are not the only one that made payments to them before actually starting to get around what is going on. We received their so called SD out of the blue in the name of my OH but he could not remember what loan they are talking about. Of course, as he is not aware of his rights (and I wasn't at that time), he called them and made 2 payments for £200 in total. All through that time I was thinking something is not right here - how can they just come out of the woodworks and start wanting money?! So I have decided to do some research and this is how I came accrfoss this site.

If only I knew THEN what I know NOW!

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can anybody elaborate as to what happens if DCA tries to collect on a statue barred debt?

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/84273-oft-debt-collection-guidance.html page 13.

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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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