Worth sending a CCA Request

[batchy_21]

Before I manage to find the SAR documents I thought I would share the recent email from intrum after I sent an email complaining about resolvecall and that I had contacted them.
is it worth raising a complaint? As I'm not sure what it would achieve thanks.
..........

Thank you for your email received on 12/12/2023. We apologise for the delay in our response.

We regret you consider our letters to be threatening as this is by no means our intention. Our letters are sent in order to keep our customers informed of possible action taking place on their account. Please be assured there is currently no legal action taking place on the account. If you wish to raise a complaint in relation to this, please let us know.

In the event you wish to raise a complaint please respond to this email or for immediate assistance, contact a member of our team on 01737 237 370 during our opening hours of Monday to Friday 8:00am- 20:00pm or Saturday 9:00am - 13:30pm.

We are sorry to hear of your current circumstances and we appreciate this is a difficult time for you. Please be assured our aim is to work with you to find a suitable solution.

So we are able to have a better understanding of your current situation, please let us know the following:

What health conditions are you currently dealing with?
How do your conditions impact you on a daily basis?
How long have you been dealing with these conditions?
Are these conditions on-going?
Do we need to be aware of any side effects to any medication, if so, what are they?
How have your medical circumstances impacted you financially?
Does anyone help you with your finances, such as a friend, family member or carer?

Please be advised, we will make a note on our system with the information that you kindly provide. This is to enable us to consider your current situation when looking at how best to assist you in resolving this matter. We need to make you aware that we may share your information with the original creditor but this is only done if it is appropriate to do so. Should you wish for the information regarding your health to be removed at any point, we are able to do so but will continue to assist you.

We would like to take this opportunity to thank you for agreeing a repayment arrangement with us.

You have agreed to pay an initial payment of £1.00 on 01/01/2024 followed by instalments of £1.00 from 01/02/2024 on a monthly basis via online card payments. We also confirm your recent payment was received on 06/12/2023.

It is important to us that your offer of repayment is affordable and one that you can reasonably maintain. Please login to our online portal to complete a financial statement at https://myaccount.intrum.co.uk
or complete and return the attached form within 14 days.

We would kindly ask that you confirm the following information within 14 days;

- Is the repayment offer affordable for you?
- Are you up to date with all your priority expenditure such as rent or mortgage, council tax, utility bills or any money owed to HMRC?
- Where have you raised the funds for your repayment? If a third party is financially supporting you, please confirm if this is guaranteed each month and if it needs to be repaid?

Should we not receive the requested information within 14 days, we will assume your repayment plan is affordable.

If you are unable to make the agreed instalment, please contact us prior to your agreed repayment date so that we can agree a solution. Doing so will assist us in preventing further collection activity which could include letters, telephone calls, SMS and emails.

We typically contact our customers every 12 months to conduct a review. If your circumstances change before this time, please contact us to discuss the affordability of your repayment plan.

If you are experiencing financial difficulties, you can receive free independent debt advice by contacting one of the following organisations:

Step Change (0800 138 1111)
National Debtline (0808 808 4000)
Your local Citizens Advice Bureau

Should you have any questions please respond to this email or for immediate assistance, contact a member of our team on 01737 237 370 during our opening hours of Monday to Friday 8:00am- 20:00pm or Saturday 9:00am - 13:30pm.

You can also access and manage your account with us 24 hours a day by clicking here. By accessing your account online, you will be able to check your balance, complete and submit your financial statement, set up arrangements and make payments.

Yours sincerely,

Martina Dee
Online Customer Support Representative

[Still Waving]

They seem to be being quite reasonable about your situation.

First thing to say is to not complete a financial statement if it includes an Income & Expenditure Form. Only a court can order you to complete one. It does seem though, that they only want to be satisfied that you can afford the £1 per week. If you don't complete the statement they will assume that you can.

If you have specific health issues you may want to let them know, but I would suggest only as much as you are comfortable sharing, AND in your own way rather than answer all their specific questions.

As to making a complaint, it seems from their letter that they had no previous knowledge of any issues, apart from the obvious implication of your £1 per week arrangement. It does seem that now they are prepared to continue with that arrangement, so there does not seem to be any point in making a complaint further to the one you say you have made. In that complaint, did you refer to financial and/or health problems?

[Pat]

Before I manage to find the SAR documents I thought I would share the recent email from intrum after I sent an email complaining about resolvecall and that I had contacted them.
is it worth raising a complaint? As I'm not sure what it would achieve thanks.
..........

Thank you for your email received on 12/12/2023. We apologise for the delay in our response.

We regret you consider our letters to be threatening as this is by no means our intention. Our letters are sent in order to keep our customers informed of possible action taking place on their account. Please be assured there is currently no legal action taking place on the account. If you wish to raise a complaint in relation to this, please let us know.

In the event you wish to raise a complaint please respond to this email or for immediate assistance, contact a member of our team on 01737 237 370 during our opening hours of Monday to Friday 8:00am- 20:00pm or Saturday 9:00am - 13:30pm.

We are sorry to hear of your current circumstances and we appreciate this is a difficult time for you. Please be assured our aim is to work with you to find a suitable solution.

So we are able to have a better understanding of your current situation, please let us know the following:

What health conditions are you currently dealing with?
How do your conditions impact you on a daily basis?
How long have you been dealing with these conditions?
Are these conditions on-going?
Do we need to be aware of any side effects to any medication, if so, what are they?
How have your medical circumstances impacted you financially?
Does anyone help you with your finances, such as a friend, family member or carer?

Please be advised, we will make a note on our system with the information that you kindly provide. This is to enable us to consider your current situation when looking at how best to assist you in resolving this matter. We need to make you aware that we may share your information with the original creditor but this is only done if it is appropriate to do so. Should you wish for the information regarding your health to be removed at any point, we are able to do so but will continue to assist you.

We would like to take this opportunity to thank you for agreeing a repayment arrangement with us.

You have agreed to pay an initial payment of £1.00 on 01/01/2024 followed by instalments of £1.00 from 01/02/2024 on a monthly basis via online card payments. We also confirm your recent payment was received on 06/12/2023.

It is important to us that your offer of repayment is affordable and one that you can reasonably maintain. Please login to our online portal to complete a financial statement at https://myaccount.intrum.co.uk
or complete and return the attached form within 14 days.

We would kindly ask that you confirm the following information within 14 days;

- Is the repayment offer affordable for you?
- Are you up to date with all your priority expenditure such as rent or mortgage, council tax, utility bills or any money owed to HMRC?
- Where have you raised the funds for your repayment? If a third party is financially supporting you, please confirm if this is guaranteed each month and if it needs to be repaid?

Should we not receive the requested information within 14 days, we will assume your repayment plan is affordable.

If you are unable to make the agreed instalment, please contact us prior to your agreed repayment date so that we can agree a solution. Doing so will assist us in preventing further collection activity which could include letters, telephone calls, SMS and emails.

We typically contact our customers every 12 months to conduct a review. If your circumstances change before this time, please contact us to discuss the affordability of your repayment plan.

If you are experiencing financial difficulties, you can receive free independent debt advice by contacting one of the following organisations:

Step Change (0800 138 1111)
National Debtline (0808 808 4000)
Your local Citizens Advice Bureau

Should you have any questions please respond to this email or for immediate assistance, contact a member of our team on 01737 237 370 during our opening hours of Monday to Friday 8:00am- 20:00pm or Saturday 9:00am - 13:30pm.

You can also access and manage your account with us 24 hours a day by clicking here. By accessing your account online, you will be able to check your balance, complete and submit your financial statement, set up arrangements and make payments.

Yours sincerely,

Martina Dee
Online Customer Support Representative

It sounds rather like a generic response to me. These companies have certain responsibilities which are explained by the FCA and CONC. This letter seems like a tick box exercise- they can then say 'see we did ask all the right questions'.

I would ignore at this point

I see that you are on a payment plan which they have accepted.

[Pat]

Roger Without taking this off topic- it is relevant to the OP

I have never seen a case where a claim was defeated because a consolidation loan was UE either temporarily or permanently . Could you point me in the direction of such a judgement.

???????I can see such an argument if they are both from the same organisation but as I said, can you direct me to some case. It will help others.

[batchy_21]

They seem to be being quite reasonable about your situation.

First thing to say is to not complete a financial statement if it includes an Income & Expenditure Form. Only a court can order you to complete one. It does seem though, that they only want to be satisfied that you can afford the £1 per week. If you don't complete the statement they will assume that you can.

If you have specific health issues you may want to let them know, but I would suggest only as much as you are comfortable sharing, AND in your own way rather than answer all their specific questions.

As to making a complaint, it seems from their letter that they had no previous knowledge of any issues, apart from the obvious implication of your £1 per week arrangement. It does seem that now they are prepared to continue with that arrangement, so there does not seem to be any point in making a complaint further to the one you say you have made. In that complaint, did you refer to financial and/or health problems?

Yes they are being reasonable in fairness until threatning resolvecall intrum have been okay. I don't complete income and expenditure as I know only a court can do that. I know what I can afford and I will pay them that.

Intrum have been told about my physical and mental health before (not in massive detail) so much so they classes me as vulnerable. That's why i was angry about them threatning home visits etc and accusing me of not being in contact when I was.
I didn't make a complaint to them I just explained I wasn't happy with what they were doing. im not sure what a complaint would achieve when i have my outcome of payment unless it may benefit me on the future?
thankyou

[Roger]

No mention of Resolvecall!
Still Waving suggestion was to continue paying the £1 per month!

I commented upon what I had read in your entries! Looking for issues such as a Consolidation Loan and Assignment chains and Authorisations with both Debt Managers and Intrum.

The Email is a stock reply
"..
We need to make you aware that we may share your information with the original creditor but this is only done if it is appropriate to do so.
.."
Intrum purchased from Debt Managers not Tesco and I doubt whether Tesco would know this!
Your are not a customer or their client!
Understand
"..
Should we not receive the requested information within 14 days, we will assume your repayment plan is affordable.

If you are unable to make the agreed instalment, please contact us prior to your agreed repayment date so that we can agree a solution. Doing so will assist us in preventing further collection activity which could include letters, telephone calls, SMS and emails.

We typically contact our customers every 12 months to conduct a review. If your circumstances change before this time, please contact us to discuss the affordability of your repayment plan.
.."
In other words "collection activity which could include letters, telephone calls, SMS and emails " have not been excluded.

Just quietly do your homework for your own peace of mind! That email is part of the possible argument by the Way.

My response to their sending Resolvecall would be to drop from £1 to .50p with a letter saying thankyou for your kind consideration you will appreciate that priority debts such as heating/cooking/food and medicine must take priority I can now only now afford .50p!

As for ResolveCall to ill to answer the door please close the gate on the way out!

[batchy_21]

Thanks for the updates all.
I managed to read through my SAR and will update here.
So Tesco for the loan in question have provided the signed, dated and stamped CCA with all terms and conditions as well as all letters, default and transcript of phone calls etc. The agreement does not say what the loan was taken out for.

I have found all my other paperwork and the DCA involved after Tesco had stated it was being passed to a DCA was Westcot in 2016 then Fredrickson from 2018 to 2019. Both Westcot and Fredrickson stated they were acting on behalf of Tesco. In 2019 Debt mangers took over and stated they had bought the debt and they sent statement of assignment. In 2022 Intrum bought the debt from Debt Mangers.
In 2010 me and my ex-wife took a loan through Tesco for home improvement again this CCA had been provided signed, stamped and dated in the SAR which I forgot about. Interestingly this states the loan is used for home improvements and not debt consolidation.

However we then divorced in 2014 and as part of the judgement the 2010 loan was to be paid 50 50. My ex-wife paid the half, and it was moved into my name solely.
I had a loan from Natwest from 2007 running at the same time which as pinned in this post Natwest could not find the CCA and as such was un-enforcable. I decided to take a new loan with Tesco (this loan from 2014) this paid back the original 2010 loan the Natwest loan and some funds to pay solicitors fees.

So, I have therefore completed a SAR for Natwest to make sure I have all documents from them and as some of the loan was for debt consolidation which was un-enforceable I presume that would still count towards what Roger said around enforceability and assignment.

I have replied to Intrum without a financial sheet and briefly my medical conditions and will see what if anything they do

[Still Waving]

Hi

I had a loan from Natwest from 2007 running at the same time which as pinned in this post Natwest could not find the CCA and as such was un-enforcable. I decided to take a new loan with Tesco (this loan from 2014) this paid back the original 2010 loan the Natwest loan and some funds to pay solicitors fees.

Water under the bridge now, but I wouldn't have borrowed more to pay back an unenforceable loan. Now that you have paid it, the question of unenforceability on that loan goes out of the window, since you repaid it voluntarily.

[batchy_21]

Hi

I had a loan from Natwest from 2007 running at the same time which as pinned in this post Natwest could not find the CCA and as such was un-enforcable. I decided to take a new loan with Tesco (this loan from 2014) this paid back the original 2010 loan the Natwest loan and some funds to pay solicitors fees.

Water under the bridge now, but I wouldn't have borrowed more to pay back an unenforceable loan. Now that you have paid it, the question of unenforceability on that loan goes out of the window, since you repaid it voluntarily.

I thought that maybe the case. Unfortunately at that time I didn't have a bad credit file and had never missed a payment, so with hindsight yes I shouldn't have paid it off. Nevermind will see how intrum progress things

[Roger]

When Debt is Consolidated if the original debts are with that lender the argument would be dressing a turd. It is different of course with consolidating Debts from other lenders. However questions of affordabillity sometimes arises especially if the resulting debt is Unsecured. Not always as simply as the credit rating because there may be known circumstances where the Lender is aware of changes of personal circumstances.

Now the Debt Managers are a Group the question is which Company within this Group was assigned the Tesco Debt?

Debt Managers - Search Firms - FCA Register
Debt Managers (Services) Limited (Applied to cancel)

[batchy_21]

When Debt is Consolidated if the original debts are with that lender the argument would be dressing a turd. It is different of course with consolidating Debts from other lenders. However questions of affordabillity sometimes arises especially if the resulting debt is Unsecured. Not always as simply as the credit rating because there may be known circumstances where the Lender is aware of changes of personal circumstances.

Now the Debt Managers are a Group the question is which Company within this Group was assigned the Tesco Debt?

Debt Managers - Search Firms - FCA Register
Debt Managers (Services) Limited (Applied to cancel)

Interesting. I don't have the debt mangers letters to hand but will check over the next few days. I saw that debt managers have stopped trading (google search) as such and sold all debts to Intrum who took over around 650,000 worth of customers !

[Roger]

Interesting. I don't have the debt mangers letters to hand but will check over the next few days. I saw that debt managers have stopped trading (google search) as such and sold all debts to Intrum who took over around 650,000 worth of customers !

Well the question is whom in the Debt Managers Group was Assigned the Tesco Account AND whom in the Debt Managers Group Assigned that Account to AND to whom in the Intrum Group was Assigned the Account?

[batchy_21]

Well the question is whom in the Debt Managers Group was Assigned the Tesco Account AND whom in the Debt Managers Group Assigned that Account to AND to whom in the Intrum Group was Assigned the Account?

Thanks. How would I find this out?. I have looked at the debt managers assignment letter and just says tesco bank have assigned all rights,titles etc to debt managers (services) Ltd.

[Still Waving]

Thanks. How would I find this out?. I have looked at the debt managers assignment letter and just says tesco bank have assigned all rights,titles etc to debt managers (services) Ltd.

Well that's the first part. Now try to find letters relating to the assignment from debt managers to Intrum.