F19FOX's UE diary

[F19FOX]

Hello Di

Oh wow! That sounds very encouraging indeed. You have made my day

Enjoy the rest of your day!

Fox

I've just received a letter from Judge & Priestley Solicitors in connection with this debt (Tesco / Intrum) stating 'this letter is sent in compliance with the Pre-Action Protocol on Debt Claims'. There are two appendices as well - the first asking me various questions with options as to whether I agree the debt etc and the second is for me to record details of my financial situation including my income and expenditure. They have given me 30 days to reply (from 17th Nov) or 'our client may instruct us to issue court proceedings against you without further notice.'

So, my query is do I need to respond to this and if so stating what? Or is this another bluff and bravado attempt to get me to contact them but I should ignore?

Thanks

Fox

[Joanna Connolly Solicitors]

I've just received a letter from Judge & Priestley Solicitors in connection with this debt (Tesco / Intrum) stating 'this letter is sent in compliance with the Pre-Action Protocol on Debt Claims'. There are two appendices as well - the first asking me various questions with options as to whether I agree the debt etc and the second is for me to record details of my financial situation including my income and expenditure. They have given me 30 days to reply (from 17th Nov) or 'our client may instruct us to issue court proceedings against you without further notice.'

So, my query is do I need to respond to this and if so stating what? Or is this another bluff and bravado attempt to get me to contact them but I should ignore?

Hello

That sounds like a Letter of Claim to me.

Email me a copy so I can see what they intend to claim and why they think they have the right to claim it using di@joannaconnollysolicitors.co.uk

Only send the first couple of pages not the whole Reply Form bit.

I'll also take a peek back at the history of this debt on your thread and post again later.

Di

[Joanna Connolly Solicitors]

I've found the history in this post here.

I can see your CCA Request was sent to Tesco but that doesn't necessarily mean that Intrum will have access to the same documentation. Maybe email me the credit agreement you were sent to look at as well.

Don't worry yet about the agreement being deemed enforceable because that doesn't necessarily mean that the original creditor has complied with all their other statutory duties.

And don't forget that Intrum do not have FCA authorisation to issue legal proceedings although that doesn't mean they won't give it a go.

F19FOX's account number 7


TESCO

• Type of account - Credit card
• Date commenced - 22nd Nov 2011
• Approx balance - £10,641
• Date last 'full' payment - 30th Oct 2015
• Arrangement - Not paying
• Status - defaulted 9th March 2016
• Account owner - Intrum UK Finance Limited

2015
OCT26/10 Advice from Stepchange (SC) to set up temporary payment arrangements of £1 with each of my creditors as my income is less than my expenses.
30/10 Posted SC templated temporary payment arrangement letters to all creditors offering £1 per month token payments. Included budget and list of creditors.

2018
APR 27/4 Wrote to Tesco to request copy of CCA.
MAY 14/5 Letter from Tesco with CCA documents.
MAY 20/5 CCA documents sent to Niddy to check for enforceability.
22/5 Niddy says its enforecable No real surprise especially as its my newest debt but I really value his expert opinion. Thanks Niddy

22/5 Continue to pay token payments of £1pm and see if anything else develops
JUN 6/6 text received from tesco requesting me to contact them urgently - guessing its for my annual review!
7/6 Letter from Tesco saying time for a review, my current arrangement has come to an end and that if they don't hear from me then they will continue on the same arrangement as before! .. So no change then
DEC13/12 Letter from Tesco 7th Dec 2018 requesting review but also stating if I don't contact them then will continue on same arrangement. So continuing with £1 per month then! ..

2020
Jan 8/1 Letter from Tesco requesting review but if I don't contact them then will remain on same arrangement as present. Filed.
Feb 3/2 correspondence received from Tesco & Intrum all in same envelope dated 30th Jan 2020 informing me that Intrum UK Finance Limited is now the new legal owner. I've decided therefore to stop my £1 token payments from today. Filed paperwork
Mar 5/3 Letter from Intrum dated 2nd mar 2020 chasing to set up payment plan. Filed
11/3 Letter from Intrum telling me to get in touch in the next 10 days. Filed
23/3 Letter from Intrum saying they may take legal action if I don't get in touch. Filed
31/3 Letter from Intrum asking me to get in touch & tell them what I can afford. Filed
APR 13/4 Letter from Intrum wanting me to set up payment plan - Filed.
22/4 Letter from Intrum saying they may take legal action if I don't get in touch. Filed
MAY 4/5 Letter from Intrum saying they are thinking of taking me to court. Filed
11/5 Letter from Intrum saying 'would I like a discount without taking me to court?'. Filed
20/5 Letter from Intrum saying they are planning to hand my account over to their legal team. Filed
JUNE 1/6 Letter from Intrum legal dept saying they will pass my account to solicitors if I fail to get in touch within 10 days. Filed.
OCT 26/10 Letter from Intrum legal dept saying they will pass my account to solicitors if I fail to get in touch within 10 days. Filed.
NOV 12/11 Letter from Intrum legal dept saying they have transferred my account to Judge & Priestley LLP to pursue the debt. Filed.
17/11 Letter from Judge & Priestley solicitors sent in compliance with the Pre-Action Protocol on Debt Claims giving me 30 days to respond. Filed.

Di

[F19FOX]

Hello

That sounds like a Letter of Claim to me.

Email me a copy so I can see what they intend to claim and why they think they have the right to claim it using di@joannaconnollysolicitors.co.uk

Only send the first couple of pages not the whole Reply Form bit.

I'll also take a peek back at the history of this debt on your thread and post again later.

Di

Hello Di

Thank you for responding so promptly!

I've just emailed you

Thank you

Fox

[F19FOX]

Just seen your second post . I will email you the CCA as well now Thanks

[Joanna Connolly Solicitors]

Hello Di

Thank you for responding so promptly!

I've just emailed you

Thank you

Fox

I've received both of those emails and replied with some questions for you

You have 30 days to reply (or not) to that Letter of Claim so now is a good time to do the background research.

Send a SAR to Tesco to see what data they hold, don't sign it with your usual signature. I'll explain more when we speak.

Enjoy the rest of your weekend.

Di

[F19FOX]

I've received both of those emails and replied with some questions for you

You have 30 days to reply (or not) to that Letter of Claim so now is a good time to do the background research.

Send a SAR to Tesco to see what data they hold, don't sign it with your usual signature. I'll explain more when we speak.

Enjoy the rest of your weekend.

Di

Thanks Di

I've just managed to catch the post and the SAR request is on it's way to Tesco .. with an unusual signature

Enjoy the rest of your weekend too.

Thanks again

Fox

[Joanna Connolly Solicitors]

Thanks Di

I've just managed to catch the post and the SAR request is on it's way to Tesco .. with an unusual signature

Enjoy the rest of your weekend too.

Thanks again

Good - now let's see what that reveals

(I've replied to your latest email)

Di

[F19FOX]

Good - now let's see what that reveals

(I've replied to your latest email)

Di

Exactly one month later Tesco reply to my SAR request!

Interesting to me is no mention whatsoever about Intrum or anything in the transaction log showing that the debt was assigned to them! I have a separate letter from Tesco saying they were transferring the debt to Intrum back in Jan 2020 but this is not mentioned in the SAR and they haven't sent me a copy of that letter either. Also the CCA is much 'lighter' than when I formally requested a copy previously.

Just waiting on Intrum now to decide what their next move is. I haven't heard from them since the letter of claim was issued but interestingly they viewed my credit file yesterday so it looks like they are up to something!

Fox

[Joanna Connolly Solicitors]

Exactly one month later Tesco reply to my SAR request!

Interesting to me is no mention whatsoever about Intrum or anything in the transaction log showing that the debt was assigned to them! I have a separate letter from Tesco saying they were transferring the debt to Intrum back in Jan 2020 but this is not mentioned in the SAR and they haven't sent me a copy of that letter either. Also the CCA is much 'lighter' than when I formally requested a copy previously.

Just waiting on Intrum now to decide what their next move is. I haven't heard from them since the letter of claim was issued but interestingly they viewed my credit file yesterday so it looks like they are up to something!

The plot thickens!

Is there no mention of Intrum at all in the Tesco SAR?

And is this debt showing on your CRA file with the account Defaulted in March 2016 and naming Intrum as the current owner?

Di

[F19FOX]

The plot thickens!

Is there no mention of Intrum at all in the Tesco SAR?

And is this debt showing on your CRA file with the account Defaulted in March 2016 and naming Intrum as the current owner?

Di

Happy New Year Di!

Indeed this is getting a thicker plot by the minute

I've just triple checked my SAR response from Tesco and definitely no mention whatsoever of Intrum in there.

I can also confirm my CRA files (all providers) show the Tesco account as defaulted in March 2016 with Intrum as the current owner.

Post has been delivered today but nothing further as yet from Intrum....

Fox

[Joanna Connolly Solicitors]

Happy New Year Di!

Post has been delivered today but nothing further as yet from Intrum....

Happy New Year to you too.

Judge & Priestly solicitors’ Letter of Claim response deadline expired last month so let’s see what Intrum decide to do next.

Di

[F19FOX]

Letter of Claim received today (10 days later than the date of the letter which is dated 17th March 2021) from Kearns Solicitors for one of the debts with Link. This is my account number 3 - originally Barclaycard. Niddy has previously confirmed the debt is UE.

Should I respond or sit it out and wait?

Thanks

Fox

[Warwick65]

Letter of Claim received today (10 days later than the date of the letter which is dated 17th March 2021) from Kearns Solicitors for one of the debts with Link. This is my account number 3 - originally Barclaycard. Niddy has previously confirmed the debt is UE because they did not supply a signed agreement in response to my CCA request.

Should I respond or sit it out and wait?

Thanks

Fox

If you sit it out and wait you WILL get a claim and no matter how good your defence is there is always what some call the judges lottery. I have read back and see Niddy has said this is unenforceable so this is what I would do

Send it back ticking box D - you dispute the claim. Then say they are in breach of your S78 request.

Hopefully that will make them pause


I also see you have a SAR from Barclays, if you haven't looked through it yet you might want to, specifically look for default notice date and possibly anything about assignment.

I see your last payment was Oct 16 - if the default was before then , you should be SB in Oct this year ao the game is now to try and drag it out. Remember of you don't reply you will get a claim and I know from experience just how stressful having to deal with a claim is- even when you get help.

Sorry I misread your last full payment as last payment so not sure when you actually stopped. In any event it is UE so you definitely want to reply with it is unenforceable because they are in default of your S78 request

[Warwick65]

P.S.

I can't see why the agreement is UE but I am not known for close reading of posts however - no need to tell me on the forum and unless it is irredeemably UE (i.e. more than just some missing pages that could be put right) I certainly would not give them any hints- in fact I wouldn't give them any hints anyway just say they have not complied.