CCA check

[dmdm85]

Thanks guys I'm just really worried about missing something here. At what stage should I send intrum a CCA request? If I leave it until they start taking court action then could this not be too late? I have not yet had a reply from the Tesco Bank regarding the SAR I sent on the 19th April. When I track this on the royal mail website it says it is still at the post office and the next update will be when delivery is attempted. Not sure how this can be or if this has just not been updated. Sorry for all the questions but my credit report is now showing both debts in the name of "Intrum UK Finance Limited". How is a company that is not FCA registered allowed to report to the credit reference agencies, surely this shouldn't be allowed? Thanks everybody I appreciate the support.

[Timewilltell]

Hi dmdm85, see below from a section my diary, I wouldn't panic just yet.





18/12/20 Letter received from Intrum - We may take legal action if you don't get in touch.
We'd really like to help you pay back the money you owe us, but if we don't here from you we can't help and we may take legal action that may affect your credit score.
Also included is an income/expenditure form and numerous options of how to get in touch. (Filed)

30/12/20 Letter received from Intrum - We're thinking of taking you to court.
We don't want to but if you don't get in touch soon we'll pass your account to our legal team, they'll consider applying for a County Court Judgement which could make it harder for you to borrow money in the future. They may also add court and solicitor fees. (Filed)

6/1/21 Letter received from Intrum - Would I like a discount?
We want to help you pay your debt without taking you to court, so if you get in touch within the next 10 days we'll give you a discount on the £....... you owe. (Filed)

14/1/21 Letter received from Intrum - Our final discount offer before we consider court action.
If we don't hear from you in 10 days we'll pass your account to our legal team who could take you to court.
But we want to help you pay us back without involving the courts, so here are some options we hope will make it easier for you.
Pay in January for a 20% discount, pay over 3 months for a 10% discount. (Filed)

29/01/21 Letter received from Intrum - We're getting ready for legal action.
We're planning to hand your account over to our legal team on ../02/21.
They may apply for a County Court Judgement
to demand you repay the money by a certain date, if you don't pay and judgement is granted the court can issue -
An attachment of earnings-
A warrant of control-
A charging order.

We'd really like to find a way for you to pay us without taking you to court, if you get in touch before ../02/21 we'll try to work out
a repayment plan that helps you avoid legal action. (Filed)

05/02/21 Letter received from Intrum - Introducing our legal team
I'm x... x... from the legal team at Intrum, our collection teams has passed your account to us because you haven't
agreed a way to pay the money you owe us. We're now in charge of getting a county court judgement issued against you to
demand you pay the money back.
Get in touch within 10 days or we'll pass your account to our solicitors,
they'll write to you explaining what you owe and giving you a last chance to pay, if you don't pay they may apply for a CCJ.
The court could demand that you also pay the solicitors costs and court fees which we'll add to the balance you owe us.
-
We can still help
it's not too late to pay us back without involving solicitors, call us, we promise to listen and try to work out a repayment plan you can afford. (Filed)

19/02/21 Letter received from Intrum headed Legal Department
We regret that we have not heard from you and would like to take this opportunity to support you in the resolution of this account.
We have placed your account on hold for 10 days for you to contact us to discuss your situation, please call or email us @.
Should no contact be forthcoming your account will be passed to our solicitors with the intention of issuing a letter before claim. (Filed)

04/03/21 Letter received from Intrum - we have engaged the services of Judge and Priestly LLP
and have transferred your account to them.
Our instructions to them are to pursue the outstanding debt on our behalf which may result in them being instructed to
issue a claim against you in the County Court; to obtain a CCJ against you.
Should you wish to avoid the possibility of County Court proceedings and judgement being entered please contact us


So Intrum have engaged Judge and Priestly solicitors to send you a 'Letter of Claim'. It appears they have not instructed the firm to issue a county court claim for this debt where the credit agreement has been deemed unenforceable.

When you receive the 'Letter of Claim' feel free to email it to me.

In the meantime read this post by Jo which highlights the other difficulties Intrum may face if they do issue legal proceedings >


Originally posted by Joanna Connolly View Post
Intrum UK Finance Limited is not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

We look forward to using the same legal arguments in the future against Intrum UK Finance Limited which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

Intrum also have issues with their assignment process and documentation.




30 04/21 Letter received from Intrum -
We wrote to recently outlining our intentions to issue litigation proceedings against you. Having performed a review
of your account we have decided not to proceed with litigation at this moment in time.
As such your account will shortly be transferred from the legal department back to the collections.
Please contact us to discuss the repayment options available to you ----- (Filed)0

13/05/21 Letter received from Intrum -
We are committed to helping our customers and would like to offer you a discount by way of a partial settlement on your account. We believe this will help you repay your debt whilst saving you money.
Pay May and we will write off 30% of your balance. (Filed)


15/05/21 Letter received from Intrum -
We haven't heard from you, were getting ready to use Resolvecall.
We've now decided to pass your account to Resolvecall so they can arrange a personal visit to your home. (Filed)

21/05/21 Letter received from Resolvecall -
Along the lines of -
We would ask you contact Intrum within 7 days to discuss this matter, or if you prefer, we can send one of our representatives to make a personal visit to your home. Please do not ignore this letter, act now to have a positive discussion about your account.
Please contact Intrum immediately .......... (Filed)

Resolvecall came and went, saw the badge and said I wasn't the person he was looking for, he left contact details on a card in the letter box, can't remember the date, approx 5 weeks ago, then a letter from Intrum on the 08/08 saying -
You now owe money to us, not Sainsbury's Bank.

Sentence reminding me of when transaction took place and for how much and all payments made since early 2020 have now been forwarded to Intrum and are reflected in the balance of this letter.
You will be pleased to hear there's nothing extra you need to do, we know you have been dealing with Moorcroft and we would like you to continue making your payments to them.

18/08/21 Latest from Intrum - We have noticed you do not currently have a repayment plan in place, we want to help all our customers .....
If you don't want to call it's easy to manage your account online and make immediate payments. (Filed)
Last edited by Stevo62; 22 August 2021, 12:58.
[/QUOTE]


And this is exactly the game play that Intrum are well known for.

[Stevo62]

That's a little awkward as I usually move between hotels/airbnb I am in Wales then up in Liverpool then down to Cornwall over the next 6 weeks so I have nowhere permanent to forward it to. It's all come at the wrong time really as I am hardly at home lately.

Hi dmdm85, see below from a section my diary, I wouldn't panic just yet.





18/12/20 Letter received from Intrum - We may take legal action if you don't get in touch.
We'd really like to help you pay back the money you owe us, but if we don't here from you we can't help and we may take legal action that may affect your credit score.
Also included is an income/expenditure form and numerous options of how to get in touch. (Filed)

30/12/20 Letter received from Intrum - We're thinking of taking you to court.
We don't want to but if you don't get in touch soon we'll pass your account to our legal team, they'll consider applying for a County Court Judgement which could make it harder for you to borrow money in the future. They may also add court and solicitor fees. (Filed)

6/1/21 Letter received from Intrum - Would I like a discount?
We want to help you pay your debt without taking you to court, so if you get in touch within the next 10 days we'll give you a discount on the £....... you owe. (Filed)

14/1/21 Letter received from Intrum - Our final discount offer before we consider court action.
If we don't hear from you in 10 days we'll pass your account to our legal team who could take you to court.
But we want to help you pay us back without involving the courts, so here are some options we hope will make it easier for you.
Pay in January for a 20% discount, pay over 3 months for a 10% discount. (Filed)

29/01/21 Letter received from Intrum - We're getting ready for legal action.
We're planning to hand your account over to our legal team on ../02/21.
They may apply for a County Court Judgement
to demand you repay the money by a certain date, if you don't pay and judgement is granted the court can issue -
An attachment of earnings-
A warrant of control-
A charging order.

We'd really like to find a way for you to pay us without taking you to court, if you get in touch before ../02/21 we'll try to work out
a repayment plan that helps you avoid legal action. (Filed)

05/02/21 Letter received from Intrum - Introducing our legal team
I'm x... x... from the legal team at Intrum, our collection teams has passed your account to us because you haven't
agreed a way to pay the money you owe us. We're now in charge of getting a county court judgement issued against you to
demand you pay the money back.
Get in touch within 10 days or we'll pass your account to our solicitors,
they'll write to you explaining what you owe and giving you a last chance to pay, if you don't pay they may apply for a CCJ.
The court could demand that you also pay the solicitors costs and court fees which we'll add to the balance you owe us.
-
We can still help
it's not too late to pay us back without involving solicitors, call us, we promise to listen and try to work out a repayment plan you can afford. (Filed)

19/02/21 Letter received from Intrum headed Legal Department
We regret that we have not heard from you and would like to take this opportunity to support you in the resolution of this account.
We have placed your account on hold for 10 days for you to contact us to discuss your situation, please call or email us @.
Should no contact be forthcoming your account will be passed to our solicitors with the intention of issuing a letter before claim. (Filed)

04/03/21 Letter received from Intrum - we have engaged the services of Judge and Priestly LLP
and have transferred your account to them.
Our instructions to them are to pursue the outstanding debt on our behalf which may result in them being instructed to
issue a claim against you in the County Court; to obtain a CCJ against you.
Should you wish to avoid the possibility of County Court proceedings and judgement being entered please contact us


So Intrum have engaged Judge and Priestly solicitors to send you a 'Letter of Claim'. It appears they have not instructed the firm to issue a county court claim for this debt where the credit agreement has been deemed unenforceable.

When you receive the 'Letter of Claim' feel free to email it to me.

In the meantime read this post by Jo which highlights the other difficulties Intrum may face if they do issue legal proceedings >


Originally posted by Joanna Connolly View Post
Intrum UK Finance Limited is not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

We look forward to using the same legal arguments in the future against Intrum UK Finance Limited which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

Intrum also have issues with their assignment process and documentation.




30 04/21 Letter received from Intrum -
We wrote to recently outlining our intentions to issue litigation proceedings against you. Having performed a review
of your account we have decided not to proceed with litigation at this moment in time.
As such your account will shortly be transferred from the legal department back to the collections.
Please contact us to discuss the repayment options available to you ----- (Filed)0

13/05/21 Letter received from Intrum -
We are committed to helping our customers and would like to offer you a discount by way of a partial settlement on your account. We believe this will help you repay your debt whilst saving you money.
Pay May and we will write off 30% of your balance. (Filed)


15/05/21 Letter received from Intrum -
We haven't heard from you, were getting ready to use Resolvecall.
We've now decided to pass your account to Resolvecall so they can arrange a personal visit to your home. (Filed)

21/05/21 Letter received from Resolvecall -
Along the lines of -
We would ask you contact Intrum within 7 days to discuss this matter, or if you prefer, we can send one of our representatives to make a personal visit to your home. Please do not ignore this letter, act now to have a positive discussion about your account.
Please contact Intrum immediately .......... (Filed)[/QUOTE]


Resolvecall came and went, saw the badge and said I wasn't the person he was looking for, he left contact details on a card in the letter box, can't remember the date, approx 5 weeks ago, then a letter from Intrum on the 08/08 saying -
You now owe money to us, not Sainsbury's Bank.

Sentence reminding me of when transaction took place and for how much and all payments made since early 2020 have now been forwarded to Intrum and are reflected in the balance of this letter.
You will be pleased to hear there's nothing extra you need to do, we know you have been dealing with Moorcroft and we would like you to continue making your payments to them.

18/08/21 Latest from Intrum - We have noticed you do not currently have a repayment plan in place, we want to help all our customers .....
If you don't want to call it's easy to manage your account online and make immediate payments. (Filed)
Last edited by Stevo62; 22 August 2021, 12:58.

[Timewilltell]

Ok, so they have achieved what they set out to do, they have scared you.
Whenever you find yourself in a scary situation it is easy to have a knee jerk reaction, when really what you need to do is stop take a breath and apply reasoning.
Take heed of NW’s advice, for it is correct.

They can do nothing without following the correct protocol and this takes time to complete.
I, like you, work away from home and have found myself in a similar situation as yourself in the past, however having reached out on this site I was reassured (with similar advice to that that you have been given) and to this day nothing has come of the threats, and SB is just round the corner.

You have done the right thing by calling on here first, you have been wise without knowing!!

[dmdm85]

Is there no-one who could forward your correspondence (unopened) to you?


"CCA request previously sent to tesco bank thought to be unenforceable SAR sent to Tesco Bank 15th April
Letters indicating they will take court action. Latest letters offering a discount to settle without court action. Letter received 06/05/22 dated 28th April to say they are getting ready for legal action."

Are all these letters from Intrum since Jan 2022?

That's a little awkward as I usually move between hotels/airbnb I am in Wales then up in Liverpool then down to Cornwall over the next 6 weeks so I have nowhere permanent to forward it to. It's all come at the wrong time really as I am hardly at home lately.

[Still Waving]

Ok I am just panicking a bit. My issue is I work away alot I am hardly at home over the next 6 weeks so if a letter drops through while I am away I will have no time to respond. How do I get around this?

Is there no-one who could forward your correspondence (unopened) to you?


"CCA request previously sent to tesco bank thought to be unenforceable SAR sent to Tesco Bank 15th April
Letters indicating they will take court action. Latest letters offering a discount to settle without court action. Letter received 06/05/22 dated 28th April to say they are getting ready for legal action."

Are all these letters from Intrum since Jan 2022?

[dmdm85]

Ok I am just panicking a bit. My issue is I work away alot I am hardly at home over the next 6 weeks so if a letter drops through while I am away I will have no time to respond. How do I get around this?

[nightwatch]

WOAH, hold your horses.
They can't just issue an Attachment of earnings, they have to take you to court and they have to WIN,
before they can go anywhere they have to issue you with a letter before claim, It will state clearly thats what it is,
Have you had one?
you get 30 days to reply,
You MAY, then send a CCA request to INTRUM as they are the owners and the one's threatening legal action, see what they send back.
DO NOT PANIC, do not start running round like a headless chicken, calm down and breath deeply,
Post on here when you get the next letter

NW

[dmdm85]

Tesco Bank Credit card purchased by Intrum UK finance limited Jan 2022
opened online 2004
Last full payment date September 2018
No payments made for the last 11 months
Remaining balance £10,000
CCA request previously sent to tesco bank thought to be unenforceable SAR sent to Tesco Bank 15th April
Letters indicating they will take court action. Latest letters offering a discount to settle without court action. Letter received 06/05/22 dated 28th April to say they are getting ready for legal action.

Hi all have received another letter from intrum this morning it is dated 28th April but only received today. It says at the top they are getting ready for legal action and if I don't reply by the 8th May they are handing it over to their legal team and will apply to issue an attachment of earnings. I really don't want my employer to know about this situation so I think I may have to contact them before that happens. That would be my worse nightmare.

[Roger]

A diary is just that every communication by letter etc give 100% picture up situation date as now or the date updated. so all information otherwise time can/is wasted Oh! you did not tell us that?? No Shortcuts, we give free time, so many people needs help :- we can save as to time with all data keep in diary.

Completely Agree with The Tech Clerk

Now please add this information to your Diary Entry! Because part of that Loan Debt was for an existing Debt! This is important!!
This is the type of Information that can be lost by having to trawl through 12 Pages.

Ok so yes it was partly taken out for this reason and partly for home improvements/repairs that were needed, new boiler and some new windows etc. I can't remember off the top of my head which one of those reasons I would have stated in the application. Hope that makes sense. Thanks again for taking the time to give advice, it is very much appreciated.

[The Tech Clerk]

A diary is just that every communication by letter etc give 100% picture up situation date as now or the date updated. so all information otherwise time can/is wasted Oh! you did not tell us that?? No Shortcuts, we give free time, so many people needs help :- we can save as to time with all data kept in diary.

[Roger]

They would have to send you first a Letter Before Claim (LBC) with a 30 day timeframe!
By then you should have that SAR back from Tesco!
The LBC will be the appropriate time to contact Colin G Quinn Initial Interview is free.
This is where the SAR and what you have already discovered becomes really useful!
You are doing Well!

[dmdm85]

Tesco Bank Personal loan brought by Intrum UK finance limited in Jan 2022
Opened online June 2017 original amount £24,500
Last full payment date September 2018
Regular £43 monthly payments from Feb 2021
Remaining balance £21,000 (sorry balance was wrong in the original diary).
No CCA request sent on this SAR sent to Tesco Bank 15th April
Letters indicating they will take court action. Latest letters offering a discount to settle without court action.

Same as previous letters offering discount to settle early

[dmdm85]

Tesco Bank Credit card purchased by Intrum UK finance limited Jan 2022
opened online 2004
Last full payment date September 2018
No payments made for the last 11 months
Remaining balance £10,000
CCA request previously sent to tesco bank thought to be unenforceable SAR sent to Tesco Bank 15th April
Letters indicating they will take court action. Latest letters offering a discount to settle without court action.

Letters from intrum indicating they will offer me a discount if i contact them within 10 days

[Night Monkey]

...do I need to update my diary for every letter I receive or only significant ones?

For standard 'We are giving you the opportunity to address your debt' type letters I add a dated note of them to the original diary (as much for my own benefit as anything) and leave it at that. For anything more substantive or concerning I quote relevant sections from the diary in a new post, describe the letter and ask for advice.

If in doubt ask anyway, it's better to make sure than miss something.