Connaught/1st credit - SAR sent no signed agreement received

[skybluechic]

Hi, I have recently sent an SAR request to conaught collection for a credit card account. They have now replied stating but ther is not a copy of the signed agreement. They have enclosed all correspondence since they bought the debt, the notice of assignment, a few statements and data logs. It does not also include a copy of the default which I have on my credit file.

On the letter they have enclosed, one of the points states "should you require a copy of the termination notice you will need to contact (credit card company) as 1st credit did not issue his to you", should they have also included this?

 

I am not too sure what I should do now, should I be sending them the letter stating they have not complied with my request as they have not sent the signed agreement?

If anyone could advise it would be much appreciated!

[firstship]

Hi.......skybluechic.......welcome..........are you making payments to Connaught???????????as they cannot produce an agreement and have not bothered to produce a reconstituted agreement or I assume terms and conditions if 40 days have passed since your SAR was made to Connaught then write to them that they are in Breach of the SAR by not producing all data that is required by the request this puts the account in serious dispute......................see what their reaction is...............if you are making payments perhaps a different approach may be required.....FS

[PGH7447]

wasted a tenner there, you should have sent the sar to the OC and just a cca to 1st creit

[skybluechic]

Hi firstship! Thank you for your reply. No I am no making any payments to Connaught and have not made any payments on the account for 2 1/2 years. They have sent me a copy of the credit card agreement but it has my details on but no signature.

The 40 days are up next week so I can send them a letter then stating thy are in breach. Should I send this to the original creditor or to 1st credit?

[maroondevo52]

Hi,

 

How did you apply for the card and are there any charges you could re-claim ?

[skybluechic]

Hi! I think the card was applied for online and thereis about £130 approximate of late charges and overlimit fees applied to the account. If the card was applied for online does that mean the agreement they have sent is the signed version?

[B3rty]

Hi.......skybluechic.......welcome..........are you making payments to Connaught???????????as they cannot produce an agreement and have not bothered to produce a reconstituted agreement or I assume terms and conditions if 40 days have passed since your SAR was made to Connaught then write to them that they are in Breach of the SAR by not producing all data that is required by the request this puts the account in serious dispute......................see what their reaction is...............if you are making payments perhaps a different approach may be required.....FS

 

What's the legal basis for this?

[maroondevo52]

If applied for on-line can you remember which year, after Dec 2004 with any online agreements a 'tick' in the box would suffice for a signature.

The late charges and over limit fees are re-claimable.

[skybluechic]

It was in applied for in 2006 so I am guessing the agreement they have sent is the online signed version. Does it matter that they haven't sent me a copy of the default notice?

[skybluechic]

After reading several other posts I have just came across the default notice sent by OC and it appears they only gave me 13 days to pay the arrears. From what I have read this could mean the default notice is defective as they should allow 14 days plus postage is that correct? If so what should my next move be?

[babybear39]

Who is the OC?

[firstship]

error............sorry

[babybear39]

OC = Original Creditor

[skybluechic]

Hi, does anybody have any advice on next steps for this please? Thx

[Tingy]

Hi, how much is the debt for? Do you know if it has been to court?

 

It looks as though they've complied with your request and can legally collect the day, so the best approach, subject to the answers to the above questions, is to come to a mutually agreeable payment arrangement with them.

 

Before you do this, do you have any other debts that you are paying or hiding from? How much are these for? We need to make sure that anything agreed is sustainable in the long term. What is your employment situation? Have you any idea of your disposable income - fill out the template IE sheet on here so you know exactly where you stand. A lot of people underestimate their true outgoings so don't fall into that trap. Maybe you could get someone you trust to look through it to see if they think what you've put down is reasonable. Remember that certainly at this stage, this is purely for your benefit and NOT to be shared with creditors.

 

Sorry this is a bit of a ramble, but try and answer all the questions and then we can help you with a way forward.

[skybluechic]

Thank you for the advice Tingy, I will see if anyone has experience with defective defaults and see if this helps.

 

I have attached a copy of the DN which was sent through in 2008, would someone please be able to have a look and confirm if it is defective or not. If it is what does this mean and what can I do next. I have also attached a copy of the notice of assignment and a copy of the front pages (as the documents are 15 pages long) of two sets of agreements they have sent me. The first agreement is dated in 2006 and states the APR. The second is dated May 2008 which is after they had received an SAR request from a company I was using at the time to help me (before I found CAG) which was sent to them in April. Are they allowed to just create a new agreement as I did not sign anything in 2008, online or a hardcopy!

 

Any help is much appreciated as they are now threatening insolvency proceedings against me!

 

Thank you for the advice Tingy, I will see if anyone has experience with defective defaults and see if this helps.

 

I have attached a copy of the DN which was sent through in 2008, would someone please be able to have a look and confirm if it is defective or not. If it is what does this mean and what can I do next. I have also attached a copy of the notice of assignment and a copy of the front pages (as the documents are 15 pages long) of two sets of agreements they have sent me. The first agreement is dated in 2006 and states the APR. The second is dated May 2008 which is after they had received an SAR request from a company I was using at the time to help me (before I found CAG) which was sent to them in April. Are they allowed to just create a new agreement as I did not sign anything in 2008, online or a hardcopy!

 

Any help is much appreciated as they are now threatening insolvency proceedings against me!

 

 

 

 

[skybluechic]

This account has now been passed onto Mackenzie hall. Can anybody please advise what my next steps should be with regards to the default notice?

The last letter I received from1st credit they have stated I need to contact citibank for a copy of the termination notice, i do not have a copy of this should I request it?They have enclosed a copy of a notice of assignment however.

 

Thanks

[alfwithhair]

If it has gone to Mucky Hall the paperwork it not up to scratch, so more than likely not enforceable.

Mucky's are self opinionated specialists in the pursual of unenforceable and statute barred debts, so believe non of their clap-trap.

especially the court bit, because unless 1st Credit have SOLD the balance to Mucky's they can do nothing, only the owner of the debt can do that.

 

Just another point as you mentioned CONoughts, they surrendered their Consumer Credit Licence in 2010, so if they were chasing you after that date, they were not even licenced to do so

 

Licence Status: Surrendered on 11/08/2010

 

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number Connaught Collections UK Limited2880785

[skybluechic]

Hi alfwithhair, it doesn't look like 1st credit have sold the debt, as the 1st line of the letter for mucky hall states Our client, 1st Credit Ltd.

 

The last letter I received from Connaught was end of nov 2010 and they were chasing me for the money in their letter rating on behalf of their client 1 at credit. Does that still mean they have acted unlawfully?

Thanks!

[skybluechic]

Hi,

I had a credit card with citibank in which I haven't made any payments to since 2008 when we got into money problems.

 

The account was sold to 1st credit in 2008 in which I received a notice of assignment.

 

However this week a new notice of assignment was sent to my parents house in which I have never lived at or been registered at.

 

I am a bit confused as to why a new notice of assignment has been sent out and how the hell did they get my parents address.

 

I rang them up to complain but they couldn't tell me how they got the address.

 

Surely this is breaking some rules somewhere.

Should this be reported to the financial ombudsman or is this common practice amongst debt collectors?

 

I have been down the route of trying to see if this debt is enforceable and have sent an SAR to 1st credit in the past

and they have sent me the online agreement that I signed into,

so I am guessing that I will be unable to argue this?

 

Obviously I do not want this to go to court, is my best option to see if they will accept a low offer in full and final settlement?

Has anybody had any luck with this?

 

Many thanks

[Bazooka Boo]

What is this debt?

 

How much roughly?

 

When was this taken out? & How?

 

Do NOT talk to these imbeciles on the phone again, keep everything in writing.

 

They have probably used your parents address as one of their lame underhand psychological intimidation tactics, if your parents receive anymore junk mail from these fools then get them to mark it with RTS not known at this address, and stick it back in the post box.

[BRIGADIER2JCS]

Big mistake never send a SAR to a DCA always to the original creditor.

So get a SAR off to Citi.

Next I would send this latest letter back to 1st Credit marked not known at this address, if the cant' get that right ignore them, the may have lost your details and are phising around lots of similar/same names.

This is certainly too early for an F&F something is wrong here I think.

 

Do not phone again.

[skybluechic]

Thank you for your replies.

 

The debt is a credit card taken out in 2006, the amount is approx 3.5k.

 

From what i remember it was applied for online.

I am now completely regretting ringing them but I was so angry as my mum had opened the letter and is now quizzing me about it.

 

A bit of history,

 

in 2008 we used a company called Trident to challenge the enforcability of our credit cards as we didn't realise you could do this yourself.

 

At the time trident sent off letters on my behalf including an SAR to Citibank.

Trident then completely disappeared along with my paperwork in 2009/2010

and I have not heard from them since but have been receiving and filing all of the letters.

 

As I was being hassled by 1st credit I sent them an SAR in 2010 in which they sent back strangely 2 credit card agreements,

one dated 2008 and one dated 2006, neither of which have my actual signature on.

 

They also sent through copies of letters that were sent to me and a computer data record.

 

Citibank issued a default notice in 2008,

however when I have look at this I am not sure if they have allowed my enough time.

 

The letter is dated 14th month and they have asked for payment of arrears by 27th month?

Does this allow postage time?

 

Also I have a copy of my credit file from 2010 which is showing 2 defaults for the same account,

one with Citibank and one with 1st credit both the same amount and both the same date.

 

I have ordered another copy of my credit report so I will check that to see if it still on twice.

 

I will send this letter back as suggested.

 

They confirmed my current address to me on the phone so they do have it,

I think they were just trying to be sly.

[ims21]

And also the credit card account is likely to be littered with penalty charges/fees which should be reclaimed with interest before even thinking about F&F.

 

Also possibly mis-sold PPI.

 

The Citi SAR should reveal all.

[skybluechic]

I have just checked back through my statement and there is nearly 200 pounds in late and overlimit charges. I do not remember taking out ppi, could this have been added to my account without me knowing? Should I now send an SAR to Citibank?