Connaught collections 2012 issue please help

[jaymanda]

I've reposted this thread as I orginally posted in the wrong place.

I have been 'served' a SD by signed for post from this company for a personal debt after I failed to keep up repayments on a credit card Halfax/Royal Bank of Scotland) for £6000 and a bit.
Been to see a solicitor who specialises in debt management who sent a financial statement to Connaught offering a payment of £1 monthly as he did to all my other creditors, each of which has accepted this offer.
However Connaught refused this offer and are insisting on monthly payments of around £250.00 or else.
I am willing to have a voluntary charge put on my house but they are insisting on a clause which states that if the property is still unsold after two years they can enforce sale! which I strongly object to. Not least because my property has been on the market for a long time now and despite massive reductions in the price still remains unsold.
Having this hanging over my head is beginning to make me ill and as I am registared disabled and live alone with full time care of my grandson I am finding I am having great difficulty in keeping calm and rational about the situation.
I have requested and received a copy of the original credit agreement along with a copy of the statements, although the statements are incomplete as the first three years are missing.
My total debts are over £20,000 however every one of them is on a repayment plan which I have maintained without fail.
Does anybody out there have any advice on what seems like a totally hopeless situation as it would seem that there is a good possiblity that Connaught will carry out their threat.

Read more at: Connaught collections 2012 issue please help - Legal Beagles Consumer Forum

[labman]

Re: Connaught collections 2012 issue please help

If the solicitor specialises in Debt Collection, do they not have anything to say?

If your offers were accompanied by a full CFS, as I imagine they would have been, I doubt Connaught will carry out their threat, and if they do, the judge is highly unlikely to grant them their condition, so do not agree to this.

The judge would need to award a 'Forthwith' judgment for them to get a charge on your house, I think. Whether he would do this if you can prove your financial circumstances, the fact that I assume your disability restricts you in some way (sincere apologies if it does not), and their refusal to co-operate may well be frowned on.

Have you informed them of your disability and vulnerability? Also, and VERY importantly, are you sure that Connaught own the debt outright, rather than acting on behalf of the card company?

[jaymanda]

Re: Connaught collections 2012 issue please help

I was passed on to the solicitors I am using after meeting with the debt advisor service, who continue to correspond with Connaught but to little effect.
The SD states that the account was 'assigned' to the creditor on 05/07/2011 so I don't know if that means they own it or not.
Interestingly when they have sent me a copy of the CCA it states that the agreement is with the Bank of Scotland and is simply a photocopy with no signatures on it whatsoever yet the have also enclosed a copy of a credit card application with the HALIFAX which has my signature on and they seem to have handwritten the credit card number on the top of the form. In short I have an signed cradit card agreement with the Halfax and have been served a SD for a debt with Bank of Scotland along with a copy of credit card terms and agreement,(unsigned) for the Bank of Scotland.
TBH my heads mashed.

[labman]

Re: Connaught collections 2012 issue please help

Connaught (aka 1st Credit) do usually carry out their demands, so you should take this very seriously. However, if you have made a reasonable offer based on your Common Financial Statement, then you should report them to the Office for Fair Trading. In 2009 Connaught got slated by the OFT, as a result of which they found their debt collection practices unsatisfactory. This led to the following being imposed. As a result of the OFT investigation, 1st Credit and associated companies must:

• refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated
• not discuss legal action with consumers unless it is likely that such action will be taken
• ensure that sensitive cases involving vulnerable individuals, for example those with mental health or medical problems, are dealt with appropriately, and
• ensure that all matters of concern raised with them by the free advice sector and other third parties are dealt with appropriately.

While dealing with the SD (do not ignore it!!!!!), also pursue via the OFT.



Use a statutory demand to recover a debt : Directgov - Money, tax and benefits

[jaymanda]

Re: Connaught collections 2012 issue please help

Many thanks, I will ensure I do just that.

[jaymanda]

Re: Connaught collections 2012 issue please help

I have written my letter to the OFT, will be in tomorrows post.

Very grateful thanks for your help and suggestions.
Fingers crossed now for positive action and peace of mind.

[Angry Cat]

Re: Connaught collections 2012 issue please help

jaymanda, please click on the following link:http://www.oft.gov.uk/news-and-updat...20-09Connaught Collections are simply a trading style of 1st Credit Limited;it would appear that 1st Credit get Connaught Collections to do their dirty work.

Perhaps, 1st Credit Limited / Connaught Collections are under the illusion that consumers are unaware of the MALG Good Practice Guide:
Money Advice Trust - MALG Good Practice Guidelines

[labman]

Re: Connaught collections 2012 issue please help

jaymanda, please click on the following link:http://www.oft.gov.uk/news-and-updat...20-09Connaught Collections are simply a trading style of 1st Credit Limited;it would appear that 1st Credit get Connaught Collections to do their dirty work.

Perhaps, 1st Credit Limited / Connaught Collections are under the illusion that consumers are unaware of the MALG Good Practice Guide:
Money Advice Trust - MALG Good Practice Guidelines

lol - see post 4. Spot on though!

[Angry Cat]

Re: Connaught collections 2012 issue please help

by jaymanda:
Having this hanging over my head is beginning to make me ill and as I am registared disabled and live alone with full time care of my grandson I am finding I am having great difficulty in keeping calm and rational about the situation.

On the case of 1st Credit Limited, compliance! Plus any other DCA firms who may wish to play roulette with their Consumer Credit Licence.

[Angry Cat]

Re: Connaught collections 2012 issue please help

jaymanda, please keep us posted on your ongoing struggle with this DCA firm trading as:
Connaught Collections.

[bluebottle]

Re: Connaught collections 2012 issue please help

In view of the bullying by Connaught, I would strongly advise they are pressed to produce Certified Copies of ALL documents.

[miliitant]

Re: Connaught collections 2012 issue please help

Why Do You Not Get The Statutory Demand set Aside

You Only Have To Dispute One Thing For A Start

Ppi
Balance Outstanding
Unlawful Charges

I Could Go On And On

When Did You Sign For The Sd

[Angry Cat]

Re: Connaught collections 2012 issue please help

National Debtline England Wales | Debt Advice | Factsheet 36 Dealing With A Statutory Demand

[labman]

Re: Connaught collections 2012 issue please help

Why Do You Not Get The Statutory Demand set Aside

You Only Have To Dispute One Thing For A Start

Ppi
Balance Outstanding
Unlawful Charges

I Could Go On And On

When Did You Sign For The Sd

Totally agree - this is what I was alluding to when I stated the need to take it seriously. Many ignore thinking it is a threat, but then discover things are moving on and realise they should have acted within the specified time limit.