Connaught Collections + 1st Credit (Halifax)

[Yellow160]

it was sent 2nd class post. Letter was posted 17/07/07 and was recieved 24/07/07.

[Yellow160]

So Connaught out of the picture = RESULT

CCA to 1st received 18/07

12 (working) days - 3/08

Month (calender)- 3/09

 

Best advice is WAIT.

You want to see what they supply.

Once the 12+month has passed keep waiting until they demand payment, then its a matter for Trading Standards to deal with.

 

You need to wait for the time to expire AND them demanding payment otherwise is could be looked on badly and you want TS on YOUR side.

 

I have only sent the CCA to Connaught, who replied with their files have now been closed and passed back to 1st Credit.

 

Should i now CCA 1st Credit?

[sequenci]

it was sent 2nd class post. Letter was posted 17/07/07 and was recieved 24/07/07.

 

the service of the statutory demand is invalid. it has to be sent (at the worst) first class, and even then they should have tried to have delivered it by hand.

[Yellow160]

the service of the statutory demand is invalid. it has to be sent (at the worst) first class, and even then they should have tried to have delivered it by hand.

 

Thats what i thought whilst reading other posts about these SD that connaughts send out. It even went to an address where i havnt lived for nearly 10 months now. It also has no court details on it or any court stamp.

[Yellow160]

Im sure the time frame for the CCA has now expired, It was received 18/07/07 and i have heard nothing apart from the letter to say it has been passed back to 1st Credit.. I have heard about 1st Credit being quite nasty but since the account was returned to them i havnt heard anything else. What action/steps do i take next?

[sequenci]

Just wait and see what happens next!

[welly59]

Hi

I'm in a similar situatin with this group.

 

I recieved the letter from Connaught and CCa'd them. I had a letter this morning telling me "our files have been closed and returned to first credit."

 

Do I have to CCa 1st Credit now?

 

Very interesting thread

Regards

[Curlyben]

Welly, WAIT for 1st Credit to contact you.

[Yellow160]

Its been 2 months now since i cca'd connaughts. Then today a letter arrives from Robinson, Way and ? Debt Collectors, Saying i have 10 days to pay the full amount or court action will be taken. Was caught a little off guard as i answered the phone as it was an operator from robinson, way and ? I know people have said not to speak to them but thought i would listen to what they had to say, The guy i spoke to was polite untill i mentioned the account was in dispute as i cca'd connaughts and 1st credit still havnt supplied the signed credit agreement and why they were trying to collect the debt when it was disputed. He very abruptly told me that if i had done that 1st Credit would have definatly sent the agreement and it must have been lost in the post ( Yeah Right) and told me to chase it up, To which i replied ok i will send it again to which he got really mad and told me that if i sent one into them (Robinson, Way and ?) they would refuse to supply it as i had already requested one previously? (Is this Correct?) and they would supply it once it went to court. I tried to remind him of the Consumer Credit Act but he just said yeah im sure your aware of that but we no its your Debt? When questioned how all i got was we know your name and address so that proves its yours. I hung up before i laughed.

 

Should i CCA 1st Credit and Robinson Way and ? again and see what happens or can anyone suggest a letter i can send or the next steps to take.

 

 

Regards

Yellow160

[Curlyben]

WTF !!!

Another one !!

This is RW&c letter of choice for the moment.

so as I have previously posted ........

 

Wellll in that case how about we tie them up a bit

As they are threaten court action how about a DMD special

 

Edit as needed:

 

Dear xxxx,

 

I acknowledge receipt of your notice of legal action sent by your company on 3rd July 2007 which was received on 6th July 2007.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against ** DCA **. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity

to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Yours Faithfully,

[Yellow160]

Cheers. I will edit where needs be and get that posted 1st thing tomorrow to them and see what happens. I was expecting something as they had been quiet for too long, Seems like 1st credit have passed it to Robinson Way to try and harrass me now instead of connaughts.

[Finlay07]

It wouldn't suprise me if Scotcall got in touch soon as well. Seems to be the procedure with 1st Credit at the moment

[Yellow160]

WTF !!!

Another one !!

This is RW&c letter of choice for the moment.

so as I have previously posted ........

 

Wellll in that case how about we tie them up a bit

As they are threaten court action how about a DMD special

 

Edit as needed:

 

Sent the above to Robinson, Way & Co, and also sent a CCA request to 1st Credit. Time to sit back and see what happens