Urgent advice needed please

[sitcom123]

Please could someone give me some quick advice, i need to ring Connaught Collections regarding a friends debt of £3822, She is not well enough to do this herself and has given my name as authority to speak for her. it says it is a statutory demand under section 268(1)(a) of the insolvency acto 1986 debt for liquidated sum payable immediately.

 

I have rung them earlier this morning and they say they want the full settlement within 21 days or come to some agreement. They have asked that she pays a minimum of £200 per month which she cant afford are they legally entitled to ask for that or can i offer say £70 per month. Is there any advice anyone can give me quickly as i need to ring them soon.

 

thanks

[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.

 

This Stat demand should of been stamped by the court, if not it's a typical Connaught scare tactic and unlawful under the OFT's Debt Collection guidelines.

 

Get the CCA request off TODAY !!!

[sitcom123]

Thanks for your quick reply really appreciate it

 

I cant find any court stamp on it, it is dated 10th July although she only received it on the 19th July and has only passed it to me this weekend. If i send off by special delivery today they will receive it tomorrow. it does say she only has 21 days to respond

 

it also says

 

inform the individual named in part b above immediately that your are willing and able to offer security for the debt to the creditors satisfaction or

inform the individual in part b immediately that you are willing and able to compound for the debt to the creditiors satisfaction

 

What does all that mean?? i dont understand it at all if i am honest

[Curlyben]

Gee that's nice giving you 21 days AFTER their date.

So that's tomorrow then.

 

Basically it means that they are tell untruths as ever.

"Fake" stat demands seem to be these "peoples" favourite ploy.

Let's scare the hell out of the mark to get money from them.

 

Sneaky !!!

 

Get the CCA done and dusted and wait to see what their respnse is.

We're here to help you through this.

[sitcom123]

Well they have certainly succeeded in scaring the wits out of my friend and it does look scary. I have just copied the letter from your link up I will send it by special delivery today. I hope you are around to help me when the reply comes. Thanks again for being so helpful.

 

ps. if you get a min could you just check i am sending the correct letter I have copied letter N from the templates.

[Hopeful1]

 

it also says

 

inform the individual named in part b above immediately that your are willing and able to offer security for the debt to the creditors satisfaction or

inform the individual in part b immediately that you are willing and able to compound for the debt to the creditiors satisfaction

 

What does all that mean?? i dont understand it at all if i am honest

 

Don't agree to this!! The cheeky so and so's are trying to get you to take resposnisbility for the debt if you're friend can't pay!! You would basically be giving them a license to harrass you.

 

Just to re-iterate CB's words - don't discuss anything on the 'phone - NEVER EVER!!!

 

Get that CCA off quick smart. It may be worth writing on the letter they've sent you, the date it was actually received. Later down the line you may decide to make a complaint about them and all extra info helps.

 

Good luck and keep posting your progress. Lots of people will be here to support/advise if you need it.

 

Best wishes

[sitcom123]

Oops Curly just seen you have already put letter N :o thank you

[Curlyben]

No worries.

Just make sure you have the nice big bad bold heading on it too:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

[sitcom123]

It is typed and in its envelope. I will post it shortly. I am feeling a lot more positive now thanks to you. I am so glad I posted on here first as i was going to just offer them £70 a month which would still be a struggle for her

[Curlyben]

Don't offer them squat antil they can PROVE their legal righ to collect this debt.

and rememeber NEVER talk to them on the phone, ignore their calls and ONLY communicate in WRITING.

[sitcom123]

I have just been told my friend has received another letter today dated 25th July saying

 

i write to inform you that we are now in a position to present a bankruptcy petition against you following the recent delivery of our statutory demand.

 

as you ahve chosen to either ignore the statutory demand or demonstrate an ability to pay the sum claimed, you leave us with little alternative than to present a petition.

 

once a petition is issued i should point out that the amount payable would increase with expenses fees and costs including those of the Trustee following bankruptcy.

a trustee will be invited to liquidise your assets/estate eg property with a view to settling this matter. a copy of this letter is retained on our file for later production to the court to demonstrate that every effort has been made on our part to avoid this intended action

 

 

Help needed please

[sitcom123]

Bump..... can someone advise on this please anything to alleviate her stress at this point would be really helpful or is it too late, the original letter was dated 10th July though and said it gave 21days!!!!

[itsamomentintime]

the CCA request puts the alleged debt in dispute, meaning it cannot be chased until the dispute has been settled

 

did you send the CCA request or not?

[sitcom123]

yes if you see previous post this morning i sent it today by special delivery guarantee delivery by 1pm tomorrow. I dont understand how they say they will give her 21 days and then send a letter a week early.

[sitcom123]

bump again people.... sorry if i am being a pest any advice on whether this letter means that it will now go to court

[Curlyben]

This is a well knownn tactic of these "people".

now I'll bet a pint of whatever you want that in a couple of days you'll receive a letter saying they are closing this account and passing it back to the original DCA.

[sitcom123]

Thank you!!!! This debt is about 6 or 7 years old I think so what will happen if it goes back to original DCA

[sillygirl1]

If the debt is that old and no payments have been made on it for a while then it is statue barred and they shouldn't be chasing it. Go to the CAB on your friend's behalf and send a copy of their letters to Trading Standards, pointing out that the second threatening letter was received BEFORE their 21 day deadline - illegal IMHO

[Curlyben]

Sitcom, for piece of mind, give the "issuing" court a call to check.

When it does turn out to be fake then a call to Trading Standards would be in order.

[sitcom123]

sorry for being dumb but where will i find the issuing court. the letter just received today says they are in a position to present a bankruptcy petition but does not state where or when or if

[Curlyben]

Sitcom, bear with me a minute as I'm getting deeper advise on Stat demands.

[sitcom123]

Curlyben I have just seen the letter you have asked the yellow about and that is the same one my friend has received. I must have misread it at first as i thought it was 21 days and when i have looked at it on the site it is 18 days to set aside and 21 day to stop petition. Should we now be worried I feel quite sick to be honest. The letter is dated 10th July but she never received it until Thursday 19th July. Should I ring them tomorrow do you think or not???

[sitcom123]

okay no problem thank you for being so good with all this

[Curlyben]

Good so you know what's happening.

I'm trying to get more info from Alanfromderby on these things, but as I've been saying they are basically a steaming pile.

[sitcom123]

thanks would appreciate it if you could update me if you find any more info. Does the 18day 21day thing make a huge difference. I have worked out that 18 days would have been saturday 28th July if the letter is dated 10th July and the letter they have sent now is dated 25th July