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1st credit/Connaught STAT Demand notification


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Received a letter from Connaught this morning - attached.

 

Would normally ignore however the letter states they "will" issue an SD rather than "May" in 7 days time.

 

Debt is an old BOS Credit card debt. It's not Stat Barred until Jan 2014.

 

No PPI and charges reclaimed in 2008 too so nothing to counter with. Been in dispute since 2008 due to not receiving CCA although on two occasions I have had reconstructed ones - there appears no original one although I'm led to believe a reconstructed one is fine if it meets all the criteria. So this is the only avenue I can possibly pursue as 1st Credit have sent the latest reconstructed CCA to me with errors on it. The agreement has been reconstructed on terms and conditions that were not the original terms and conditions. I only spotted this on examining the older reconstructed one sent back in 2009 by a different DCA it was with at the time. The penalty charges at the time the account was opened were £25. the latest reconstructed agreement has them at £12 so the CCA 1st credit have sent through is not a true copy of the original.

 

Should I be pointing this out now to them? Holding fire on things or threatening them with action for fraudulently reconstructing an agreement!? Are there any grounds there from my side? Of course if I point it out now they could just apologise and then re do the CCA with the correct terms as they were at the time the account was opened.

 

Need something to back to them with as I know from reading other threads they tend to follow up on these threats!

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A high risk strategy I would take (because I have nothing to lose) which may not be appropriate to you

 

is to say to them 'bring it on' your case is flawed (do not tell them why). I would add that I am a practised LiP and look forward to besting their barrister.

And I would also point out that I, as a LiP, can claim expenses (which will be enormous) should they lose, which I am confident they will.

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Always up for a fight! Although being a Company Director, bankruptcy isn't really an option so I couldn't afford to lose.

 

 

Been there, Done that, Got the Tee Shirt.

 

Lost the company to HMRC - Bankruptcy

Lost the House to Mortgage Rescue - at least I am still living in it even if I don't own it.

 

Sorry my suggestion is of no use to you. Hopefully one of the 'Big Guns' will be along to assist shortly.

But as the Brig just pointed out to me in another thread - the weather is good so there will be a shortage of CAG'ers

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Thanks ncm, wish the weather was nice here! drizzle for me! Just need to get a good letter off early next week and see what happens, if they carry on regardless I may well buckle and pay it.

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If you are sure that the agreement has glaring errors (i.e. errors on it that are obvious to you and you feel you can stand up in court and explain that what they have sent is an attempt at fraud on their part to pass of this as your 'agreement') then get them to bring on the stat demand for you to set aside and claim your costs, either way you should inform the OFT, as they have been told off about their use of stat demands before - http://www.oft.gov.uk/news-and-updates/press/2009/20-09#.UWmf4MqwV_s

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