CCA check

[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.
SAR received from Tesco bank Fri 27th May CCA received in SAR sent to Niddy who has confirmed looks enforceable.

Updated to confirm CCA is enforceable

[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.
Another letter received dated 09/05/2022 from the legal department stating they are in charge of getting a CCJ against me. The letter says if I do not get in touch by 19/05/2022 their solicitors will apply for a CCJ.
SAR received from Tesco bank Fri 27th May.
CCA received in SAR sent to Niddy who has again confirmed it looks to be unenforceable.

Update to confirm CCA looks to be unenforceable Letter received from intrums solicitors dated 26th September to state they are taking legal action against me.

[dmdm85]

So a lot of the letters have been relating to the card account and not the loan account. If I were to receive a letter before claim would they have to do this as 2 separate letters for each account they have or could they just refer to one and then apply for a CCJ on both accounts? Just trying to get an idea on what I need to look out for.

[Timewilltell]

Are they writing to you as separate accounts? If so then I’d expect each to be serviced independently.

[Timewilltell]

Just because the CCA is enforceable doesn’t necessarily mean the account is enforceable as there are more than one aspect they have to comply with for total enforceability.
Also it is not always the case that the DCA will be able to obtain the CCA from the OC, there are contracts written which in some instances mean the paperwork may not be passed forward to Debt purchaser. Remember once sold the OC wants to spend as little time if any on the account, and just because by law they have to hold the records for you doesn’t mean they’ll pass it on to a third party.

[Roger]

Just because the CCA is enforceable doesn’t necessarily mean the account is enforceable as there are more than one aspect they have to comply with for total enforceability.
Also it is not always the case that the DCA will be able to obtain the CCA from the OC, there are contracts written which in some instances mean the paperwork may not be passed forward to Debt purchaser. Remember once sold the OC wants to spend as little time if any on the account, and just because by law they have to hold the records for you doesn’t mean they’ll pass it on to a third party.

Absolutely!! Don't overthink this! Tesco KNOW in part the Loan was applied to the Credit Card because a chunk of money at that time was paid OFF!
If the Credit Card is UE then this impacts immediately on the Loan!

Don't forget Intrum have potential issues over FCA Authorisation. There are questions over the UE of the Credit Card and the Loan is intertwined with the Credit Card Debt! Don't over think this! Make Notes as you have been doing!
Do something about your gambling!! which is behind your Debt problems.

This is far from cut and dry for Intrum and why has the Loan Debt been placed on the back burner!
Don't over think!

[Roger]

I refer to the following very significant Entry below and remind ".. Don't forget Intrum have potential issues over FCA Authorisation .."
Joanna Connolly
https://all-about-debt.co.uk/forum/f...to-issue-claim

[dmdm85]

I refer to the following very significant Entry below and remind ".. Don't forget Intrum have potential issues over FCA Authorisation .."
Joanna Connolly
https://all-about-debt.co.uk/forum/f...to-issue-claim

Hi I have read this and know about this but I don't really understand what this means in terms of taking me to court. I assume they must have successfully taken people to court in the past and recovered debts for them to carry on doing so. I am yet to hear anything else back from them since the letter stating they would pass this on to their solicitors if I had not contacted them by the 19th May. I usually receive at least one letter from them every week so I am guessing they have passed it on to their solicitors now.

[The Tech Clerk]

sit tight, means some people know the truth and others are unaware>

[dmdm85]

Yes I am just going to wait and see what their next move is. The annoying thing I find with them is that they will date a letter nearly a week before I get it so if I do get a letter before claim through I will have lost nearly a week from the start.

[The Tech Clerk]

letter before claim contains about 5/6 pages of questions.

[Timewilltell]

Hi I have read this and know about this but I don't really understand what this means in terms of taking me to court. I assume they must have successfully taken people to court in the past and recovered debts for them to carry on doing so. I am yet to hear anything else back from them since the letter stating they would pass this on to their solicitors if I had not contacted them by the 19th May. I usually receive at least one letter from them every week so I am guessing they have passed it on to their solicitors now.

What it means is they are not permitted to take you to court, however many times they chance it and many times they win as it is unchallenged, only when something is challenged do things change, and clearly JCS know how to challenge, ultimately the challenge will bring the truth to the surface!

[dmdm85]

Hi everyone I have not posted much on here lately as everything has gone very quiet. I have not heard anything at all from intrum since the last letter they sent me so not too sure what is going on. I found the link below quite interesting to read which I came across recently. Especially the "intrum UK finance lose appeal" section. Hope everyone is doing ok.

https://joannaconnollysolicitors.co....nce)%20Limited.

[dmdm85]

Update to confirm CCA looks to be unenforceable

I have what I believe is a letter of claim Received today for this debt from intrum. I am getting extremely worried about this now please could somebody help me on what I need to do next. I have attached an image of the letter. I have no idea on what I should do next here. I guess they get around the assignment thing by saying that intrum are the servicer and intrum UK finance are the creditor.

[The Tech Clerk]

How many sheets of letter with it?