Unenforcable??

[stuckinarut]

Hi Di

Yes that’s exactly what I was worried about, I didn’t confirm my name but from my response they will obviously know it’s me…

What is the best thing to say/do if they were to turn up again?

Thank you, hope you do too!

MrsH

Hi Mrs H They will most likely not come back. However if they do, only say No thanks, dont wish to speak with you, please leave close the door. job done

[MrsH]

Hi Di

Yes that’s exactly what I was worried about, I didn’t confirm my name but from my response they will obviously know it’s me…

What is the best thing to say/do if they were to turn up again?

Thank you, hope you do too!

MrsH

[PlanB]

Hi Di

I haven’t sent the harrasment letter. I’m very conscious of resetting the 6 year clock…

What would you suggest doing?

Well that may depend on what you said to Resolvecall on the doorstep.

I know when I'm spooked by something I tend to lose sight of the objective (to keep my mouth shut) and also forget my manners (to say what I think including swear words ).

Maybe what you said will be noted and possibly seen as acknowledging the debt, but that won't make any difference to the fact that this debt has been viewed as unenforceable by Niddy.

Hang on in there and do nothing right now.

Enjoy your weekend (and the football . . . )

Di

[MrsH]

Hi Di

Yes it is regarding the Tesco debt which was sold to Intrum on 17/01/19. What they sent back as a result of my CCA request was deemed unenforceable when I sent it across to be looked at on here.

I have not spoken to or sent anything to Intrum since the CCA. They would often send me offers of between 20-80% off the balance but I have always just ignored them.

I haven’t sent the harrasment letter. I’m very conscious of resetting the 6 year clock…

What would you suggest doing?

Many thanks

MrsH

[PlanB]

Credit Card (Tesco)
Unsure of date - 1st statement that I have is dated 08/10/2008
£1,290
August 2010
Arrangement
In arrears (my reduced monthly payments are up to date) - did default but this has dropped off my credit file
Intrum


08/05/19 Letter from Intrum acknowledging receipt of my request, they will be contacting Tesco for the information.

04/07/19 - Call from Intrum saying there was a matter they need to discuss with me. I told them I would not be dealing with anything over the phone and to put it in writing to me.

09/07/19 - Letter received from Intrum. "Following your request for the balance of your account, please be advised that the current balance is £1254.91. If you would like to speak to a member of our team" etc etc. No mention of currently being unenforceable. (I have not made a request for the balance!)

I've only just seen your post about a visit from Resolvecall which was understandably scary for you.

It seems this was in reference to the above debt assigned to Intrum (when?) which was originally a Tesco credit card from 2008 or maybe before that.

I can also see that you sent a s78 CCA Request to Intrum in May 2019 which has been acknowledged by them but they haven't been able to comply.

Has there been any interaction between you and Intrum since then?

I ask because sometimes the SWID or another template letter can stop them from harassing you, but don't send anything until the facts become clearer.

Di

[Warwick65]

just remember if you send they probably take it that you are an easy target and will pressure more??? harassment ? they are entitled to chase an alleged debt but with-in guide lines so far they have done what is allowed.

I can only go on my experience and say that is not the case. Most wrote back giving some bull about it not being harassment but all dialled back their activity.

Remember as well, if you believe you are being harassed then in my opinion you are - it is not up to them to define what is harassment and what is not. Nearly all DCA's sail very close to the wind and on many occasions go too far.

[The Tech Clerk]

For Info:- The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.

From a site National debt line (with thanks to them):-

??????If you do not pay your debts, your creditors are allowed to ask you to pay and keep reminding you to pay from time to time. This will not usually count as harassment. However, they must not act illegally. This fact sheet will help you identify what behaviour by your creditors may count as harassment and what you can do about it. The fact sheet covers:

• how the Consumer Credit sourcebook (CONC) of the Financial Conduct Authority (FCA) can help you with harassment;
• how the Consumer Protection from Unfair Trading Regulations 2008 can help you; and
• how to deal with harassment by your creditors.

??????Principle 7, Principles for Businesses:- for your information:- hope it gives insight to limits they can go???

This includes:

• sending letters that look like court claims;
• not making it clear who the company is or what their role is;
• using unhelpful legal language;
• not giving balance statements about the debt when asked;
• not letting you know the outcome if you have disputed or queried the debt;
• contacting you at unreasonable times even when asked not to; and
• asking you to contact them on premium rate phone numbers.

[The Tech Clerk]

just remember if you send they probably take it that you are an easy target and will pressure more??? harassment ? they are entitled to chase an alledged debt but with-in guide lines so far they have done what is allowed.

[Warwick65]

Send or not is up to you( I would) but if you felt harassed then you were.

[The Tech Clerk]

thats it, you do not have to action the letter/card. await next move sure PlanB will pop in soon, you did as most people do there is no obligation to converse with them.

[MrsH]

Hi

I haven’t sent the harrasment letter yet - but have just had someone from Resolvecall at my door!! He asked for me to confirm that I was me, I said I didn’t wish to deal with people turning up on my doorstep and told him I would be sending a harrasment letter as I panicked. I shut the door on him and he posted a slip through the door with info on to call them.

Do I just send the harrasment letter - do Intrum actually think what they sent me in response to my CCA was enforceable??

sorry for rambling, I feel a little shaken up…

many thanks


mrsh

[PlanB]

if I send the letter do I send it to Intrum or to Resolvecall?

You send the letter to Resolvecall (not Intrum)

Di

[MrsH]

Thanks all - if I send the letter do I send it to Intrum or to Resolvecall? And will it then start the clock again with regards to Statute Barred?

[The Tech Clerk]

» Harassment & Threat of Doorstep-Visit

[Warwick65]

If you would rather you can send the no doorstep letter - its here on the site somewhere