Advice needed on how to deal with debts going forward

[Timewilltell]

So which debt do intrum collect/own?

[a718671076]

I believe its for a Tesco credit card with around 2.5k owed

[Timewilltell]

Does that not show on your diary?

[a718671076]

Its the bottom one on there, the intrum one, turns outs its just over 2k. I think they must have taken it over in the last 2 weeks or so as I cant find the Tesco CC anywhere on my credit file.

[Timewilltell]

So when did you default on the Tesco’s CC?

[a718671076]

I think the Tesco CC default would have been February 2018. I had no idea that if a debt was bought, it would be added to your credit file like a regular debt and there is no record of the Tesco CC ever being on there!

[Timewilltell]

I believe that the debt can only default on one date that being of the OC default date not those that purchase debts. Debt purchaser should use the default date of the OC not their own date.
if your debt is purchased then the debt purchaser will appear on your file but the original creditor may not.

[a718671076]

What should be my next step dealing with Intrum, from reading other threads it looks like it could be worth putting in a CCA request? My only issue with that would be sending it from Cyprus, I dont have a cheque book here and understand it needs a £1 cheque. Also for some reason despite Tesco having my Cyprus address on record, Intrum have my mums address for the debt on my credit file.

[The Tech Clerk]

PlanB

[Warwick65]

I assume your Mum is aware of the debt situation? Sorry if you have said it somewhere else. Also there is no suggestion of legal action is there?

I know there is no obligation to sign a CCA request although some creditors are bloody minded and try to insist. Could you digitally sign a letter and ask your Mum to post it? Obviously the letters would then come back to you at her address but maybe it's an option. Even better if they say they can't provide.

I think my only worry would be that if it has only recently been sold they may still have a direct line so to speak to Tesco to get the paperwork whereas in 6 or 12 months time Tesco may be less bothered.

Others may disagree and it is a case of do as I say not do as I do- maybe leave all well alone unless they get more persistent and assuming there is no suggestion of legal action.

Do you still know the original credit card or reference number?

[Colin G Quinn]

Hi A718671076,

I think you mentioned on the 7th that you would ask your mum to forward your post. Did you do so and has anything come of that?

A date of default for the purposes of your credit report should specify the date the account was actually defaulted. It should not be amended, or changed to the date of an alleged assignment. If that is indeed the case, then your data is being misreported, mismanaged, and you probably have at least a complaint under the Data Protection Act/GDPR.

If you haven't yet asked your mum to send you the post, or if it hasn't turned up yet, I would suggest asking her to take a picture on a phone and to message that to you. Or just read out the content to you.

In terms of what to do, its best to see what Intrum's intentions are first. I know that sounds stupid, because they just want repayment as quickly as possible. However, unless this has already been going on, Intrum tend to have a very long and drawn-out pre-action process. That usually means a lot of letters sent perhaps monthly, then a threat to refer to their legal department, then a letter sent in the name of their General Counsel, then potentially another few letters from Intrum and then finally a letter of Claim from a firm of solicitors giving you 30 days to respond.

So don't panic, if that process has only just started you are likely (and I say likely) way off even having to consider any legal proceedings or a CCJ.

If it is at the case where they have issued a letter of claim, don't panic either. Everything can be dealt with.

I would not send a CCA request with your mum's address for service of the response. I say that because, if they go ahead and issue a Claim, and you are out of the country and you mum for whatever doesn't receive it, or doesn't manage to post it to you in time, they would obtain a CCJ. If you applied to set that aside and argued you were not served with the Claim Form, they would use that CCA request as evidence you at least had access to post sent to your mums address and that they have correctly served.

A diligent creditor should make note that all of the other creditors on your credit file have you recorded as being in Cyprus. But then again...introduce me to a diligent creditor.

I also don't suggest you ask your mum to respond with a 'not known at this address' letter. That opens things up to them justifying sending any potential letter of Claim to who knows where.

Come back and let me know what the correspondence says that has already been sent and block their number from calling you if you do not want that to continue.

[PlanB]

I am on the Electoral roll at that address despite not living in the country.

Despite living in CY I am working full time for a UK company and its paid into a UK bank account and I pay tax +NI in the UK

. . . We would like to return to the UK asap, as soon as we finally get the custody sorted, which should be in the next few months fingers crossed.

My mum usually sends my post on every couple of months, I'll get her to send it over this week. Intrum left a message on my phone for the first time yesterday

I wouldn't do anything at all right now.

You've given Tesco your Cyprus address for contact so I wonder where they and/or Intrum sent the Notice of Assignment (if they did).

If Tesco gave Intrum your Cyprus address then they (Intrum) would have no excuse for sending statutory notices or any correspondence to your Mum's address - she's not obligated to deal with or forward your mail. My daughter would be livid if I opened any of her letters!

You've asked your Mum to forward any post to you this week so that should reveal all, even by the absence of any letters from Intrum or Tesco.

If she does forward a Notice of Assignment you can't deny receiving it if this ever did end up in court because that would be untrue.

So if you engage with Intrum you'll be sending out the signal that you are aware that they have been assigned the debt.

When you return to the UK in a few months will you be living at your Mum's place or somewhere else?

Di

[Colin G Quinn]

Hi again,

I wouldn't suggest not doing anything right now. You need to take control of a situation you are not currently in overall control of because of underlying circumstances. In theory, doing nothing may result in a difficult situation further down the line, as you don't currently know where matters stand. You have been taken by surprise by a credit report alert. I know it is difficult and I know it is something you could do without, but doing nothing is likely not going to help.

To that effect, I wouldn't be put off asking your mum to forward your post, or opening it when it arrives, for fear it may contain a Notice of Assignment. If they HAVE served a Notice of Assignment, and if you have not specifically informed Tesco, prior to an alleged assignment, that you do not live at your mum's address and that you now live abroad, any Notice of Assignment served at that address is served regardless of whether it is forwarded on to you abroad, or whether it sits there for months and you open it when you get eventually get back to the UK. In terms of control, it is better to know now rather than months down the line.

The point I am trying to make, is that if your address for service is your mum's address, you cannot deny the notice was served at that address as part of a possible defence. You can deny receipt, but that is a different matter completely. You can deny service if you were not served because no notice was ever sent or, for example, it was sent to my address and not yours.

It is also worth remembering that any notice is not a world ending event for you. Firstly, it also needs to be compliant and, even more importantly, a Notice of Assignment is only one important part of the legal requirements for the legal assignment of an alleged debt. I cannot speak for Joanna, but in all the cases in which I have represented a consumer, no case or hearing (if it actually gets to that stage) has ever been determined on whether or not there is a Notice of Assignment. That is not to say it is because I have lost on that point or has been conceded, its because the case is usually disposed of in the consumers favour or dismissed prior the Court even having to consider whether a Notice of Assignment has been given. There is much more to it than A sending B a letter alleging a liability for a debt.

I still suggest you investigate the post that is forwarded to you and to come back here for assistance, everyone here, including myself, are here to help you as best we can. If you receive something you believe may be a Notice of Assignment, or important document, let us know, and you can always email it to me to review. My email address is in my disclaimer below.

Too much is being made of this right now. You first need to understand your position and you won't achieve that by doing nothing.

[Timewilltell]

Colin G Quinn surely if the OC has been notified of an address in Cyprus as the Op is no longer in the Uk, then it is their responsibility to ensure the correct details are issued to the debt purchaser (Intrum), the Op has done their due diligence in updating those that they had responsibility towards and can not be responsible if Intrum use an incorrect address? Is that not the same if the Op had moved to a new address in the Uk and informed the OC, surely it would be an incorrectly served document?

[Colin G Quinn]

Hi Timewilltell, yes, that is the point I was making in the second paragraph of my post above.