Re: Cca Request To Connaught Collections

[LISAM696969]

Thanks For That Should Be Ok With That Now Then , Will Give You A Shout If Needed , Again Thanks Very Much Really Appreciated .

[LISAM696969]

Latest Is I Have Sent A Letter To Their Founder And Director Mike Cleary , Who Apparantly Read The Last One That Was Sent To Him By Someone Else On Here And Actually Sorted It Out , Sent A Proper Letter Not Template Back , So I Have Sent Him Copies Of Everything I Have Sent And Received So Far And Also The Information That They Are Acting Unlawfully By Persuing Me After The 12 + 30 Days Are Up Until They Produce The Agreement , They Acknowledged That They Had Received And Read The Cca Request By Sending Me Back A Letter Dated 13 Th April 2007 So 12 Working Days Put It To 30th April 2007 ,1 Calender Month From Then 30th May , So Time Up Yesterday When I Sent The Correspondence To Him , Will Keep You Updated As To Response , Fingers Crossed That He Can At Least Be Nice And Reasonable Unlike The Intimidating And Bullying Staff At Connaught And 1st Credit !!!!

[LISAM696969]

THIS IS THE THREAD 1st Credit - What do I do next? HEAVENLY1'S THREAD , HAVE A LOOK WORTH READING

[LISAM696969]

Hi all , in an update sent a CCA non-compliance letter to 1st credit and this is the response I received , Dear Miss lisam , re: Complaint

 

Thank You for your letter of the 7th June 2007.

Our records show that you requested a copy of the agreement via Connaught Collections Ltd and a request was made to our client . We still await the same but have contacted our client again in this regard.

A letter of assignment of the debt was sent to you by post when we initially purchased the debt but should you require another copy please let me know . For your information as per the Law Of Property Act 1925 we are not obliged to send a copy of The Deed of Assignment itself.

We would decline your offer to refund you the payments made so far as payment is still due albeit at this stage unenforceable in a court of law. We are also not prepared to remove any entries on your credit file or offer compensation for the processing of the data . This information was provided by our client .In the event you remain dissatisfied with our response , you may refer the matter to the Financial Ombudsman Service within six months of the datof this letter . a copy of their leaflet is enclosed .

 

So what do i do now , i want to get this default removed so can anyone help with the next stage , their 12 +2 +30 days for CCA agreement to be sent was up on the 1st June 2007 , please help ?

[LISAM696969]

Bump !

[tomterm8]

Complain to the F.O.S. and information commissioner.

[Josie8]

and the OFT ......

[joneshousehold]

Hey, they have admitted the agreement is unenforceable! Get those complaints in as you have been advised. If they cannot produce the agreement they have no evidence that they have your authority to process your information.

[LISAM696969]

Yes victory I think , got a letter this morning as follows ,

Dear Miss Lisam696969 ,

Re : Complaint

1st Credit ref:******

Account The Associates a/c no *******

 

Thank you for your faxed letter of the 13th June 2007 .

We have contacted our client again for a copy of the agreement but as they are unable to provide us with an immediate copy , we have marked our files accordingly and have requested that the credit reference agencys remove our entry .

We are aware that we are unable at this stage to enforce the debt in a court of law . However we still invite you to make an offer of repayment.

 

yours sincerely ,

 

complaints officer.

 

do i leave it there or ask for written confirmation that the matter is closed so they can't come after me at some later time any help be appreciated .

[joneshousehold]

Woo hoo, that's good news! I presume this came from Connaught. I would ignore them now. Write to 1st Credit though and point out that they have advised Connaught the alleged agreement is unenforceable and so they also need to remove all reference to it with the CRA and confirm they will take no further collection action.

[Josie8]

Yes and don't forget they can't enforce it rhough common law either - so don't let them try that one on you

[LISAM696969]

Josie8 what do you mean by common law , and also no it is from 1st credit not connaught stopped hearing from connaught now , so hopefully an end but do you think i should try to get in writing this is final case closed ?

[joneshousehold]

Sorry I am confused. Is 1st Credit a DCA then? They refer to their client - is that Citicard? What was the connection with Connaught?

My last post should effectively read - ignore DCA's but write to the original creditor.

[Josie8]

Their usual tack when acknowledging no enforceable agreement is then to say that however they have had legal advice that they are still able to pursue you for the debt under Chitty's rule of common law. Unfortunately for them they need to sue their solicitors because there is a House of Lords ruling Wilson v Minister for Trade and Industry (para 30) that says they cna't and that is binding on all lower courts.

[LISAM696969]

thanks for that and also connaught is owned by 1st crdit , but citi have nothing to do with debt any longer as sold to 1st credit four years ago not collected on behalf of , so citi have had their money from 1st credit .

[joneshousehold]

Just be aware that they may return the debt to Citicard if the sale agreement allows them to.

 

1st Credit only acknowledge that they cannot enforce the debt at this point. You could try writing to them to say you want an assurance that they will not reopen but if they don't or won't give it then I cannot see how you can force them to do so.

 

Does anyone else out there know any better?

 

After 6 years it will become statute barred anyway and in the meantime it is off your personal data with all CRAs. Make sure you check that though. Don't just accept it at face value.

 

If you want to make sure everything is tidy you could write and say you will not be making any future payments but you don't have to do that if you don't want to.

 

Anyway, well done again. Stick around and give some help to others if you can. If you feel able to make a token donation that would be very welcome as we don't get many.

[LISAM696969]

thats great thanks very much , will be sticking around as i am in the process of fighting it out with littlewoods to remove a default that they admit i don't or haven't ever owed any money on good eh !!!

[LISAM696969]

got a letter yesterday telling me they had enclosed a copy of my application form as requested , so i had a look and it is a copy of my application form clearly states at the top application form for associates visa , has my signature on it but box for bank signature is blank no signature and according to a legal eagle freind a few other things that make it not a cca or not enforceable but i know a few people on here have had application forms and that they are legit so any advice appreciated , have sent them a letter telling them that this is not what i asked for under cca request and that it is not a properly executed copy of my agreement any further help be appreciated , thanks the fight go's on , lisa

[LISAM696969]

help 1st credit have sent me an agreement or so they say it is a credit application form and has no signature from them in the sigend on behalf of bank so i have sent a letter back saying not what i asked for try again kind of thing can anyone halp please !!!!

[kirkyfosh]

hi lisa i cannot help you on that one but my case is very similar to your own , there idea of a CCA was my application for my abbey account which came from 1st Cheddar (credit) and this morning i have received a connought letter about an SD, i called them and told them to stuff it (ok so not in those words) telling therm that my debt is statute barred and that as !st credit could not/would not produce a CCA that it was unenforcable, connought are going back to 1st credit for information

i will watch your thread with greaat interest as it seems a visa versa of my own

[LISAM696969]

Well I Faxed Them Letter This Morning Telling Them That Even If The Application Form Is A Creidt Agreement As They Say It Is , There Are Still Several Parts Of The Form That Do Not Stand Up To Scrutiny , I Have However Offered Them 33% Of The Alleged Debt As A Gesture Of Goodwill If They Agree To Remove Their Entry On Credit Files Immediately , So I'll See What Occurs The Letter Was Sent Without Prejudice Plasterd All Over It And I Admit No Liability And This Letter Cannot Be Copied Or Used In Any Action Etc Etc , And Also That I Will Vigorously Defend Any Action They Take , Which I Will , But Got Settlement From Lloydstsb For Bank Charges This Morning And If I Can Get This Default Of My Record Sooner Rather Than Later Then It'll Mean A Clean Slate ! Even Though It'll Mean Lloyds Paying Tham Of And The Fact That Over 50% Of Thedebt Is Charges Which I Am Trying To Reclai Mat The Minute From Citi , Does This Have Any Impact By The Way ?

[bigandyuk1]

Doesn't offering them 33% acknowlege the debt? If all they supplied was an application form, why did you not just stick to your guns?

 

Sorry to ask but I am still new here and learning.

 

Good Luck, Kind Regards BigAndy

[Josie8]

Doesn't offering them 33% acknowlege the debt? If all they supplied was an application form, why did you not just stick to your guns?

 

Sorry to ask but I am still new here and learning.

 

Good Luck, Kind Regards BigAndy

 

 

Without prejudice on the top of the letter means it can't be produced in court so therefore it doesn't count as acknowledgement. However it really doesn't matter because if the debt is unenforceable then the CCC can't pursue the debt through ordinary contract law because of the House of Lords ruling in Wilson v Minister for Trade & Industry. No enforceable CCA = no debt.

[LISAM696969]

No Letter Sent Without Prejudice And Admitting No Liabiltiy Merely Offering It As A Gesture Of Goodwill , So The Letter Cannot Be Used By Them Anyway But I Clearly Stated On It That I Admit No Liabilty !

[LISAM696969]

hi they have written back saying that it is and can i tell them why it is not a valid agreement , so i wrote back nad told them it was up to them to prove it was a valid agreement not me to tell them why it wasn't , also sent an S.A.R , does this sound okay any help really would be appreciated any better letters etc to write , oh and they refused offer of 33% !!!