Re: Cca Request To Connaught Collections

[LISAM696969]

I Sent A Letter To Connaught Collections As Per Your Website Requesting The Cca Agreement They Received My Letter On 13th April 2007 And Wrote To Me Today Stating That As I Had Been Making Regular Payments Towards This Debt I Had Admitted Liability For It And So Cca Made No Difference They Said They Will Request It From Original Company Citicards And That When They Get It I Will Have To Repay The Amount In Full Of £1400 If I Suspend Payments Now , Help What Do I Do Are They Right Have I Admitted Liability By Making Regular Payments And Do I Have To Pay The Full Amount Not Installments When They Produce It And What Happens If They Don;t Produce It , Cheers Lisam

[Curlyben]

If you are currently making payments, wait untill Connaught default at the 12+2 stage.

After this the debt becomes unenforceable and you can cancel payments.

BUT when/if they produce the CCA then your payments should resume.

 

If no CCA appears after the extra 30 days then they have commited an ofence and this can be a very powerful bargaining tool for you.

[LISAM696969]

Thnaks For That , Appreciate Speedy Reply Just Wait And See Then , Lisam

[jadzia]

Hi,

I had one of these replies yesterday(see thread coonaught collections stat demand),I am just going to wait and see if they can produce aggreement,if they do,fair enough,if not i will stop paying,and respectfully request that as they didnt produce any proof that this debt is enforcable,they take all payments made to date(£920),as full and final settlement,and remove any adverse info they've put on my credit file,if you discount the £430 they've added in charges,i only owe about £200 now,so they should be happy that i didnt find this site £920 ago,lol!!!

[LISAM696969]

Hi connaught now out of 12 days and in default this occured on 25th so thirty days from then to count means that need a response before 25th May 2007 or they are breaking law etc etc , wish me luck !!!!

[diskmandave]

The timelines are: The clock starts ticking the day after delivery, then it's 12 working days followed by a period of a calendar month. If the last day of the calendar month falls on a Sunday or otherwise a public holiday it's 31 days (not working days) instead of 30.

 

If you sent by rec/del and have the delivery date start the clock ticking the day after for the 1st day. If you didn't send by rec/del then it's advisable to add 2 days onto the 12 working days to allow for unproved delivery date.

 

Have a check of your timeline again with a calendar, I think your out a little.

 

Good luck, Dave.

[gypsumsif]

....and respectfully request that as they didnt produce any proof that this debt is enforcable,they take all payments made to date(£920),as full and final settlement....

 

should you do this? is this not admitting the debt?

[jadzia]

Good point,didnt think of that!!

[gypsumsif]

hang on, im a newbie. wait for one of the others to help here jadzia, it was just a general question, as i think im getting the hang of this, but hopefully not ahead of myself

[LISAM696969]

new calculations on 12 working days mean that 2nd May 12 days up so tomorrow puts plus 2 and that means 30 days can start counting , heres hoping due a payment on 15th this month already paid last months so lets see if i hear anything what do i do if they contact me for payment ?

[diskmandave]

new calculations on 12 working days mean that 2nd May 12 days up so tomorrow puts plus 2 and that means 30 days can start counting , heres hoping due a payment on 15th this month already paid last months so lets see if i hear anything what do i do if they contact me for payment ?

 

They have no legal right to enforce the agreement whilst it in default.

(12days)

[LISAM696969]

Hi all had two letters on Monday one from connaught saying :

Dear Madam , re: 1st credit limited (Associates) outstanding debt £------

our records indicate that yout repayment plan is £20.00 in arrears . please ensure that your plan is brought into line within the next five days , yours faithfully connaught collections uk ltd .

so I e-mailed them and told them that this a/c was in dispute and that they were in dafault by not producing CCA and that in this situation until they did I had no legal obligation to pay , not heard anything from tham yet .

 

next letter dated same day 18th May

Dear Sir/Madam ,

thank you for your recent communication . the contents of this communication have been noted . Please telephone this office as a matter of urgency in order that this matter can be discussed . Thank You for your co-operation .

yours faithfully . collection depatment 1st credit .

 

again i e-mailed them the same as above but also included that I would not communicate on the telephone and that all communication must be via e-mail or written snail mail . anyone getting dejavu with gingerheid's thread !!!! any advice from here appreciated!!

[Curlyben]

Your comments are being noted.

[LISAM696969]

Hi curlyben , is that a really clever automated response or are you really a spy for 1st credit !!!!

[LISAM696969]

great stuff now got another letter from 1st Credit as follows :

I refer to your communication asking 1st Credit to provide you with the relevant agreement .

We will shortly be advising our client of your request . This document will be sent to you as soon as possible . This process may take at least one month .

Once you have received a copy of this agreement we would expect you to contact this office immediately to arrange settlement of this debt.

Please call this office should you wish to discuss this matter .Yours faithfully , Admin Dept.

 

seems to me i've seen this letter somewhere before too !!! so do you think i should write back and inform them that its fine if it takes a month but that as of 2nd June 2007 which is 1 week and two days away they will officially be breaking the law or should i just let them wend their merry way ?? suggestions on a postcard to We love 1st credit oh yes we do !

[babybear39]

Hi LISAM696969 , good morning.

 

I had exactly the same letter from 1st credit dated 21/05/2007.

 

See my thread and this might help http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/92556-help-again-please-1st.html

 

Good luck with them:)

[LISAM696969]

right well i'll wait and see what pearls of wisdom are imparted on me by anyone wishing to assist and see if 1st credit can send me out any alternative letters to the one's already listed everywhere on this sight , get some new automated responses at least make it more interesting !!!

[LISAM696969]

Right Got A Letter From Connaught Today Saying That Your Payments Are Still In Arrears We Are Going To Take Court Action If Not Brought Up To Date As You Have Now Admitted Liability , I Have Not Admitted Liability So Have Faxed Them Telling Them This And Also Telling Them That They Are In Default And As Such Cannot Pursue This Alleged Debt Succesfully Can Anyone Tell Me Have I Done The Right Thing And Is There Anything Else I Can Do Now Getting Pursued By Connaught And 1st Credit !!!! Thay Only Have Until 1st June Then The 30 Days Are Up What Now Help !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[joneshousehold]

Did this debt ever go to court before? Have you admitted the debt in any previous court action?

 

If not then the previous advice is correct.

 

You need to gather evidence for when this gets to court if the creditor decides to carry out their threat of court action. I would recommend that you send letters by recorded delivery as this provides evidence that they have received your letter.

 

Let me know about the past court action and I will sort out what you need to do next.

[LISAM696969]

No Previous Court Action They Have Registered A Default A Few Years Ago And I Have Been Paying £20 Per Month For Two Years So Any Advice Greatly Appreciated Please !!!

[joneshousehold]

Right then, the only reason they are saying you have acknowledged the debt is because you are paying it. This is a basic error on their part as the Consumer Credit Act is quite clear that it over rides normal contract law (which is what their comment is based on really) and more importantly as an organisation that operates wholly within the Act it is a fact they should be very well aware of. Very naughty.

 

I know you have written already and what you do next depends on what has already happened. You need to send a letter saying something along these lines

 

Firstly, you do not acknowledge the debt. Put that is capital/bold or both. They should not miss it!

 

Secondly detail out what has happened - you know - I wrote to you requesting a copy agreement under S77-79 CCA. You had until xxx date to comply but have failed to supply a copy. There is no exception to this and it applies to creditors or parties to whom the creditor has assigned their alleged debt (Section 189)

(Have a look at the Act and cut and paste bits into your letter. It's here

Consumer Credit Act 1974 )

After that deadline they have 1 further month to comply after which the Act says they have committed an offence (S77(4) or S78(6) depending on the type of agreement)

You can either stop payments or continue paying it is up to you. If they are in default they cannot enforce the agreement and your decision is based on whether you feel obliged to pay or not. (I'm not offering a moral point here, it really is just up to you. Many people stop paying and you are perfectly entitled to do so. This will certainly make the other side respond quicker.)

Whatever you decide to do, tell them.

You might want to wait for the further 1 month to pass so they breach the offence part of the Act just because they are in a weaker position at that point.

Always remember that if they comply then the default position stops immediately. Unless of course by complying they provide a flawed document but we will worry about that when you get to that stage.

The copy they send does not have to be complete, it can omit your signature, address and so on but it must be a true copy. Tell them it must be a true copy and you do not accept the T&C's are such a true copy. Try to find a reason why such as the print date on the copy sent or the level of charges was not that at the date the alleged agreement started. T&C's are not good enough and the OFT or DTI have confirmed this so we can look for it if they persist on that line.

Also tell them that whilst they are in default they cannot process your information so all records should be removed from any third party.

Reiterate that they cannot enforce the alleged debt until they comply with the legislation and so no interest or other costs can be added to the amount owed.

If they are harrassing you by phone, repeat parts of the earlier letter suggested to you.

Finally I would also remind them that S77-79 also requires a full statement of the account to be sent (and they remain in default until it is). This gives you an opportunity to check the amount as you mentioned it was high in an earlier post I think.

 

If you are unsure what to do, post your draft letter and I will take a look at it.

 

Good luck and keep us informed.

[LISAM696969]

HI DRAFT LETTER BELOW ANY HELP APPRECIATED GOT BOTH BITS OF ACT IN AS NOT SURE WHICH ONE APPLYS IT WAS A CREDIT CARD ORIGINALY ANY HELP APPRECIATED , CHEERS LISA

 

Dear Sir/Madam ,

IN NO WAY DO I ACCEPT LIABILITY FOR THE BELOW DEBT.

A/C NO ****************.

I wrote to you requesting a copy agreement under S77-79 CCA. You had until 30TH April 2007 to comply but have failed to supply a copy. There is no exception to this and it applies to creditors or parties to whom the creditor has assigned their alleged debt (Section 189)

After that deadline you had 1 further month to comply after which the Act says you have committed an offence (S77(4) or S78(6)

77 Duty to give information to debtor under fixed-sum credit agreement

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4) 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.

(5) This section does not apply to a non-commercial agreement.

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(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.

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

 

I will not be making any further payments on this account as you are now commiting an offence by not providing the relevant paperwork.

If you do send the relevant paperwork it must be a true copy and I do not accept the T&C's are such a true copy.

Whilst you are in default you cannot process my information so all records should be removed from any third party.

Also you cannot enforce the alleged debt until you comply with the legislation and so no interest or other costs can be added to the amount owed.

I would also remind you that S77-79 also requires a full statement of the account to be sent .

[clutchingatstraws]

Suggest you remove the a/c number if it is the true one.

 

Cas

[LISAM696969]

Thanks For That Although A/c Dead Anyway , Duh Didn't Think Cheers Lisa !!!!!

[joneshousehold]

I would suggest that you cut down the extracts you have quoted from the Act to the relevant one only. Fixed sum is for a loan, running credit is a credit card account.

I would also select only the relvant parts of that Section such as Section 77 (1)(a) (b) and © plus (4)(a) and (b) or Section 78 (1)(a) (b) and ©and (6)(a) and (b).

I would also change the wording about the debt to

I do not acknowledge ANY debt with either you or [insert name of original creditor]

Give us a shout if you are not sure which part of the Act you should be quoting