1st Credit & Connaught Collections

[skillz123]

I have just been handed in person a SD from conaught collections with regards to a debt with citifinancial which has been assigned to 1st Credit. Before being handed the SD had already recevied one in the post.Wrote to connaught making an offer which was turned down. Have not seen a CCA from them. I now have 21 days to repay the debt or 18 days to try and set aside. Really concerned I would lose my home, have 2 young children. Any ideas what I should do next. Any help would be appreciated

[ScabHunter]

You should definitely apply to have this set aside if you are a homeowner.

 

Worst Crudit are the most infamous of all DCAs for issuing frivolous statutory demands through the post, so the fact that they have had one served on you properly by a process server means that they are not bluffing in this case. They really do want to make you bankrupt.

 

You say "Have not seen a CCA from them". Does mean that you have made a request for a true copy of the agreement and not received anything? If so, there is the basis for your disputing the alleged debt.

 

Did you ever receive a default notice from the original creditor before the account was terminated and passed to a DCA?

 

Is there a name on the statutory demand itself which you are supposed to be able to contact? If so, it is definitely worth trying to contact the person. If you repeatedly cannot get through, you can mention this on your affidavit.

 

Have a read of some of the threads on getting statutory demands set aside, in the Legal Issues section of the forum. They will give you some idea of what you will need to do.

 

SH

[sosumi]

Sunday Times request for more stories on Debt Collection practices

Hi Skillz

In addition, you might want to email the Sunday Times asap - click the link to read the message.

[42man]

If they have turned down your offers of payment then this is afgainst the OFT's guidelines.....(I quote from a government minister) "Debt collectors who issue statutory demands without giving debtors reasonable opportunities to agree a repayment schedule are likely to be in breach of the Office Of Fair Trading's debt collection guidance. This guidance outlines the type of business practice that the OFT consider unfair and therefore uncompatible with fitness to hold a consumer credit licence.

 

In addition to this, the government has recently strengthened the OFT regime to give them greater powers to investigate and take action against unscrupulous or incompetent firms. The OFT will be targeting it's monitoring and scrutiny activities on debt collectors"

 

You have got 18 days to get this set aside. In the first instance I would send them a CCA request from here (LETTER 'N') you need to send this recorded delivery with a £1 postal order - send it to Connaught

 

Letter 'N' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You can find the forms 6.4 (set aside) and 6.5 (affadavit) in electronic form here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

You will also find some very useful information here. - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

May I ask what the demand says too (but don't be specific with the numbers) i.e. does it say what the debt is for ? Please shout if you need some help.....

[42man]

I would also URGE you to complain to the OFT.....but if this has been handed to you in person then they are pretty serious, please don't ignore this, and as I said if you want some help or aren't sure what to do please ask...

[skillz123]

You should definitely apply to have this set aside if you are a homeowner.

 

Worst Crudit are the most infamous of all DCAs for issuing frivolous statutory demands through the post, so the fact that they have had one served on you properly by a process server means that they are not bluffing in this case. They really do want to make you bankrupt.

 

You say "Have not seen a CCA from them". Does mean that you have made a request for a true copy of the agreement and not received anything? If so, there is the basis for your disputing the alleged debt.

 

Did you ever receive a default notice from the original creditor before the account was terminated and passed to a DCA?

 

Is there a name on the statutory demand itself which you are supposed to be able to contact? If so, it is definitely worth trying to contact the person. If you repeatedly cannot get through, you can mention this on your affidavit.

 

Have a read of some of the threads on getting statutory demands set aside, in the Legal Issues section of the forum. They will give you some idea of what you will need to do.

 

SH

nn

Edited January 16, 2009 by skillz123

[skillz123]

The demand says its served on me by the creditor who is 1st credit and claim I owe £XXXX particulars on page 2 and that conaught are authorised to make the demand on behalf of 1st credit. Part C of the SD says " For completion if the creditor is entitled to the debt by way of assignment, Original creditor: Citifinancial, Assigness: 1st Credit. From memory I've not received any letter notifing me of assigment nor how much of the debt has been bought by 1st credit. I've not recevied any correspondance from 1st credit and when I tried to speak to them they put the call through to connaught. Aside from the offer letter which I sent to connaught I've also spoken to them on the phone making an offer which they've rejected. I'm sending the cca today is there anything more I should do or just wait and see what there response is.

[42man]

I would definitely get this set aside...ring your local court and ask them if they handle bankruptcies, if they don't then they should be able to tell you the nearest to you that does. Fill out forms 6.4 and 6.5, (if you need some help take a look at the 'Legal Success' thread above) take them to the local court ask them to swear in your affadavit (which is usually free or £5 at a local solicitors or £12 for central London courts)....

 

Get the CCA request sent ASAP....

 

It might also be wise to send Citifinancial a SAR too. (May I ask when the last time was that you made a payment towards this debt or acknowledged it ?)...

 

The SAR is here (this costs £10 unfortunately) send it recorded

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

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

3. 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 ORIGINAL CREDITOR.

4. 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.

5. 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).

6. Details of any collection charges 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.

7. 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.

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

9. 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.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[42man]

If you need any more help/info please shout....

[blipvert]

was the 'person' who served it a bona fida process server or did he/she look like a pensioner. I'm not being facetious but this outfight use pensioners as 'licensed field agents' i wonder if they're getting them to deliver SD's.

Edited January 16, 2009 by blipvert

[skillz123]

The man who came round with the copy of the SD had been round earlier in the day and dropped a card saying urgent and that I should contact either the 0845 number or the mobile number. As I didn't know what was going on I called the 0845 number first and the woman who answered wouldn't give me the name of the company until I'd given her my post code and then she told me that the man was trying to deliver a letter regarding my debt with 1st Credit and needed to give it to me only which he did later that day. When he came back he didn't show me any ID, just handed me an envelope with the copy inside. Didn't even have my name on envelope. He say that I should try and borrow the money to pay off the debt if I could but told him that I couldn't. I have sent off the CCA letter, what do I do if they do send me a copy of my agreement with citifinancial????

[blipvert]

In the unlikely event you get a copy of the CCA you'd need to scan it onto here AFTER REMOVING any identifiers so that a senior lag can see if it is enforceable (correct prescribed terms etc). Suggesting you borrow money to pay this alleged debt is against oft guidelines. Citi have a reputation for poor/no CCA's, (someone even suggested they got shredded). Remember, no CCA = unenforceable, and even if a CCA is produced, it must be correct. Curiosity on, when was the card taken out, the older the better. IIRC, the industry started to get its act together circa Jan 06 with regards to CCA's.

 

PS: when is the 12+2 days up and are you making arrangements to get this set aside as per the recommendation from 42MAN.

Edited January 20, 2009 by blipvert
ps

[skillz123]

It wasn't a card but a loan and it was taken out in 07. Going to give the county court they named in the SD a call and also visinting the CAB to make sure that I have completed the two forms correctly. Do you not think that by writing to them when I originally received the SD that I have acknowledged the debt. The 18 days to set aside is up 02.02.09. When you say the CCA should be correct does that mean it should bear by signature as well as that of someone from Citifinancial (original creditor) acknowledgeing the transaction between both parties.

[blipvert]

It wasn't a card but a loan and it was taken out in 07. Going to give the county court they named in the SD a call and also visinting the CAB to make sure that I have completed the two forms correctly. Do you not think that by writing to them when I originally received the SD that I have acknowledged the debt. The 18 days to set aside is up 02.02.09. When you say the CCA should be correct does that mean it should bear by signature as well as that of someone from Citifinancial (original creditor) acknowledgeing the transaction between both parties.

 

I beleive havingastella answers some of your inquiry, you made above.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178900-what-does-debt-proven.html

[ScarletPimpernel]

Given the exposure of 1st Credit's failure to comply with it's obligations, both by the BBC and the Sunday Times, and the number of successful set-asides, I wonder if they have realised that sending SDs by second class post is unproductive and likely to focus unwelcome attention from the OFT on their unsavoury business. If this is the case, it may be that they will issue more SDs personally.

[skillz123]

Well posted CCA to Conaught last Friday and got a reply today. Qoute " Noted your request for info under the CCA and write to confirm have requested this info fm our client and shall provide as soon as in receipt. Must point out that due to debt being assigned fm original creditor to our client may take longer than 12 days. We confirm no enforcement action will be considered by Connaught until this info has supplied to you. Should you wish to discuss please do not hesitate to contact us."

 

BTW the SD served on me personally states a court I should make my application to set aside but it isn't my own local bankruptcy court but the local one to Connaught, and should I be trying to set aside especially as I wrote to them before being served asking to repay in instalements which they rejected. Should I contact them again showing them that i've no equity in my property and its also got a secured loan on it so if they were to bankrupt me they wouldn't get anything, or wait and see how long it takes them to get back to me.

I also wrote to 1st Credit a while back (8.01.09) with regards to the SD and asked them to reconsider their action but have heard nothing.

 

I really don't know what to do for the best now.

[ScarletPimpernel]

Firstly, Worst Cretins bleatings about taking longer than 12 days are meaningless; the 12 working day limit is statutory, and one would imagine that a company buying debt should ensure that it either has the paperwork on purchase, or can access it in time to meet legal requests.

 

In my view you should still get the SD set aside - I wouldn't trust Connaught/1st Credit not to continue, as much from incompetency as anything else - than I would trust Gordon Broon to run the econmy successfully.

 

Until you get a response to your CCA request, don't contact them again; if they can't come up with the agreement then they are stuffed and there's no point wasting effort on them.

[fiftypence]

I would go for set aside and claim your costs, it can be done at your local court (not sure about the mechanics of changing the court but I know it can be done) If you wrote to them making an offer and they rejected it then that needs to be mentioned in your set aside and would probably be reason enough on its own to have it set aside.

[Having_A_Knightmare]

You need to complain to your MP about CONaughts action. Your MP will pass it on to the C/O at OFT who in turn will ask your permission to look into your case if they have enough complaints.

 

I personally think with all the bad press and there antics the goverment will make an example out of CON or 1st Credit and remove there credit licence.

Remember the more complaints via MP`s they will have to do something!!!

 

HAK

[skillz123]

Thanks very much. Going to get the forms filled out and guess its wait for the hearing date. By any chance has anyone had their SD with connaught/1st credit set aside and what was the procedure????

[42man]

Quite a few cases here (And I know Having A Knightmare) won his + costs - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

[skillz123]

HELP.... May have shot myself in the foot went to CAB and was told that because I wrote to connaught offering to make instalement payments it may appear to the judge that I've acknowledged the debt and that now I'm applying for the debt to be set-aside because of the CCA it might not look good so the set-aside might not be given. Any advice???. Should I still go ahead with the set-aside and attach a covering letter for the judge. If yes any ideas on what to say. I'm now really worried as both connaught and 1st credit now I own my home even if there is no equity they may still go ahead abd bankrypt me on principal. Help

[fiftypence]

Connaught could well argue that you have acknowledged the debt by making an offer, however, they would be shooting themselves in the foot because that offer should have been properly considered and responded to rather than rejecting it off hand and going down the BR route. I would think that any judge told of those facts alone would be very highly critical of Connaughts actions. Connaught should not be trying to bankrupt you when you have made an offer of payment even if it is in instalments.

 

You need to have a look at some of the other members successful efforts to get SD's set aside and see what they put on their forms and if their circumstances are similar to yours (and some of them will be) you can plaguerise their comments to fit.

[skillz123]

Hi, Help.... I may have shot myself in the foot CAB have told me that because I wrote offering to make instalement payments it may appear to the judge the I've acknowledged the debt. I've completed the forms to get the debt set aside and was gonna go next week, but was wondering if I should still go ahead and if so should I also attach a covering letter for the judge. Conn and 1st know I own my home so they may contiune out of principal. Also any ideas on what I should put in the covering letter if its applicable. Getting really worried now....

[blipvert]

The way BR works is that your assets would be sold by the OR and the proceeds shared out amongst your creditors on a pro-rata basis. However, in this case, you have negative equity so it is not an asset and to sell it would be pointless, in any event the mortgage provider would have first shout on all the proceeds leaving nothing left (I'm assuming you have no other large 'assets'). Bearing in mind it costs circa 750-1000 to petition for someones BR and the petitioner has no control over how the assets (if any) are distributed the mathematics in this case just don't add up.

 

Perhaps the SD was hand delivered because as SP says, of recent adverse publicity, however, If I were you I'd definately get it set aside and go for costs. You have a technical defence, no CCA. Is the 12+2 up yet, if so, it may be a good time to send off the account in dispute letter. Two defences then, account in dispute and no CCA. I believe acknowledging the debt in this case is immaterial, have a read of the case law mentioned in this thread:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178900-what-does-debt-proven.html

 

Personally I think your biggest worry is a daft judge who isn't clued up on consumer law. If you're a litigant in person then be prepared on a just in case basis.

 

footnote to senior lags: please correct if any of above is wrong or have anything to add.