connaught collections and 1st credit

[highjinks]

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.

 

Best regards

Fred

[kennyparkroad]

bumping this up.

[kennyparkroad]

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

[highjinks]

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.

 

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:)

[highjinks]

Hi all

Had a reply to my CCA request from Connaught. They basically have closed the account and passed it back to 1st Credit! They also attached the PO I paid them.

I suppose 1st Credit are worse?

 

Well (after being a bit ill) I am now in a slightly more upbeat mood!

 

regards:)

HJ

[babybear39]

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

[kennyparkroad]

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

 

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

[pfens]

I didn't get my PO back even though it got passed back, but is now with another DCA

[kennyparkroad]

cca the new DCA

[kennyparkroad]

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

[pfens]

Have done and waiting with anticipation lol:D

[tryintogetby]

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

[ScabHunter]

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

[ODC]

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 December 6, 2008 by ODC

[upto the eyeballs]

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.

[tryintogetby]

Hi huge thanks for such a quick reply i will send this on monday and wait to see the outcome ,thanks !

[ODC]

 

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.

[tryintogetby]

I have read lotsof threads on this forum all of them say that after the 12 days (mine is well past) then they are not allowed topassthe debt on ,try to collect the debt or register detail with cra ,can someone tell me what is right ,thanks

[PaulW922]

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.

[pt2537]

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;)

[tryintogetby]

Hi many thanks ,i have today sent the letter ,so i will wait to see what happens now ,thanks again !

[angel_1]

hiya all any updates on this

 

what have 1st credit done since the last postings?

 

have subbed

 

good luck laters angel x