Advice to give my friend re: Connought Collections

fermi

LisaB1970 wrote: »

They said they would be able to get a true copy of the terms and conditions but would more than likely unable to provide her with a signed copy - i thought this was the only way to prove the account may be hers? He said a true copy was lawful proof

Utter bullwarks!

If you are asking for a copy of an agreement that you know is yours, then an unsigned copy is good enough.

If your are disputing that the debt was yours, then they need to provide proper proof.

LisaB1970 wrote: »

I also said if they could not prove that the account was hers would she be able to get all the money back she had paid - he said no because it was payments made voluntarily - this was only because the letter they sent her was threatening her with bankruptcy and she panicked!

If it turns out that the account is not hers, then you can demand the monies back. via the courts if necessary.

If you think the debt was (and so stil is) statute barred, then there is a letter here:

http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

However, if you are also disputing that the debt is hers, then you may also wish to combine that with the disputed debt sections in this one.

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

Ending up with a letter that makes these points.

1) You dispute that the debt is hers, and require proof. Payments were made under duress, and do not prove she owes them a penny.
2) Regardless of (1), you believe that the debt would be previously and still is statute barred. And that if if they say it's not then they must provide proof of this.

LisaB1970

Thats brilliant, thanks Fermi. I also mentioned the fact that they said they would make her bankrupt and he said they would have done as they are allowed to do this for debts over £750?
He said because she had been paying for 3 years it was proof that it was hers!

fermi

LisaB1970 wrote: »

He said because she had been paying for 3 years it was proof that it was hers!

Rubbish.

All it proves is that they bullied someone vulnerable.

You might like to formally complain by letter about that as well.

The OFT is currently looking at this: OFT launches mental capacity guidance consultation

fermi

On a side note, it's wise not to believe a word that companies like Connaught might utter over the phone.

The will lie and twist the truth on the phone.

These things are generally best kept to writing, as they won't be prepared to tell their porkies in a letter lest it be used against them.

LisaB1970

Just an update.

I drafted a letter for my friend and it has been sent recorded delivery - basically asking them to prove the debt is hers and if they cant then she wants the money she has paid them back because it was not voluntary. We'll see how far we get......

LisaB1970

Another update. My friend had a letter from Connought on saturday.

All it was was a copy of their complaints procedure and what she has to do and what they will do in the event of a complaint! There was no proof of anything in this letter like we had asked for.

Do we need to write to them and ask them to provide all the info again or is this something standard they send out anyway?

Any help appreciated

Culex

The poor dears were obviously confused by the request of a refund of the monies paid as a result of their (aggressive? forceful?) collection methods.

Perhaps you should try again, but omit any request for a refund this time - if needs be, you/she can press that matter later.

LisaB1970

Culex wrote: »

The poor dears were obviously confused by the request of a refund of the monies paid as a result of their (aggressive? forceful?) collection methods.

Perhaps you should try again, but omit any request for a refund this time - if needs be, you/she can press that matter later.

Indeed Culex. Letter was sent yesterday stating there appears to be some confusion as they had only sent their complaints procedure and nothing that had ben asked for and that they had 12 working days from the date of the letter to provide proof the debt is hers.
However i hope they dont keep avoiding the issue by sending her letters that arent what she asked for and we have to keep writing back with the 12 day thing as this could go on for months!
I omitted the refund bit as you suggested - although it would be really nice if we could get her money back for her

FOURCANDLES_2

Culex wrote: »

If it was literally two years ago, Connaught Collections would have broken the requirements imposed on their parent company, 1st Credit, by the largely ornamental Office of Faffing and Twaddling.

The OFT has the ability to rescind a Consumer Credit Licence, but they rarely - if ever - do that. Consequently, some debt collection agencies seem to think they can almost get away with murder.

The people should treat dca companies in the same way with total disregard:D

LisaB1970

This is an ongoing situation I have been helping my friend with.
We sent the "prove it" letter, depsite her having been making payments for around 3 years. The original letter from the DCA threatened bankruptcy. At that time she was a lone parent with 3 small children so the "pay up or we will ruin you" letter frightened her so she paid - although they say they find this hard to believe.
They also state that the debt was not statute barred - fair enough if it wasnt, but do they also have to prove this one way or another?
I became aware of it several months ago - I did get advice on here but cant find the thread (apologies!).
We have now had a letter back saying the original lender cannot provide a copy of the original agrement nor copies of the account statements. She has paid around £800 to these people.
Any advice on how to proceed would be great.
Thankyou.