Harassment from Intrum

[Timewilltell]

oh and remember you’re already in battle with those that are already on the back foot they just don’t know it yet!

[Timewilltell]

Thanks Di,

I'm at that stage now where I can see a light at the end of the tunnel, I just don't want it to take unexpected turns.

unfortunately none of us humans have the ability to see the future-despite those that claim too. So using your energy on worrying on what may never happen will exhaust you and stop you from leading a full life. It has taken many years of trials and tribulations but I have finally come to understand that unless it’s in front of me here and now then it ain’t worth a second thought. I’m sure you could find better things to think on that may enhance your life?

[Mrreese6018]

No need to focus on the 'what ifs' - stay focused on the positives like the fact that Intrum is not authorised by the FCA to exercise the rights of a lender such as issuing legal proceedings, although that doesn't mean they won't try but they'll have to argue their way out of that problem.

They'll also have to jump through a hoop to comply with your s 77-79 CCA Request once you send it to them, ideally not until the last minute when/if they send you a Letter of Claim.

As Mark Twain once famously said >




Di

Thanks Di,

I'm at that stage now where I can see a light at the end of the tunnel, I just don't want it to take unexpected turns.

[PlanB]

well that has depressed me

No need to focus on the 'what ifs' - stay focused on the positives like the fact that Intrum is not authorised by the FCA to exercise the rights of a lender such as issuing legal proceedings, although that doesn't mean they won't try but they'll have to argue their way out of that problem.

They'll also have to jump through a hoop to comply with your s 77-79 CCA Request once you send it to them, ideally not until the last minute when/if they send you a Letter of Claim.

As Mark Twain once famously said >




Di

[Colin G Quinn]

Hi,

Rather than looking at it as being depressing, take it as being put on notice of what may happen, rather than being taken by surprise later down the line.

[Mrreese6018]

Hi again,

Just to clarify, a creditor does not have to actually issue a Letter of Claim. If there is a compelling reason not to do so, such as Limitation being imminent.

well that has depressed me

[Colin G Quinn]

Hi again,

Just to clarify, a creditor does not have to actually issue a Letter of Claim. If there is a compelling reason not to do so, such as Limitation being imminent.

[PlanB]

i have got around 50 days left before the debt is statute barred and if they do send me a lbc i will make sure i send the a cca request which arrives on day 28 of my 30 days and the pray they cant get the details in time for the statute barred date.

You are tantalizingly close to Statute Barred so definitely stay off the radar!

Even if they do source (or reconstitute) a credit agreement that doesn't mean it will be enforceable. Forum members can send agreements to Niddy (Never-In-Doubt the forum owner) for checking if needed.

In my Santander v Diana Mayhew case the Claimant successfully argued that they had complied with s78 CCA Request because they sent me 'something' but that something didn't comply with their other statutory duties so they lost the case > https://www.bbc.co.uk/news/business-17670803

Read the judgment here > https://www.bailii.org/ew/cases/Misc/2012/14.html

So if they issue before the debt is SB you could have other arguments to prevent them from obtaining a CCJ.

Di

[Colin G Quinn]

Hi,

They can issue at any time, as long as they are within the 6 year period. However, yes, a Letter of Claim has to have been served and expired before a Claim is issued.

[Mrreese6018]

Could this not be argued that hey you have had 6 years why have you left it until now to issue a claim, can they issue a claim before the LBC expires?

[Colin G Quinn]

Hi,

Don't forget, a CCA request doesn't mean they would be debarred from issuing a Claim, if the request is outstanding it just means they are not entitled to Judgment until such a time that the request has been complied with, and the Court is satisfied of the same (if you have filed a defence to any Claim issued).

They can issue a Claim whilst in breach of a request in order to prevent the debt becoming statute barred, and then allow the Claim to become stayed whilst they await documentation/information from the original creditor, or whatever the 'source' of their documentation/information is.

Whether their is a moral argument as to whether they should 1. issue a Claim simply to prevent limitation taking effect, and 2. issue a Claim without any knowledge as to whether or not the requisite documents are available and whether or not the agreement is enforceable, is another question. However, creditors are known to do this.

[Mrreese6018]

I found intrum quite the opposite they just kept sending letters saying pay now and right off between 60-80% of the debt, but i did change my number, i have got around 50 days left before the debt is statute barred and if they do send me a lbc i will make sure i send the a cca request which arrives on day 28 of my 30 days and the pray they cant get the details in time for the statute barred date.

[Still Waving]

a company i was paying token, took me to court as they have every right to, i found out

I had the same experience with one of my creditors, Hitachi Capital, back in 2011 (I think). They took me to court even though I was paying under an arrangement set up by a free debt management organisation. I attended the Court, and the CC judge felt they were a bit naughty, but STILL confirmed the application for a charge on my property.

That experience made me angry, so I started doing some research, and found AAD in 2012. My eyes were opened, and being guided by the fantastic knowledge base and the wonderful contributors here I decided to get on the front foot. In all sincerity, it took a huge weight off me and turned my life around. I still had years of correspondence to deal with from my various creditors, but the difference was that I then had the upper hand.

[PlanB]

I went onto their site filled out a income and expenditure from, and it said you cant afford to pay us now, we'll give you 30 days breathing space. This was on the 24th of July, since then they have still kept calling me 3+ times a day and leaving messages. Yesterday I got annoyed with them, call them back and said this is affecting my mental health, you agreed to not call me for 30 days yet nothing has changed. The agent informed me a hold has been put on the account and I would not receive any more calls for 30 days, I also said I would like to raise a complaint. Today they have carried on like nothing had changed, 2 calls already today and its only 10.33am and they have already left a message.

Can I report them to somebody for harassment or what else would you advise?

Hello again

I'm sorry to hear you're still being bullied by a debt purchaser despite their promise to suppress phone calls.

This forum has a 'Telephone Harassment' letter which you can send but the problem is you are currently living overseas (I've read and posted on your other thread).

If you have made contact with Intrum online does this mean they have your email address, and if they do then you could perhaps email them the forum template letter?

Did you also take the opportunity to give them your address in Cyprus which is the address that Tesco had on their records before the debt was assigned?

You've been paying Tesco the £1 token payment up until recently to keep them off your back while you have had more important things to worry about. Tesco were forwarding that payment to Intrum for around six months so they (Intrum) know that was the agreement which I think they said could continue in a letter sent to you.

Intrum have gone a step further and told you that they don't feel you can afford to pay them so have given you 30 days breathing space.

I don't know when you plan to return to the UK but you said that would be sooner rather than later. If no one is bothering you then maybe wait to send the CCA Requests until they do, although there are only a couple who have kept in contact so maybe best to leaves those ones alone for now.



Di

[The Tech Clerk]

a company i was paying token, took me to court as they have every right to, i found out