CCA check

[The Tech Clerk]

not a letter before action just a hope you panic template see what they send next letter before action is about 5 pages

[dmdm85]

Updated to confirm debt purchased by Intrum UK finance limited.

Ok so I have now received another letter which I am guessing is a letter before claim? Should I now get in touch with intrum? I suspect I will get another one through for my loan after the bank holiday weekend. I have uploaded a copy of the letter here. I am getting really worried about this situation now I don't want this to go to court or end up with a CCJ.

[Roger]

Its a complex legal argument!

But from your and my point of view what matters is can they successfully Sue!
So you now have a better understanding that its NOT just about an Enforcible S.78 CCA.
There are other factors and this is where a Good Diary becomes important!
Reading and researching and making Notes for yourself come into the Equation!

Never engage in a tit for tat argument with these Global Debt Purchasing Companies!
Silence and sitting on your hands!
Any correspondence come back here!
From now on everything by SNAIL MAIL!! No txt's phonecalls, emails etc..

[dmdm85]

They are allowed to do a hard search, don’t really understand how or why this is the case. Seems wrong to me.
As for your credit file, a debt/account can only be registered once to your report and will only stay visible for 6 years, beyond the 6 years it can never show again.

Thanks for the reply. It does seem wrong I don't understand how Intrum can search when they are not the actual debt owners. Intrum UK finance are the debt owners but sure as they are not FCA regulated they have no right to report to credit agencies?

[Timewilltell]

They are allowed to do a hard search, don’t really understand how or why this is the case. Seems wrong to me.
As for your credit file, a debt/account can only be registered once to your report and will only stay visible for 6 years, beyond the 6 years it can never show again.

[dmdm85]

I was just wondering what rights Intrum have regarding credit file reporting if the are not FCA registered? Both accounts are still not showing on my credit file anymore. I assumed it's because maybe they only report every 3 months maybe? I also have 2 hard searches on my file from Intrum UK not Intrum UK finance limited. Do they have the right to do this?

[Roger]

Thank you I really appreciate the valuable support and advice from everyone on here. I would never have even got this far without it.

As you can see our AAD MODS and fellow members are understanding and very friendly and helpful!
What a difference AAD has made to my Life!!

[nightwatch]

To be clear, any Debt purchaser has to abide by the law, whether it be in relation to documentation or procedures. Many purchasers do not have much if any documentation from the Original Creditor, so this is their first obstacle, if they fail to be registered then this adds to their problems such as are they legally able to purchase, pursue a debt etc. so whilst you may be new to this and it is terrifying initially, the more you read and understand then the fear is lost and replaced with a confidence to continue. I will not say that it will be easy and not drawn out and the endless pursuit of your attention by letter, calls etc is tedious, but and it is a big but, you will become empowered and will be able to take control of your life rather than the debt controlling you.
stay with it, learn as much as you can and you will soon be giving the same advice as I!!
As Roger indicated, most if not all members here have been where you are, we are still here, some have made SB some are nearly there and others have forgotten more than they know now it’s been that long!!

Oy, wotzizname, are you saying I'm getting old and forgetfull, just because you get to the stage when you can't remember what you need to go upstairs for, then remember you now live in a bungalow, so go to the kitchen and make a cupper then leave it on the side while you let the dog in, who is sopping wet coz you let him out half an hour ago, so go and find a towel to dry him off, Which was what you were going to do in the first place.
You youngsters nowadays

[dmdm85]

To be clear, any Debt purchaser has to abide by the law, whether it be in relation to documentation or procedures. Many purchasers do not have much if any documentation from the Original Creditor, so this is their first obstacle, if they fail to be registered then this adds to their problems such as are they legally able to purchase, pursue a debt etc. so whilst you may be new to this and it is terrifying initially, the more you read and understand then the fear is lost and replaced with a confidence to continue. I will not say that it will be easy and not drawn out and the endless pursuit of your attention by letter, calls etc is tedious, but and it is a big but, you will become empowered and will be able to take control of your life rather than the debt controlling you.
stay with it, learn as much as you can and you will soon be giving the same advice as I!!
As Roger indicated, most if not all members here have been where you are, we are still here, some have made SB some are nearly there and others have forgotten more than they know now it’s been that long!!

Thank you I really appreciate the valuable support and advice from everyone on here. I would never have even got this far without it.

[Timewilltell]

To be clear, any Debt purchaser has to abide by the law, whether it be in relation to documentation or procedures. Many purchasers do not have much if any documentation from the Original Creditor, so this is their first obstacle, if they fail to be registered then this adds to their problems such as are they legally able to purchase, pursue a debt etc. so whilst you may be new to this and it is terrifying initially, the more you read and understand then the fear is lost and replaced with a confidence to continue. I will not say that it will be easy and not drawn out and the endless pursuit of your attention by letter, calls etc is tedious, but and it is a big but, you will become empowered and will be able to take control of your life rather than the debt controlling you.
stay with it, learn as much as you can and you will soon be giving the same advice as I!!
As Roger indicated, most if not all members here have been where you are, we are still here, some have made SB some are nearly there and others have forgotten more than they know now it’s been that long!!

[Roger]

Thanks Roger, I did read the link but didn't really understand how them not being FCA registered changes anything to my advantage. I will just wait and see how it plays out. With relation to my question a few posts above about the SAR, is this weekend a good time to send it?

https://all-about-debt.co.uk/forum/d...ed#post1526450

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.

If you are currently defending a claim with Intrum, whether stayed or ongoing, or they have obtained a Default Judgment against you and you have any query please post any queries on this thread..

Send the SAR now.
It makes sense to see what Tesco have or don't have in their records on you and will be for both the Credit Card and this Loan. It should include as well as correspondence between Tesco and Intrum.

[dmdm85]

Intrum can always issue a Claim even if you have been paying monthly!

AAD members all started where you are NOW.
If you search and read the Diaries you will see we have all experienced these same fears and terrors.

I did give you a link to the Intrum specific information and which explains this FCA issue.
Intrum UK Finance - AAD Consumer Forum (all-about-debt.co.uk)

The cost of Fuel has gone Up and a high Inflation figure is projected for this year.
Fuel, Food, Health, Rent, Rates, Insurance, Cars etc.. Are priority DEBTS .
Priority Debts are place before Unsecured Consumer Credit.
As the Cost of Living is and has risen and I doubt where your income has it means less if any surplus monies will be available to pay these DEBTS.
Living Costs Inflated and without an increase in INCOME.

So ask yourself this question ! If you have NO surplus money how can you continue to Pay.
Better to calm down look at each Debt individually and making Notes of Sic Legal owner (and whether FCA authorised).
Documents under Consumer Credit Act are these in order or NOT.

Save monies towards a fighting fund!

Confidence increases with knowledge! Thats what so many of US with AAD have discovered!

Thanks Roger, I did read the link but didn't really understand how them not being FCA registered changes anything to my advantage. I will just wait and see how it plays out. With relation to my question a few posts above about the SAR, is this weekend a good time to send it?

[Roger]

I really don't want doorstep visitors and I have to admit the thought of receiving a letter before claim absolutely terrifies me. I still don't quite understand how my debt being with intrum UK finance and them not being FCA registered benefits me. I just assumed if they take legal action they have the same chance as any other creditor against me.

Intrum can always issue a Claim even if you have been paying monthly!

AAD members all started where you are NOW.
If you search and read the Diaries you will see we have all experienced these same fears and terrors.

I did give you a link to the Intrum specific information and which explains this FCA issue.
Intrum UK Finance - AAD Consumer Forum (all-about-debt.co.uk)

The cost of Fuel has gone Up and a high Inflation figure is projected for this year.
Fuel, Food, Health, Rent, Rates, Insurance, Cars etc.. Are priority DEBTS .
Priority Debts are place before Unsecured Consumer Credit.
As the Cost of Living is and has risen and I doubt where your income has it means less if any surplus monies will be available to pay these DEBTS.
Living Costs Inflated and without an increase in INCOME.

So ask yourself this question ! If you have NO surplus money how can you continue to Pay.
Better to calm down look at each Debt individually and making Notes of Sic Legal owner (and whether FCA authorised).
Documents under Consumer Credit Act are these in order or NOT.

Save monies towards a fighting fund!

Confidence increases with knowledge! Thats what so many of US with AAD have discovered!

[dmdm85]

I had a shop direct debt with Intrum UK Finance and I had one doorstep visit (I wasn't in), I had letters every so often offering me ridiculous amounts off, it went Statute barred last year and I haven't heard a peep out of them since.

The only thing I did when I found that they were unregistered (thank you AAD) was to get a copy of my credit report, it was probably a pointless exercise but I just assumed that if they did try anything in regards to changing companies then I would have proof of this.

I really don't want doorstep visitors and I have to admit the thought of receiving a letter before claim absolutely terrifies me. I still don't quite understand how my debt being with intrum UK finance and them not being FCA registered benefits me. I just assumed if they take legal action they have the same chance as any other creditor against me.

[Mrreese6018]

So Intrum UK Limited is FCA registered Intrum UK Limited (fca.org.uk)
BUT Intrum UK Finance Limited isn't FCA registered

see here
Intrum UK Finance - AAD Consumer Forum (all-about-debt.co.uk)

So Make a note in your records and Diary of whom the legal owner is
Details like this are important!!

I had a shop direct debt with Intrum UK Finance and I had one doorstep visit (I wasn't in), I had letters every so often offering me ridiculous amounts off, it went Statute barred last year and I haven't heard a peep out of them since.

The only thing I did when I found that they were unregistered (thank you AAD) was to get a copy of my credit report, it was probably a pointless exercise but I just assumed that if they did try anything in regards to changing companies then I would have proof of this.