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Problems with Connaught Collections


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I recently applied for a loan and then this letter came thru the door stating this company on behalf of 1st Credit Limited (Royal Bank of Scotland) were intenting to issue a Statutory Demand for the sum of £841.24. (I didn't think they could bankrupt you for anything under £15000?) Thats what I was advised all them years ago anyway.

 

I got on the phone to a solicitor and they told me what to write in a letter to them ie, who they were, what the debt was for and if they had any proof of this under the Consumer Credit Act 1974. I think this is called a CCA? If so can someone point me in the right direction to where one is so I can make sure I have written it correctly? I also read on here that a £1 postal order should have been sent. I wasn't told this. Whats the reason for this?

Anyways, I wish I had seen this place first, but like everyone else I panicked. I have not had any correspondence from any debtors in the past 7 or 8 years. Does this mean they cannot do anything? I didn't pay the debt as I lost my job and had no funds at all except benefits for a number of years and when the letters stopped I thot it had been cleared or something. Is this 6 yr fringe the same in Scotland? I suppose I will have to pay it in the end as I do not want the address I stay at blacklisted, i am a lodger in the place and thats all the owner would need! Any advice please?

 

Ps the accomodation is mortgaged.

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OK so let me get things straight.

The last acknowledgement in writing or payment was OVER 5 years ago and you live in Scotland ??

 

Is that correct ?

 

If that is the case and you haven't tried to avoid the debt by deception, then it is well and truly statute barred and the CANNOT collect on it.

 

You'll need letter M for Connaught here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Is it important to start the letter:

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

 

It just needs a slight adjustment for Scottish Law.

Be VERY careful whose advice you listen too

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Thanks for that Curlyben. Yes those points are correct.

 

Should I wait for a response to the CCA letter I sent? Or send this straight away? Many Thanks.

 

Ps do you know what adjustment I will have to make?

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Hi,

Use the template and just substitute 5 years for 6 years and instead of the Limitation Act 1980 Section 5 put The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6. You may also wish to include the follow from the Act:

 

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged;

 

then as from the expiration of that period the obligation will be extinguished..."

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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