Link Financial / Intrum / 1st Credit

[roomtobreathe]

Morning all, been a while!

Had a call this morning from a gentleman who wanted to talk things financial on behalf of a client. Told them to send a letter.

Had a look on the internet and this forum for Link financial and seen that they have been collecting on behalf of Intrum. Perhaps I should have put the phone down!

I have one debt left from my debt journey, see below which Niddy kindly resolved for me as a manageable plan, so I'm assuming its related to this.

Roomtobreathe's UE Diary - Halifax CC-*Niddy Intervention - Resolved* - AAD Consumer Forum (all-about-debt.co.uk)

I've been servicing this debt every month without fail and all I get now is an annual statement and occasionally a request to review.

Should there be anything I need to prepare for or is this likely to turn into another paperchase?

Thanks.

[Pat]

Can I just ask a couple of questions

I didn't read your whole thread so may have missed things.

You are in a payment arrangement that NIDDY negotiated for you?
You have been paying this for the last ten years (not a judgement just a question)

I see that way back in 2013 you were sent a CCA response but it doesn't say if NIDDY deemed this UE or EN.

The CCA request was sent while HBOS were still the owners?


Have you ever sent a new CCA request to the current owners?

If they are after anything other than a review- which you of course say you can't afford any extra - you might want to consider sending a new CCA request to see if the new owners have got the goods.

[The Tech Clerk]

26th Jan 2012 - letter from capquest, want money possible litigation etc.
31st Jan 2012 - phone calls from capquest to my place of work, together with calls at home.
31st Jan 2012 - letters to capquest, account ue and telephone/doorstep harassment
[COLOR=red]2nd Feb 2012 - letter from capquest, holding collection whilst investigating
4th Mar 2012 - letter from capquest, sending doorstep agent unless money paid
13th Mar 2012 - letter from CQ, acc on hold until compliance officer has a shufty
11th April 2012 - contact in writing only
2nd May - Halifax statement
23rd May 2012 - letter from Rob Way - formal demand for payment
15th June 2012 - letter from Rob Way appointment for home visit etc
2nd July 2012 - letter from Horwich Farrelly Solicitors, cough up, court action etc.
9th July 2012 - sold in dispute letter to Horwich with copy of no cca via moorcroft
13th July 2012 - letter from Horwich Farrelly, making necessary enquiries, collection will stop for now etc
16th August 2012 - letter from Horwich Farrelly, still awaiting response from Halifax
22nd August 2012 - CCA received together with letter from Horwich Farrelly asking for full payment.
28th August 2012 - letter sent to horwich farrelly missing prescribed terms
24th September 2012 - 8 sheets of plain paper A4 double sided T&Cs from Horwich Farrelly with a request to pay up within 10 days
9th October 2012 - Letter from Halifax, iQor now been instructed.
16th October 2012 - letter from iqor, payup.
2nd November 2012 - credit card statement from Halifax!!!???
16th November 2012 - letter from gpb solicitors, pay iqor or legal action will be commenced.
4th December 2012 - letter from gpb, legal action pending
11th December 2012 - letter to gpb, formally in dispute
23rd Jan 2013 - letter from iqor, agreement already sent, pay up
9th April 2013 - Nelson Guest, 50% doscount
2nd Dec 2013 - Letter from Halifax saying that BOS have flogged all rights, title and interest to 1st Credit (Finance). Also in the envelope a letter from 1stCredit introducing themselves.
9th December 2013 letter from 1stcredit, bankruptcy proceedings being considered.
16th December 2013 - letter from 1st credit threatening bankruptcy, might pass to Connaught Collections and giving a repayment plan offer of over £1k per month until the debt is settled.
Last edited by roomtobreathe; 20 December 2013, 18:27.

[The Tech Clerk]

Can I just ask a couple of questions

I didn't read your whole thread so may have missed things.

You are in a payment arrangement that NIDDY negotiated for you?
You have been paying this for the last ten years (not a judgement just a question)

I see that way back in 2013 you were sent a CCA response but it doesn't say if NIDDY deemed this UE or EN.

The CCA request was sent while HBOS were still the owners?


Have you ever sent a new CCA request to the current owners?

If they are after anything other than a review- which you of course say you can't afford any extra - you might want to consider sending a new CCA request to see if the new owners have got the goods.

CCA Request if needed

[Still Waving]

I've been servicing this debt every month without fail and all I get now is an annual statement and occasionally a request to review.

Should there be anything I need to prepare for or is this likely to turn into another paperchase?

Thanks.

Hi

Can you give a rough idea of the current outstanding amount, and the level of monthly repayment? Not idle curiosity, but may help us to understand what is behind this telephone call now.

Also, what has been the chain of ownership since 2013?

[Roger]

Hi

Can you give a rough idea of the current outstanding amount, and the level of monthly repayment? Not idle curiosity, but may help us to understand what is behind this telephone call now.

Also, what has been the chain of ownership since 2013?

I agree with Still Waving
The Chain of Ownership!! Is the place to Look

In your Diary you have key information and we have much more uptodate information June 2022!
2nd Dec 2013 - Letter from Halifax saying that BOS have flogged all rights, title and interest to 1st Credit (Finance). Also in the envelope a letter from 1st Credit introducing themselves.

Intrum UK Finance Limited (“Intrum”) was formerly known as 1st Credit (Finance) Limited.

Don't send a s.78 CCA request
Instead read this and have a chat with JCS

This https://all-about-debt.co.uk/forum/d...im#post1545170
June 22nd 2022!

The Court has today handed down Judgment in a case where we were instructed to represent an individual consumer and where the Appellant was Intrum UK Finance Limited (“Intrum”), formerly known as 1st Credit (Finance) Limited.

Intrum issued proceedings in the County Court in May 2019 alleging to be an assignee of a Halifax Credit Card Agreement entered into by the consumer in 2006. The consumer instructed Joanna Connolly Solicitors to defend him in the claim. We made an application in June 2019 for summary Judgment and/or the claim to be struck out. The application was heard in August 2019 by Deputy District Judge Trent, sitting in the County Court at Sheffield. After hearing from Mrs Connolly, Solicitor Advocate for the consumer, and Counsel of Gough Square Chambers for the Claimant, Deputy District Judge Trent made a finding that the Claimant (Intrum) was not authorised by the Financial Conduct Authority (“FCA”), and thus not entitled to bring legal proceedings against consumers. The Judge therefore struck the claim out and ordered Intrum to pay the Defendant’s costs.

Intrum sought to appeal the decision. Owing to delays in the County Courts and as a result of the covid 19 pandemic the appeal was not heard until January of 2022. The Appeal was heard before His Honour Judge Robinson sitting in the County Court at Sheffield. Intrum was represented by a QC from Henderson Chambers. Our Client was represented by Counsel on instruction of Mrs Connolly.

Judgment was reserved and not handed down until 9.30 am 8 June 2022. In a considered judgment, based on the facts before him, His Honour Judge Robinson found, as a matter of fact, that Intrum had no authorisation from the FCA to commence proceedings, that Deputy District Judge Trent was correct to strike out the claim on the basis he did and that Intrum’s appeal fell to be dismissed.

It is noteworthy that Intrum having had their claim struck out at first instance sought to appeal on a separate issue not raised before the Deputy District Judge We therefore instructed counsel to oppose the appeal primarily for that reason. Intrum conceded their new argument during submissions, and it is refreshing to see His Honour Judge Robinson took into account the argument in the Court below, as well as the previous decision we obtained of Her Honour Judge Sykes in the case of Idem Capital Securities Limited v Webster in which the legislative provisions, the legal framework and the submissions of Mrs Connolly were considered.
Although not a binding decision this latest Judgment is a second persuasive Judgment, after that of Her Honour Judge Sykes in Idem, that creditor/assignees who are not authorised by the FCA are not authorised to, and therefore under statute should not commence legal proceedings against consumers in respect of regulated consumer credit agreements.

It is important for consumers to be aware that Intrum and Idem are not the only unauthorised consumer credit debt purchasers who embark upon legal proceedings against consumers, and although these claims can be defended, as in this case, it is not a simple legal argument.

[roomtobreathe]

Thanks all!

The account was deemed enforcable back in the day.

There has been no notification from Intrum aside from the usual statements and letters asking for a review and offering slight discounts.

We are debt free apart from this debt and have no other credit cards, loans or anything so we rely entirely on what we have saved. It's seemed more prudent to continue paying a smaller amount to the debt than to try and clear it using our savings. Don't want to be in a position where we clear a debt we didn't have to and then meet a crisis and have no savings. Has worked for us.

[roomtobreathe]

Had a quick rummage befopre work and I think it will be around £1200, next Intrum statement due Sep 23. Current repayment £50pm.

As to the chain of ownership, it's only been First Credit since the agreement and then Intrum, which I assumed was just a change of name? Nothing received from Intrum regarding Link Financial, in fact nothing from intrum only statements and review requests.

Hi

Can you give a rough idea of the current outstanding amount, and the level of monthly repayment? Not idle curiosity, but may help us to understand what is behind this telephone call now.

Also, what has been the chain of ownership since 2013?

[roomtobreathe]

Thanks also for the link to the statement from JCS about the Intrum judgement, will have a look tonight and see if I can work out who 'owns' the debt.

[Still Waving]

They are probably looking to pressurise you into increasing your repayment, but due to rising costs across the board, you can't afford to increase - can you.

[Roger]

Thanks also for the link to the statement from JCS about the Intrum judgement, will have a look tonight and see if I can work out who 'owns' the debt.

We talk about Diaries and how tactics have changed so 2013 was 10 years ago and as you can see your GOOD Diary Entry has highlighted something which we know has only recently been a subject of a Successful Litigation! Jun 2022
1st Credit (Finance) Limited was used by 1st Credit Group to purchase debts.

[Pat]

Lets be clear about a few things

You owe around £1200 now so hardly a kings ransom and I dare say if you were to talk to JCS they may well say it is not economic to engage them, certainly if you also needed them to represent you should it come to court. If you don't believe me give Gerry a call and see what he says.

Now for the CCA- I did not say send a new CCA request, I said keep it in reserve. After all this time I suspect that the new owners will not have it and may very well not be able to get it from the original creditor. If that were the case you are home free.

Assignment chains and permissions are all complicated arguments that you may feel are not in your skill set- my view is try to go for the easy wins.

CCA - worst case it is enforceable , then you could look at default notices although thanks to a supreme court ruling they can recon them- don't get me wrong I love Tom Brennan-Banks but it's a bugger of a loss.

Lowest hanging fruit is my motto

The rest is all well and good for large debts where you can get a CFA with lawyers or even debts were it is worth paying £600 to get rid.


Finally, if the £50 is affordable can you save a little bit more because they have certainly made a huge profit from you , probably bought your debt for 10p in the £ or less.


You also need to be aware that the judgment shown above is persuasive and not binding and Judges are funny creatures with minds of their own.

[The Tech Clerk]

you mean - I love Tom Brennan-Banks but it's a bugger of a loss. along with Paul.

[Roger]

Confusing isn't it? Not really just one step at a time.
At the moment you pay £600 per year so £1200 is 24 months left to pay.
Remember Only a court can make you complete an Income & Expenditure FORM!

This will have dropped off your Credit Reports years ago and it can't be put back on again! Whether you pay or not won't have any effect on your Credit Report!

Nobody has said anything about Court or otherwise, but I figure £1200 in your own pocket is where you would want to be.
No need to speculate or go around the houses. After Jun 2022 Intrum will know all about JCS.

Now you get a Free first interview with JCS you can show them your Diary and they nodoubt will give you good practical advice.

[Pat]

you mean - I love Tom Brennan-Banks but it's a bugger of a loss. along with Paul.

can you point me to the one Paul is involved with. Do you mean Doyle? Yes that was a mixed bag wasn’t it.