1st Credit v Benadabec (Resolved)

[ScabHunter]

Re: benadabec UE Diary

Hi Benadabec
post#161
Surely if the account is in dispute(No CCA provided) then a SD must fall at the 1st hurdle as a disputed account cannot be issued a SD,although the sh**heads do threaten this type of action.
Is this(threat) something that needs to be reported to FOS/OFT before they go any further.
It's a pity that the Courts don't charge a big fee to these time wasters for such threats/attempts.
This is only my thoughts and understanding and I am sure Niddy and the team will advise on this one.
GM

The courts absolutely detest the Insolvency rules being abused in this way. It is not uncommon for costs to be awarded in these cases, but they need to be asked for in advance.

The Office of Faffing and Twaddling have already warned Worst Crudit and CONnaught about this, but, as ever, it all just hot air and they never actually DO anything. If the law actually meant anything in this country, these scum would have lost their licence a long time ago.

Has the SD actually been issued? If it has, ask the mods for access to the protected content because you will need to fill in 6.4 and 6.5 to apply for set aside.

SH

[benadabec]

Re: benadabec UE Diary

No, as yet no SD has been issued. My given deadline to reply or pay was 7 days but from a letter dated on 7th May that arrives to me on 21st May, it already makes a mockery of their process.

At the moment they are just threats, though Connaught's closing line was "if we don't hear from you in the given timeline, we will pass to our bankruptcy department for IMMEDIATE issue of an SD". So they are really trying to pile on the pressure.

The most annoying part is now that 1st Credit own the debt, they are completely ignoring all legitimate responses and trying to force me into submission with these threats. I would love to send a complaint, though I doubt it would make any difference.

[benadabec]

Re: benadabec UE Diary

Sent off the Account Sold In Dispute letter to Connaught Collections, today received a swift response. My letter - dated 22nd May, got there 24th May - has been replied to dated 24th May, received 25th May. They say

"in reply to your letter dated 22 May, the contents of which have been noted.

Unfortunately, due to an administration error which has now been rectified, a Statutory Demand was issued in error.

We can confirm that the 16 May 2012 Statutory Demand is formally withdrawn and no further action will be taken until such time as we have complied with your request for information."

Well well. So they issued a week after the letter dated 7 May giving me no time to respond and with no right to. They really are playing with fire, these a$$holes. Clearly chomping at the bit to issue an SD.

[Never-In-Doubt]

Re: benadabec UE Diary

Sent off the Account Sold In Dispute letter to Connaught Collections, today received a swift response. My letter - dated 22nd May, got there 24th May - has been replied to dated 24th May, received 25th May. They say

"in reply to your letter dated 22 May, the contents of which have been noted.

Unfortunately, due to an administration error which has now been rectified, a Statutory Demand was issued in error.

We can confirm that the 16 May 2012 Statutory Demand is formally withdrawn and no further action will be taken until such time as we have complied with your request for information."

Well well. So they issued a week after the letter dated 7 May giving me no time to respond and with no right to. They really are playing with fire, these a$$holes. Clearly chomping at the bit to issue an SD.

Ermmm - hello! Time for formal complaints left, right and centre me thinks

Please tell me they did not issue a SD?

[benadabec]

Re: benadabec UE Diary

I haven't received an SD but based on the tone of their letter, they appled for one and then swiftly withdrew it when they realised they shouldn't be taking any action.

I'd be more than pleased to go down the formal complaint route. The way 1st Credit and these d0uchebags Connaught have gone about the process is a disgrace

[ScabHunter]

Re: benadabec UE Diary

When drafting the necessary formal complaints, you might find the following links useful -

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

http://www.oft.gov.uk/shared_oft/pre...quirements.pdf

SH

[Never-In-Doubt]

Re: benadabec UE Diary

I haven't received an SD but based on the tone of their letter, they appled for one and then swiftly withdrew it when they realised they shouldn't be taking any action.

I'd be more than pleased to go down the formal complaint route. The way 1st Credit and these d0uchebags Connaught have gone about the process is a disgrace

woah - was it 1st credit? or Connaught that did this?

[Never-In-Doubt]

Re: benadabec UE Diary

When drafting the necessary formal complaints, you might find the following links useful -

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

http://www.oft.gov.uk/shared_oft/pre...quirements.pdf

SH

You know I know the boss of 1st Credit and throw these at him all the time? If not, you do now... he argues they are old and that they have new practices. Do I believe it? Well with the 4 cases I have helped people here, yea - I actually do thus 1st Credit is the ONLY dca to be given access here. They can read public posts (not the legally protected ones).

I will speak to him Monday about this, see what he reckons....

[benadabec]

Re: benadabec UE Diary

woah - was it 1st credit? or Connaught that did this?

1st Credit own the debt and twice sent me though bankruptcy proceedings threats despite me sending the Account Sold in Dispute and Enough Is Enough letters, their last correspondence in March saying they would pass on to Connaught Collections to deal with the SD. Connaught then contacted me telling me to pay up or they would issue an SD, which they then did any way. It was only after receiving an Account Sold In Dispute that they retracted the SD.

[BBoo]

Re: benadabec UE Diary

This doesn't quite hang together in my mind. If 1st Credit sold the account to Connaught as an Assignment in Absolute, it is not for them to tell Connaught how to collect the alleged debt. They have no rights or title to it anymore.

If one of Connaught's first actions having bought the debt was to issue a SD, albeit to withdraw it, I would imagine you still have strong grounds for complaint, but only against Connaught.

[benadabec]

Re: benadabec UE Diary

I don't really understand the chain of thought myself.

8/12/11
Account Assignment
1st Credit introduce themselves having bought the debt wholly from Halifax

16/12/11
1st Credit first threat of Bankruptcy Proceedings following Account/Dispute letter

20/12/11
A change of heart and mind and the bankruptcy letter is followed immediately by some sense. This is a Request For Copy Agreement, where they agree to go back to their client to request the documents required.

8/3/12
1st Credit with their second Bankruptcy Proceedings threat, despite no documents being received from Halifax. This is where they state "if we cannot agree repayment terms we will be left with no alternative than to pass your account to Connaught Collections to consider issue of a statutory demand"

15/3/12
After sending the Enough Is Enough letter, 1st Credit send their last letter to date. It simply says "Thank you for your recent correspondence. Your letter has been passed to the appropriate department and they shall repond in due course".

7/5/12
Enter Connaught. They give me 7 days to pay up or reply and sinisterly inform me they know I have sufficient assets to settle the debt. After the 7 days the matter will be passed to their Bankruptcy dept for the immediate issue of an SD. I received the letter on the 21st May so not even allowing time to respond.

24/5/12
The last letter from Connaught where they say they issued an SD on 16th (hadn't even had the letter by then) but retracted it after my Account Sold Dispute letter.

So 1st Credit passed the account to Connaught without fulfulling my CCA request at any time. And Connaught went straight in and issued an SD without thinking about it. I'd write a formal complaint about both to be honest

[Undercover Elsa]

Re: benadabec UE Diary

I'm tending to think that 1st Credit still own this debt and Connaught are simply acting as their agents.
Presumably you've not had a Notice of Assignment, Benadabec?
In Connaught's last letter did they refer to 1st Credit as "our clients"?

[benadabec]

Re: benadabec UE Diary

No, not had any Assignment notices. I agree, I think 1st Credit still own the debt. Though on Connaught's first letter, they say they have been instructed by Halifax to recover the debt and on the second letter it said RE. 1st Credit (Halifax) - just to add to the utter confusion

[Undercover Elsa]

Re: benadabec UE Diary

OK..it's cool if it is 1st Credit as Niddy has a top contact there as he mentions above...

[Never-In-Doubt]

Re: benadabec UE Diary

Right, so common sense here - HBOS sell debts to 1st Credit (usually absolute assignment) meaning 1st Credit add a default and start chasing you - that much is correct. Then, due to non contact and/or unnecessary bullying by 1st Credit (did used to happen a lot and seems to still be a problem) 1st Credit passed it to their service partner Connaught Collections for legal instruction.

See this for an example of how long such abuse has been occurring ---> Let me google that for you

It's as though 1st Credit pass cases to Connaught where they don't want to take legal action.... I dunno but this stinks and I will deffo speak to them Monday and see what they reckon to this thread. Point is, if we go regulatory with this then the fines and/or mediation fee's we'll get charged to 1st & Connaught could overtake the debt balance so it may be in their interests to close this and walk away before they get embroiled in a shit-storm. Not impressed especially as they're in default of your s.78 which I noted and responded to months ago now.