Failure To Comply With CCA Request

[Arai64]

After receiving an erroneous demand from Barclaycard for 4005 Pounds, and politely telling them where to go, I received phone calls and letters from 1st Credit Ltd. I ignored these, then received a statutory demand from Connaught Collections UK Ltd, stated as on behalf of 1st Credit - Barclays Bank.

 

Using a template from herein, I sent via recorded delivery to both Connaught and 1st Credit a CCA request for accounts, deeds, etc, and enclosed the statutory fee via P.O. To date, 1st Credit have completely ignored my request, (I think perhaps they and Connaught are one and the same), but kept the one pound fee.

 

Connaught got back within the initial 12 days, stating:

 

"I write with regard to the above matter and in particular your recent request for further information. I must advise you that we at Connaught do not hold such details at this office.

 

Copies of the documents have been requested via 1st Credit - Barclays Bank and will be forwarded to you upon receipt. Your continued patience is requested. Please call should you need to discuss any of the above.

 

Yours sincerely

 

Mr. R Maggs"

 

After allowing 12 days, plus a further 30 calender days, and failing to hear anything further, I wrote back to Connaught informing them they'd failed to discharge their statutory duty. I informed them they'd committed an offence and that I'd report them to Trading Standards, (which I have).

 

Connaught replied with:

 

"I refer to your letter dated xx/xx/xx. As advised in our letter to you on xx/xx/xx, the documentation you have requested has been requested from Barclays Bank via our client, the assignees of this debt, 1st Credit Ltd.

 

This information shall be supplied to you upon receipt of same. We confirm no action shall be taken whilst we await this information.

 

Yours faithfully

 

Mr. D. Williams."

 

So apart from one of them being faithful, and the other sincere, how can I cement this position? Can I go along to The County Court and instigate proceedings, with a view to permanently ending these clowns antics? Any advice or observations would be most welcome, and thanks in anticipation!

[Weird Al Yankovic]

From my own personal experience TS couldn't care less about companies failing to adhere to CCA requests.

 

Maybe other members have more positive experiences.

[ScarletPimpernel]

I'm not sure why you sent 2 CCA requests - only one was necessary. The criminal offence was removed from the CCA 1974 by the CPUTR 2008 - they only have 12 working days to comply, but they don't commit an offence if they don't.

 

As you surmised Worst Cretins and Connaught are one and the same. Until one or t'other comes up with the paperwork, if they issue proceedings you have an absolute defence.

[gyzmo]

There was a huge debate on this on the debt forums. I will not repeat here what has been debated there. I still believe though that the best thing to do is to approach the FOS or failing that to go to court yourself and seek judgement that the agreement is unenforceable.

[Arai64]

Thanks all. Gyzmo, taking them to court to seek some form of binding judgement, is exactly what I want to do. The big question is how to go about it?

[Weird Al Yankovic]

go to court yourself and seek judgement that the agreement is unenforceable.

 

Isn't that what some chap did fairly recently but got left with a huge legal bill?

[Arai64]

Isn't that what some chap did fairly recently but got left with a huge legal bill?

 

Do you have a link to this guy's case, WAY?

[gyzmo]

I would be interested in that case myself. Try the FOS in the meantime.

[Weird Al Yankovic]

I would be interested in that case myself. Try the FOS in the meantime.

 

It's that case that happened fairly recently where some chap was trying to get out of his debts and took his creditors to court to make the debts unenforcable due to lack of agreements, but only one of his creditors was trying to enforce anyway.

 

Thus he had a hefty legal bill.

 

Sounds a bit like what happened and what you are advising the OP to do here!

[slick132]

Hi Arai,

 

I think peeps are referring to the Rankine case. Not really relevant to yours though.

 

I see in your 1st post you refer to the issue of a Statutory Demand. It's not wise to leave the DCA to investigate re CCA request and leave the SD not dealt with. If they change their mind and you've not addressed the matter formally in court, you could be up to your knees in nasty stuff.

 

I'll move this into the Legal Issues forum where you should get good advice .

[slick132]

You should read this thread. Good example of how to d/w an SD.

 

Seek costs as well. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html

[Weird Al Yankovic]

Hi Arai,

 

I think peeps are referring to the Rankine case. Not really relevant to yours though.

 

Thanks for that Slick as it was the case I was referring to.

 

I know it is nothing to do what the OP posed but I was referring to what gyzmo had posted to the OP in that he should go to court to get his agreements unenforcable.

 

But is that not basically what Rankine had done and ended up a bit of a tool?

 

Just thought it a bit of reckless advise.

[slick132]

Yep, I believe the Rankines came a cropper in the end.

 

In Op's case, CCA request has to be right. Also, the "Prove It" letter may have suited.

 

I don't see that using the FOS is appropriate at this stage, nor is going to court, unless the DCA tries a Claim against OP.

 

However, the SD must not be left and Arai should formally apply at court to have the SD Set Aside quickly. There's a risk of further action if this is not done.