connaughts again

[highjinks]

Hi all

 

Basically Nov time 06 received letter from connaughts about debt, telephoned them and found out at that point that it was for Lloyds TSB 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

[Tau]

Hi Fred and welcome.

What I would do in the first instance is to fire off a request for the consumer credit agreement. Send one for each account. Send via special delivery and enclose a postal order for three pounds, £1.00 for each account. State that this is not a payment to the accounts, but the legal maximum fee for a CCA request. Also request a statement of account for each account.

They have 12 working days plus 2 to allow for delivery before they default, then 30 calender days before they commit an offence.

 

Also add in the letters that you will only communicate in writing with them and not via the telephone.

 

Thats what I would do anyway.

[Tau]

Dont forget to log all and any calls they might still make and to keep copies of everything that they might send you and that you send them.

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

[highjinks]

Hi all

Well I have sent off a CCA request today with the fee and special delivery. I also did a SAR for good measure.

 

Just have to see what comes back now. I did notice posts about coonaughts and stat demands which made me have another look at mine. There is no court name or stamp on it and also metions 1st Credit and LLyodsTSB.

 

Could anyone advise if the stat demand is legal if it does not have a court named or indeed a court stamp -I will try and scan it tonight and post it so you can see.

 

deeeeeep breeeeath:(

regards

HJ

[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

[Curlyben]

This is fairly normal for Connaughts.

Now just wait on 1st Credit and their letter.

[sequenci]

Could anyone advise if the stat demand is legal if it does not have a court named or indeed a court stamp

 

yeah, they are since they are not sent via a court.

 

was it sent 2nd class?