Jump to content


  • Tweets

  • Posts

    • I will try again...................... Even at my age there is quite clearly a PCN envelope by the windscreen wipers on your car on some of the photos.  But as I said in the IPC letter, that is not the dispute. The dispute is that CPM sent you the second PCN on the 28 th day of the issue date of the first PCN. It should not have been sent until the day AFTER the original PCN was issued. Therefore they broke the Act, they breached the IPC Code of Conduct and their agreement with the DVLA. It is something that the IPC cannot ignore since to do so will bring the ICO down on them and the DVLA should ban CPM from getting data from them once they know if the ICO do nothing. The minimum I expect is that your PCN will be cancelled. But it is up to you. I have given you the details, you have copies of both PCNs sent to you on the sar  with all  the relevant dates. 
    • Apply for an HM Armed Forces Veteran Card   An HM Armed Forces Veteran Card is a way to prove that you served in the UK armed forces. The card can make it quicker and easier to apply for support as a veteran. It’s free to apply. You can currently only apply for a Veteran Card if you have a UK address. Veterans who do not have a UK address will be able to apply later this year. READ MORE HERE: Apply for an HM Armed Forces Veteran Card - GOV.UK WWW.GOV.UK Apply for an armed forces veteran card to prove that you served in the UK armed forces.
    • The Private Parking Code of Parking has been postponed as the poor dears are frightened that thew will all go out of business once it becomes Law. We all wish but nothing could be further from the truth so doubtless most of them will have to change their ways if they don't want to be removed as approved parking companies. Thank you for still retaining and producing the original PCN which, no surprise, fails to comply with the Protection of Freedoms Act 2012 Schedule 4. [It even states the vehicle "breeched" the terms  when it was the driver that allegedly breached the terms}. It fails to specify the Parking Period and whilst it does show the arrival and departure ANPR times on the photographs [that I cannot read] they do not include how long you actually parked nor was it specified on the Notice  [photos don't count]. So that means that you spent even less time parked though it would help had you not blocked out the dates and times, so good if you could please include them on your next  post. Pofa  asks the driver to pay the charge S( [2][b] which your PCN doesn't though they do ask the keeper to pay.and they have missed out theses words in parentheses S9[2][f] ii)  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; All of those errors mean that the cannot transfer the charge from the driver to the keeper. Only the driver is now responsible . What a rubbish Claim Form -doesn't even give the date of the event which it should.  
    • it doesn't matter what you are being charged or if you missed the discount period. you ain't paying anyway..... if this ever gets before a judge. then the ins and out of POFA2012 or any IPC/BPA guidelines might come into play. until then i go get on with your life. you are spending far too much time on a speculative invoice scan scheme  its almost as if you believe these are fines and enforceable in a criminal court and you could have bailiffs at your door any minute.    
    • Debt Respite Scheme (Breathing Space) guidance - GOV.UK (www.gov.uk) but dont get scammed into a DMP. simply tell whomever you call to simply apply for the BS for you.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

connaught collections and 1st credit


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5560 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

I have posted about this and a stat demand before but cannot find my post. :-|

 

Basically Nov time 06 received letter from connaughts about debt, telephoned them and found out at that point that it was for LloydsTSB for approx 14k. I was told that as I had contacted them I was admitting to the debt.

I agreed to payback 300 pm which was ok. Feb 07 (i think) I received a stat demand which on contacting them they said that it would held back if repayments were brought uptodate.

 

I tried to start repaying again but unfortunately let it slide. I recently received another stat demand in the post (stapled and with nice purple cardboard corner). I have checked and everything looked official mentioning LLoyds,connaughts and 1st Credit) but there is no stamp at all.

 

Is this inforceable with no stamp or no mention of a court ?

 

The debt is made up of a bank account, Loan (5K) and credit card (approx1.5k). I assume that they have also loaded a huge amount of charges.

 

I did receive a letter yesterday advising that they are preparing to go to court and will advise of court date soon.

 

Advice very much appreciated. :sad:

 

Best regards

Fred

Link to post
Share on other sites

bumping this up.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

if its charges though i would send a subject access request to get a full list of charges applied, and then reclaim them.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

Kenny

Thanks for the reply.

I would assume that it does have charges attached. The loan was only for 5K and the credit card was only 1.5K and I think the OD came to around 4K. They are asking for 14K. :mad:

 

I will send them a subject access request.

 

Do you think I should send to connaughts and 1st Credit and also regarding the legality of the stat demand - do you think it is legal if there is no court stamp or court name on the stat demand?

 

Thanks for any advice or reply.

Highjinks:)

Link to post
Share on other sites

  • 2 weeks later...

Hiya HJ :) Hope you're feeling better...

 

Have a little read of my thread:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/92556-help-again-please-1st.html

 

DON'T let it scare you, just be prepared for what may or may not happen, and be assured that we can help you deal with 1st credit if/when they bother you.

 

Good luck and keep us posted if you get anything from 1st credit.

 

BB

Link to post
Share on other sites

i would send 1st credit an sar request to claim back your charges.

 

send the £10 postal order and never use your "real" signature.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

cca the new DCA :-D

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

but while your at is, CCA or SAR the original creditor too :-D

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

Link to post
Share on other sites

  • 1 year later...

Hi I am so sorry for replying to this thread dont seem to be able to start my own but i too am haveing probs with first credit who took my debt from citi cards ,i cca them at the beg of sept and they replied saying they had requested it from the oc and the debt would be expected to be paid in full on reciept,this never came and i never heard anythin else from ist credit until this morning when i have had a letter fromconnaught collections saying that thye have been instructed by 1st credit -citifinancial to recover this debt ,they say it is their intention to issue a stat demand etc etc ,can anyone advise what i should do next or let me know howto start a thread of my own ,so sorryto put this here but sounds similar ,many thanks

Link to post
Share on other sites

Hi I am so sorry for replying to this thread dont seem to be able to start my own but i too am haveing probs with first credit who took my debt from citi cards ,i cca them at the beg of sept and they replied saying they had requested it from the oc and the debt would be expected to be paid in full on reciept,this never came and i never heard anythin else from ist credit until this morning when i have had a letter fromconnaught collections saying that thye have been instructed by 1st credit -citifinancial to recover this debt ,they say it is their intention to issue a stat demand etc etc ,can anyone advise what i should do next or let me know howto start a thread of my own ,so sorryto put this here but sounds similar ,many thanks

 

To start your own thread, go here -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/

 

and you will find a button marked "New Thread" in the top left corner, and another one in the bottom left corner.

 

SH

Link to post
Share on other sites

Connaught are the paramilitary wing of 1st Crudit. Theyy are supposed to be the scary arm.

 

Worst Credit are in default of your CCA request and CONnaught should not be chasing you. Send the letter below to CONnaught and make a formal complaint to Worst Credit, Trading Standards and your MP.

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

This alleged debt is barred by Statute by virtue of S5 of the Li

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the CPUTR 2008 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

Edited by ODC

Link to post
Share on other sites

Hi,

 

To start a new thread click "The Consumer Forums" then chose sub forum i.e "Debt Collection Group" then select new thread.

 

I would reply to new dca/solicitor pond with "Account in dispute Letter", While account is in dispute they can't SD you or anything else for that matter but they probably will.

 

 

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

Link to post
Share on other sites

 

I would reply to new dca/solicitor pond with "Account in dispute Letter", While account is in dispute they can't SD you or anything else for that matter

 

 

Actually they can still issue an SD. This would not prevent them from issuing one. It would however be one ground for applying to have the SD set aside.

 

Be very wary of CONnaught. Not only will they issue a Stat Demand but they are one of the few who will follow through with a go at Bankruptcy if you do not apply to have it Set Aside.

Link to post
Share on other sites

After 12 days (or is it 14?) they cannot take legal action to enforce the debt - they must provide the credit agreement first. It doesn't stop them hassling you for the money though - or indeed asking someone else too.

 

Sadly it is one of the most disregarded regulations in consumer credit and you may well find that your DCA waits a bit and then chases you up again. All you need to do then is point out that you are still waiting for the copy agreement.

 

One thing to clarify - is your DCA acting for the original creditor or have they actually bought the debt? If it is the latter the responsibility rests with them, if the former, it is the original creditor who are effectively using the DCA as an agent. Many debt purchase companies will tell you it is down to the original creditor to provide the paperwork to you when, if they have bought the debt, it definately isn't.

 

They do still register debts with credit reference agencies and it is very difficult to get the entries removed.

Link to post
Share on other sites

After 12 days (or is it 14?) they cannot take legal action to enforce the debt - they must provide the credit agreement first. It doesn't stop them hassling you for the money though - or indeed asking someone else too. They can instigate proceedings, per Rankine vs Amex and five others, issuing a claim is not enforcement

the correct approach is to seek an injunction to stop them taking any action

Sadly it is one of the most disregarded regulations in consumer credit and you may well find that your DCA waits a bit and then chases you up again. All you need to do then is point out that you are still waiting for the copy agreement.

 

One thing to clarify - is your DCA acting for the original creditor or have they actually bought the debt? If it is the latter the responsibility rests with them, if the former, it is the original creditor who are effectively using the DCA as an agent. Many debt purchase companies will tell you it is down to the original creditor to provide the paperwork to you when, if they have bought the debt, it definately isn't.

 

They do still register debts with credit reference agencies and it is very difficult to get the entries removed.

Now removing defaults when they are issued on the back of a defective credit agreement is actually quite easy, we have had a great deal of success with this at work, the case to look at is Durkin v DSG Retail and HFC Bank (google it)

 

IT is not the default you should focus upon, more the damage that default does

 

Durkin received over £8K for damage to his credit reputation;)

Link to post
Share on other sites

  • 2 months later...

hiya all any updates on this

 

what have 1st credit done since the last postings?

 

have subbed

 

good luck laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...