Connaught Collections - Statutory Demand Threat

[wish me well]

Hi,

 

Have received a letter today from Robinsons Way, Formal demand for payment.

 

This is a formal notice of intended court action. We may take action unless YOU PAY THE FULL AMOUNT YOU OWE WITHIN 10 DAYS OF THE DATE OF THIS LETTER.

 

If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order the following may occur:

 

A process of enforcement by court officers.

An order for deductions from your earnings.

An unpaid court order may make credit difficult to obtain.

 

This problem account will not go away or be forgotten - it makes sense to pay now. Call now to pay using your debit or credit card ------ and so on and so forth!

 

 

Hi Dotty

 

long time no type!

 

right this letter is not in any shape or form pre action protocol but..... this doesnt mean you should just sit back and wait. I made this mistake and got a court form land on my doorstep.

 

Right, you need to fire off a letter to them recorded delivery so you can prove you were in contact with them, (just in case)

 

Ask them what they are to rely on in court, ask them to provide a compliant CCA, anything, just send a letter. If they have requested the balance in full make sure this letter that you send states you accept their rescisson of contract. or the original creditors, cover you bases!!! if you get where I am coming from, if not pm me!!

 

Hope this helps.

 

Kindest wishes sent as always

 

I villllllll be baaaarcck!!

 

Wish me well

[Dotty50]

Hi WMW,

 

Thanks for posting, yes I agree, some sort of letter needs to be sent.

 

I will have a think and post something here for opinions. I am pretty sure that I have written confirmation that they cannot supply original T & C's so I guess they do not have an original agreement.

 

Nor have they supplied any NOA in the SAR as this was originally a Leeds card.

[wish me well]

Hi WMW,

 

Thanks for posting, yes I agree, some sort of letter needs to be sent.

 

I will have a think and post something here for opinions. I am pretty sure that I have written confirmation that they cannot supply original T & C's so I guess they do not have an original agreement.

 

Nor have they supplied any NOA in the SAR as this was originally a Leeds card.

 

 

Dear Sir/Madam

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

Account number xxxxxxxxxxxxxxxxx

 

Please be advised that I am a little bewildered again by a letter which was received today from the company above informing me of possible court action against my person. Please note this is the second letter of the same content you have sent to myself, but as yet have not supplied what I have requested in order to be able provide a complete response.

As you will be aware I have repeatedly corresponded with regards to the above account number and have as yet not received what has been requested in full and which you are required to provide by law.

 

I require you to provide me with the said Default Notice that you claim to have issued to myself with regards to the above for me to inspect and give consideration and compare to any information I may have. In your letter you make a statement in which you will rely on default notice information, which I have no recollection of ever receiving, but having checked with the CRA’s a default has been added to my records, if you could not provide this information when I made the SAR request the covering letter should have made this clear as by law I am entitled to ALL the information that is relevant to this account. For you records the SAR request was made in xxxxxxx and I have proof of delivery for this and every other letter sent to your company and any other company which has dealt with the above account.

 

The information which was requested included a Full Subject Access Request under the Data Protection Act and a credit agreement which is Fully compliant with The Consumer Credit Act 1974 to include all of the prescribed requirements of said act.

 

 

This has left me under the assumption that you are trying to exploit the consumers lack of knowledge on The Consumer Credit Act 1974, and the rights to which the said act gives.

 

As the last letter informed, the credit agreement does not comply with the requirements of The Consumer Credit Act section 61(1)(a) signing of agreements, and you have not provided the Default Notice which would be required to commence any court enforcement action.

 

What is required was confirmed by HIS HONOUR JUDGE LANGAN QC, I refer you to the case notes below:-

Mitchell Vs Bank of Scotland (June 2009)

'The key words in Section 61(1)(a) are the reference to a document itself containing all the prescribed terms, and conforming to the regulations under Section 61. This language is clear and specific, and ensures that mere reference to terms contained in another document will not suffice. The document must contain the prescribed terms, just as the signed document referred to in Section 127(3), which might save the day, must however contain the prescribed terms. The construction contended for by the defendant is entirely consistent with the language of Section 61(1), and is also supported by Professor Good in his encyclopaedic work - see Good & Consumer Credit Law and Practice volume 2, 2B 5.121, and see also the comments at 2B 5.247. There the learned author draws a distinction between the language of paragraph (a) contain and paragraph (b) embody. It is respectfully submitted that the court should adopt the same reasoning in determining this issue in favour of the defendant, irrespective of whether or not it finds that the defendant was supplied with documents other than the credit agreement itself'

 

As you failed to provide a signed copy of a compliant agreement that conforms to the regulations, and other relevant documents, and failed to send a full statement of the account and failed to provide a true copy of the alleged Default notice when requested by myself I feel confident that to proceed in the manner which you are at present could possibly be construed as “wasting the courts time“ taking into account the above mentioned case, as such I do not acknowledge any debt to your company or any other company you instruct on your behalf.

 

I require the following action from Halifax :

 

1. All payments made to date to Halifax and any other company which profited from misleading the consumer of their rights and obligations for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Halifax or any other company which you have instructed. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Halifax or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

Just for further clarification I require you to supply me with the Default Notice that you state has been issued and is fully compliant in content.

 

I look forward to your reply within 14 days to resolve the matter amicably

Yours faithfully

　

　

　

xxxxxxxxxx

Sent recorded delivery to ensure compliance within the given timeframe.

 

This may not apply to all of the actions you have taken but it will give them something to chew on and while they are doing that you can research what is needed to fight and win these pieces of sxxxx

 

Kindest wishes

 

wish me well

 

p.s. this letter has been used and it was 8 weeks before anything else was heard

Edited May 10, 2010 by wish me well

[Dotty50]

Hi WMW

 

Thank you for taking the time to post this letter up for me, I will probably use some bits of it, as you say, a lot really doesn't apply to me but it will help.

 

I have had a look for some threads/posts about this bunch of wotsits and it appears that they retreat fairly easily so not quite as concerned now as I was earlier.

 

Thanks again.

[Dotty50]

Here is the Robinsons letter, thought it may be useful for others to see.

 

Response will be drafted tonight!

ROBINSONS WAY - 7TH MAY 10 with deletions.pdf

[Dotty50]

This is what I am thinking of sending.

 

A little briefer than yours WMW! but will keep a note for any future problems.

ROBINSONS WAY -with deletions.doc

[Dotty50]

Well, as Laura said earlier, Parasites!

 

They left a message on the answerphone at work!!!!!!

 

Halifax have never used this number so it is a mystery how they obtained it.

[Laura Cooke]

They are Dotty can`t print my true description of what I think of them anyway my complaint form to FOS went back yesterday had 9 calls this past week some silent and most late evening low life/parasites doesn`t come into it I would personally like the Police to see them about harrassing severley disabled people when they have constantly been told not to arrogance doesn`t come into it they are in a league of their own

[Dotty50]

Hmm,

 

Just realised I haven't sent the letter off to Robinsons Way!!!

 

Since had another 2 letters, the last one saying they MAY agree a special settlement figure to clear the account.

 

As Halifax rejected an offer of 35% a while ago, I wonder what they would go for now?

 

Am I tempted to see what they would accept? Yes & No!

[Dotty50]

After receiving a

 

SECURITY TELEMESSAGE - SECURITY TELEMESSAGE - SECURITY TELEMESSAGE - last week.

 

Thought I had better reply so sent the letter previously posted but just amended and referred to several letters received.

[sunflower99]

Hi Dotty

I am glad to see you giving robinson way a hard time and I am sure you will see them off!!

I just found another letter where they put my credit limit up without me asking them!I am keeping them all as an example of irresponsible lending!

[Dotty50]

Hi Sunflower,

 

Hope all well with you, I have been sorting other more pressing things out so not been doing much on here but will hopefully get back on track now!

 

Incidentally Cap1 sent my OH a fantastic offer of 3.49% on balance transfers, despite writing telling them of problems three months ago!

[sunflower99]

Hi Sunflower,

 

Hope all well with you, I have been sorting other more pressing things out so not been doing much on here but will hopefully get back on track now!

 

Incidentally Cap1 sent my OH a fantastic offer of 3.49% on balance transfers, despite writing telling them of problems three months ago!

Hi Dotty

Same here! i not been on cag much as i been dealing with pressing problems too, Everything gone a bit quiet over my Halifax card at moment.since they sent letter that they looking into my complaint of .sending a not very legible cca and off iresponsible lending

[Dotty50]

Hi Sunflower,

 

Managed to get the letter sent off to Robbers Way, strangely enough, I have just had a text from them!

 

Few calls on landline but just keep the answerphone on so not a problem.

 

A message had been left from Albion, I think they are connected too!?

[Dotty50]

Long time no posts!

 

Should I be concerned about a letter from Nelson Guest & Partner Solicitors?

 

Looks very similar to previous letters from Robinson Way and Wescot!!!

 

"Unless full payment is made to Wescot, or a suitable repayment plan is agreed, within 10 days of the date of this letter, further recovery activity will be undertaken" etc!

 

Unsigned........ how professional!!

[Dotty50]

Hi,

 

I have received a letter from Connaughts stating they are instructed by 1st Credit and have given 7 days to respond, otherwise they will pass it to their Bankruptcy Department for the immediate issue of a Statutory Demand under the Insolvency Act 1986.

 

Any advice on how to respond would be appreciated, I am off to dig out my folder and will give a brief history asap, but it is a long disputed very old Building Society CC that went to the Halifax, s78 not complied with (from 2009) and I have written confirmation that they are unable to supply the original T & C's.

 

I did try an offer of reduced payments and also a F & F due to my circumstances at the time and a verbal payment plan was agreed, however after requesting written confirmation of the agreement and reduction of the rate charged, I was told that it was unacceptable and we started playing letter ping pong with no conclusion.

 

I am aware also of this which one of the site team posted on another thread, so I guess I will use this in my response.

 

http://www.oft.gov.uk/news-and-updates/press/2009/20-09

[Dotty50]

I have just drafted a brief letter to go back to Connaughts, advising them of the non compliance with s78 and that I am aware of the requirements imposed by the OFT on 1st Credit and I will put in a complaint if they continue to proceed with their threat.

 

I will not use their 2nd class prepaid envelope but instead send it Royal Mail RD, I will post any developments.

 

I may also prepare a letter to the Halifax to re-open the complaint, as it seems this has been successful for another Cagger in getting an issued SD withdrawn.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334163-Connaught-Collections-1st-Credit.-Statutory-Demand-received-advice-please.&p=3750457&viewfull=1#post3750457

[Dotty50]

Should I put that I do not acknowledge etc?

[mevsthem]

Hi Dotty, Just dropping in to sub to your thread. Did you place the account in dispute with the O.C ? If you did then this should have been passed on when they sold the account to the DCA. More than likely they will not have been notified of the dispute. It may be worth a try with connaught and see what there reply is, but in my opinion they will try their luck hoping you cave in. This is an abuse of process so stick to your guns and they should back off eventually. But please do take their threats seriously as they do go through with them. If they scare 6 out of every 10 people with these tactics they are onto a winner. Stick with it and please ask if theres anything I can help with

[Dotty50]

Hi mevsthem,

 

Yes it was put into dispute with the OC and I have copies of all the correspondence, I will get my letter of to them tomorrow, did you have a letter threatening it before it was actually issued?

 

I would put my response to them on here but I think too many watch it nowadays so I am very wary of doing it, but it basically questions the use of 2nd class post for such an 'important' letter, the fact that it is a disputed account with the OC due to non compliance with s78. Also that I am aware of OFT investigation and will report it if they choose to proceed.

 

Should I state that the OC can't supply original T & C's and confirmed this in writing? Should I head it up with the 'I do not acknowledge................'?

[mevsthem]

Hi Dotty,

 

They did send a threat-o-gram before I received the SD but I just filed it with the rest of the junk mail I've had. Basically until I received the SD I ignored them as I just thought they were empty threats. But they do go through with them. You can try to stop them at this stage but I don't know the kind of response you will receive. If you have a valid dispute with the OC then its very doubtful they will attend the set aside anyway. Until you actually receive the SD I would not loose too much sleep about it.

Regards

 

P.s In my opinion I would not say you do not acknowledge because you are stating the account has a valid dispute which needs to be dealt with and cannot be without proper t&c's. Ie You are not disputing you owe the money, you need to know what you had signed up for.

 

If you can please post up a brief story about whats happened with the account so far

Edited March 12, 2012 by mevsthem

[Dotty50]

Thanks mevsthem, I always think the 'do not acknowledge' statement is a bit of a grey area so will leave it out

[citizenB]

I think just advising them that there was an unresolved dispute with the original creditor should be sufficient. Plus send that assignment letter to ensure that 1st credit have the standing to bring any action.

 

When was the last payment made to the account ?

 

It might be in your interests to start collating all your paperwork so that you are ready should they be silly enough to start SD proceedings.

 

There has been a great deal of success with having these set aside.

[Dotty50]

Thanks CB, I will get that letter off to 1st credit too and see what comes back.

 

Last paid approx Feb 09 I think, approached them for help due to a major reduction in income but problems getting it put in writing from them and I wasn't going to throw money at them whilst they carried on adding stupid charges and interest, that was around the time I found CAG and became more aware of things.

 

I've seen Rupert's recent thread and mevsthem has kindly offered assistance, I also understand that 42man is the SD expert.

[Dotty50]

Both letters sent RD today so will await their response.

 

Just a thought, with assignments and any threatened proceedings either through the SD route or a County Court claim, if the debt has been purchased for a percentage of the original balance, what right does any DCA have to put a claim in for more that they have actually paid for it?