CONNAUGHT COLLECTIONS STATUTORY DEMAND...is this a fake??

davek1

thats rubbish annie

the 6 yr rule only applies if you acknowledge and accept the debt. Phone calls cant be used at all. If you do write then make sure you preceed anything in a letter with " I do not acknowledge any debt to your organisation" Head the letter "without predjudice" as this has the legal effect of precluding it from any proceedings, although there is some legal argument over that worth the belt and braces approach.

believe me if they had derved your dad with a court paper you would know for sure by now. keep your head down and hope these scum get fed up. They wont sue for that sort of money for sure.

Hope all is ok with dad

dave

annievtaylor

Hello again.....My dad has now had another Statutory demand from 1st credit and ,at the bottom of the page it says this was bought from Connaught. This is for a loan for £2311 from the TSB.
It arrived via citylink envelope through the letter box , it was not signed for but it would still show up as being served as a courier has a delivery record etc?
Dad has absolutely nothing , no assets etc and his income is all from Attendance Allowance and pension...do you think he should write and just make that clear to them along with his doctors certificate as it really is pointless from their point of view as they will never recover anything from this , bankrupt or otherwise.
Just out of interest I heard that credit cards and loans are not seen as priority debts and are not enforced as much as if he owed on a mortgage etc.What is the minimum percentage a dca can ask for as a payment on this amount of debt....Dads disposable income is pants and he owes over £38000..all on credit cards.
any thoughts appreciated , but refrain from calling my comments rubbish as anything I express here has been received from other channels and looked into.

madmoney_2

hi annie, im not too sure about the whole 6 year thing, to be on the safe side i wouldnt contact them at all!!!

davek1

annie

my apologies i didnt mean to infer that your comments were rubbish rather that the information that you had received regarding the 6 year rule was rubbish. I really didn't mean to cause offence and hope that you accept my apology.

If it helps further there isn't really a rule about percentages rather an accepted version in that the higher the debt the higher the percentage of any disposable income the creditor should receive.

If your dad has no disposable income or very little he can only pay what he can afford. if that is a £1 so be it. You are right debts such as credit cards etc are not priority debts. priority debts are things like mortgage/rent, utility bills, council tax etc.

My view concurs with that of others in that the closer it gets to the 6 year rule the hader the DCA's will push. try to be strong and not give in. i would suggest writing telling them you do not acknowledge the debt and ask for proof of ownership of the debt and proof of the debt in itself by way of copy of signed credit agreement.

happy to provide a template letter if needed. once again my sapologies for any offence it really wasn't intended.

Dave

annievtaylor

hi..If you do have a template letter for that , that would be very helpful. My dad has ordered his credit report and then we can be sure of the timing of the whole debt and others.
I am just worried that they will try and send him bankrupt a month before the deadline.

davek1

I am in receipt of your letter dated 01/01/01 and am writing to you in connection with that letter.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true signed copy of the alleged agreement you refer to. This is my right under and your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists, or clarification of whether you are collecting the debt or have purchased the debt.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

You point out in your letter that you do not have to provide a true signed copy of an agreement however as you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Until I receive a copy of such an agreement I will not enter into further correspondence and if you pursue the matter to the courts then I will both vigorously defend and contest any such action.

I would also ask that you contact me only by letter. I will not deal with this matter by telephone and you should remove my telephone number from your records. I will respond to all letters sent to me within seven days.

Hope this helps