Connaught (1st Credit) & Lloyds Bank Part 2 - What next?

Steve1994

Hi all,

Following this yesterday https://forums.moneysavingexpert.com/discussion/4991446 I've had a response from Connaught.

I emailed them:

"Dear Connaught,

Thank you for your quick response.

If memory serves me correctly, I disputed these charges in person at the XXXXX branch and requested that all the DDs and SOs at the time were cancelled however, I do not have this in writing.

I believe the charges to be excessive and also believe they were not clearly identified in the T&Cs or in any credit agreement.

I also believe that, as a responsible lender/financial institution, Lloyds Bank should have cancelled the DDs and SOs after a short period of time in order to prevent his client suffering financial hardship.

Can you please confirm whether this debt is owned by Connaught (1st Credit) or Lloyds Bank.

In addition, can you please provide me with a true, signed copy of the terms & conditions and/or credit agreement.

Kind Regards
Name"

They responded with

"
Dear Mr Name
Thank you for your email.

I understand from your email you disputed the charges in a branch, I will query the content of your email and get this forwarded to the original credit for their comments.

The account is being dealt with by Connaught however Connaught is a trading name of 1st Credit Ltd.

Your account relates to a bank overdraft which was opened in June 2006. As per your request we are unable to supply you with a copy of agreement. This was not regulated by the Consumer Credit Act until 2011. Hence why we issued statements to you.

Once we received a response from the original creditor we will contact you.

Yours sincerely "

Firstly, they don't confirm who owns the debt - they only say that it is being dealt with by Connaught.

Secondly, as I suspected there are no T&Cs or credit agreement therefore making it unenforceable. I'm not going to ignore it and not pay it as I have an unsettled default showing, but should I go back with an F&F of say 10%?

Cheers
Steve

eyeopener2

It's not unenforceable, it's just not covered by the cca act. I think that was mentioned in the other thread. So it is enforceable if they decide to take it that far,you've already admitted to the debt. What is at stake is the fairness of the charges, or not in this case.

You need to write a complaint letter to Lloyds, as I suggested, and make them address the issue of the charges. If you have no luck with them, send your complaint to the financial ombudsmen.

1st credit are playing nicely at the moment but connaught are their bullies, so be careful. The reply looks like they have taken you seriously, so while you wait for a reply, get onto Lloyds.

fatbelly

I think the new thread was a good idea.

I would say that 1st credit are the owners - Lloyds do sell their old !!!! do them.

So follow Eyeopener's advice. Make it a formal complaint and require Lloyds' response within 8 weeks or you will refer it to the FOS.

I'd remind them at the 4-week point.

When Connaught contact you, just tell them that it's (a) the subject of a formal complaint or (b) being looked at by the FOS, depending at what stage you are.

Steve1994

It's Connaught that have contacted me, not 1st Credit, although they have stipulated that they are part of the 1st Credit group.

Anyway, thanks for the advice. I have written a formal complaint to Lloyds regarding the charges and will be sending it to them recorded delivery at lunchtime. In the meantime, I've emailed Connaught a copy of the letter to keep them in the loop - at least doing this will keep them off my back for few weeks. If I can get the charges reduced I'll just pay it off in one as I've managed to build an £822 emergency fund.

Thanks for the advice guys - as usual with 90% of the people on this board.
Steve

eyeopener2

Connaught used to be famous, maybe still are, for issuing statutory demands - bullying gits of the lowest order. How anybody can work for them is beyond me, must be desperate. Not heard much about them recently.

Anyway, fight the good fight and don't wilt under the pressure if they a
Start, just come back on here and ask for advice.

sourcrates

eyeopener2 wrote: »

Connaught used to be famous, maybe still are, for issuing statutory demands - bullying gits of the lowest order. How anybody can work for them is beyond me, must be desperate. Not beard much about them recently.

Anyway, fight the good fight and don't wilt under the pressure if they a
Start, just come back on here and ask for advice.

Connaught/1st credit, had there knuckles severely rapped by the OFT(as they were then)a couple of years ago, and since then have "rained in there threats somewhat".


However, old habits die hard as they say...........;)

fatbelly

Five years ago.

I miss the OFT already

http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/news-and-updates/press/2009/20-09

Lensman_2

The simplest way to check who owns the rights to a debt is to check your credit file.

I used Noddle.

They are legally obliged to report it accurately. If they are acting for Lloyds then Lloyds will report. If they own the rights then it will be Connaught or (more likely) 1st Credit.

Lensman_2

fatbelly wrote: »

Five years ago.

I miss the OFT already

http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/news-and-updates/press/2009/20-09

You're kidding?

All those wishy washy "should" and "can". And a regulator with no teeth (or even dentures).

What I have read so far contains a lot of "must" and "will". We will wait to see if the FCA has the teeth that the ICO has. But the landscape will change if it does.

(I have read more than one account from a DCA operative that described their induction training. Day one was intro. Day 2 was the Data Protection Act and the ICO. The OFT got about an hour IIRC).

Steve1994

Checked my credit file (never thought of that) which I bought a couple of weeks back (£2 one) and it shows Lloyds still own it. I sent my complaint to Lloyds and Connaught at lunchtime - Connaught had a seperatate letter though explaining that the attached had been sent. I'll see what they come back with.

In terms of the statutory order - I thought it had to be a minimum of £750? Or am I wrong? Either way if it comes to the crunch I'll pay it and argue it afterwards.

Thanks again for the knowledge/advice. I love this forum and the people on it - so helpful and knowledgeable.

Steve1994

That's statutory demand, not order I meant by the way, DOH!!!