Philyabootz UE diary (please help)

[Joanna Connolly Solicitors]

Hi Diana

I have just emailed Intrum back with the following message after they wrote again stating account passed to legal team and will look to pursue "letter before claim" in accordance with the formal legal process (civil procedures rules-pre action protocol) the County Court Claim

My email stated :

Hello

I have 2 accounts with Intrum Ref :

xxxxxxxx - Tesco CC £1533.95

xxxxxxxx - Tesco Loan £23151.73

On the 7th June 2018 I wrote to you reference both of the above accounts asking for copies of the original credit agreements and full breakdown of the accounts including charges and interest added (PDF attached as record)

The letter was sent recorded delivery to you (RH2 7JP) and signed for by one of your team on 11th June 2018

You have responded to the account ref xxxxxxxx with associated paperwork dated 07/09/2018 (thanks)

You have never complied with my request however to send the CCA agreement for account ref xxxxxxxx

I know you received the request request as they were requested by me in the same envelope!!

Under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the original agreement and statement of account

I will await your response in writing along with the CCA as requested above

Kind Regards

Phil


Does this all sound ok?

Well, if you'd asked me before you sent the email I would have advised you to keep the two debts separate in correspondence.

Always remember that anything you write (letter or email) has the potential to be disclosed in court, so bundling the two debts together in your email means a DJ who may see it in evidence would know that you have more than one debt which could colour his opinion of you. Annoyingly DJs sometimes see Defendants as "debt-avoiders" especially if they are made aware of others debts which are not directly related to the claim they are deciding.

You also say that Intrum haven't written to you about the £23k debt since January but have been chasing you for the smaller one. I don't know why that would be but if they had (temporarily) forgotten about the big one, your email has just reminded them.

I'm sure no harm has been done, but it's best not to combine these debts in correspondence from now on.

If you get a response to your latest email then post on your Diary before you reply.

(I've removed the account details from your post which could identify you.)

Di

[philyabootz]

If you sent your s 77-79 CCA Request to Intrum by Recorded Delivery what does the Royal Mail website (Track & Trace) say about it being delivered and signed for (usually with a downloadable copy of the signature, printed name and time etc.) ?

Di

Hi Diana

I have just emailed Intrum back with the following message after they wrote again stating account passed to legal team and will look to pursue "letter before claim" in accordance with the formal legal process (civil procedures rules-pre action protocol) the County Court Claim

My email stated :

Hello

I have 2 accounts with Intrum Ref :

xxxxxxxx - Tesco CC £1533.95

xxxxxxxx - Tesco Loan £23151.73

On the 7th June 2018 I wrote to you reference both of the above accounts asking for copies of the original credit agreements and full breakdown of the accounts including charges and interest added (PDF attached as record)

The letter was sent recorded delivery to you (RH2 7JP) and signed for by one of your team on 11th June 2018

You have responded to the account ref xxxxxxxx with associated paperwork dated 07/09/2018 (thanks)

You have never complied with my request however to send the CCA agreement for account ref xxxxxxxx

I know you received the request request as they were requested by me in the same envelope!!

Under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the original agreement and statement of account

I will await your response in writing along with the CCA as requested above

Kind Regards

Phil


Does this all sound ok?

I presume as the other debt held by Intrum is deemed by Niddy enforceable, I should hold of paying this back for as long as as possible?

I find it unusual that they are chasing me constantly for a debt of £1500 but they haven't wrote to me at all since Jan 19 for a debt of £23,000?

Thanks

[Warwick65]

When no signature shows up on the tracking , I make a complaint to the post office and every time they have been able to provide proof of delivery

[The Tech Clerk]

you will no doubt get a letter regarding your request from Intrum so you know they received i.e:- for years now some Recorded delivery letter do not show signature but correspondence refers to such, at least the Post Office gave you a receipt keep safe. be honest over a period of 25 years I recon at least 1 in 5 is a no signature show yet they all made it<

[Joanna Connolly Solicitors]

Hi Diana

I wasn't sure if they had received my original request even though I sent it via recorded delivery.

If you sent your s 77-79 CCA Request to Intrum by Recorded Delivery what does the Royal Mail website (Track & Trace) say about it being delivered and signed for (usually with a downloadable copy of the signature, printed name and time etc.) ?

Di

[philyabootz]

Why have you sent another CCA Request if they have not complied with your original CCA Request and are therefore in default?

Or have I misunderstood your post?

Di

Hi Diana

I wasn't sure if they had received my original request even though I sent it via recorded delivery.

Is there a template letter I could send saying that I will not commit to paying any balance back until the CCA request has been responded to?

I suppose I just didn't want to just ignore there threatening letters without taking any action

Hope this makes sense

Thanks

Phil

[Joanna Connolly Solicitors]

Is it wth me contacting them again with another CCA request seen as they ignored my last request?

Why have you sent another CCA Request if they have not complied with your original CCA Request and are therefore in default?

Or have I misunderstood your post?

Di

[philyabootz]

Think they are putting the cart before the horse there,

1st they have to send you a Letter before claim, giving you 30 days to reply, ask for docs (or not). then they have to reply and give you another 30 days to reply to that,
2nd they have to take you to court and win, with the onus on win, they cannot just apply for an attachment of earnings.

so there is a long way to go before anything happens,

Plus we have a Di, and we know she will help if needed.

Many thanks for the reassurance

Is it wth me contacting them again with another CCA request seen as they ignored my last request?

Im not sure where I stand with the debt being UE?

Thanks

[Joanna Connolly Solicitors]

Plus we have a Di, and we know she will help if needed.

This is true - we’re always happy to help

Di

[nightwatch]

Think they are putting the cart before the horse there,

1st they have to send you a Letter before claim, giving you 30 days to reply, ask for docs (or not). then they have to reply and give you another 30 days to reply to that,
2nd they have to take you to court and win, with the onus on win, they cannot just apply for an attachment of earnings.

so there is a long way to go before anything happens,

Plus we have a Di, and we know she will help if needed.

[philyabootz]

Hello

What makes you think this debt is enforceable?

I haven't read back through your thread but did you send Intrum or the original creditor (Tesco Finance?) a formal s 77-79 CCA Request at some point?

And have you been given a valid opinion of the documents they produced (if any)?

Have you received a Letter of Claim from Intrum?

Di

Hi Diana thanks for the reply

I did send Intrum a CCA Request in June 2018 but I have had no response to this

As they have not produced any documents I can't ask for opinion on UE

The last letter I have received from Intrum dated 22/04/2019 stated "your account will shortly be passed to legal department to consider county court proceedings" "an application to your employer to deduct money from your salary if you do not comply with the order for payment"

Please help

Thanks

[Joanna Connolly Solicitors]

can I have some opinions on next steps

Intrum Group £1533

Originally Tesco Credit Card

Not sure if Enforceable

On 12/04/2019 Intrum group wrote to me stating that are considering county court proceedings

Hello

What makes you think this debt is enforceable?

I haven't read back through your thread but did you send Intrum or the original creditor (Tesco Finance?) a formal s 77-79 CCA Request at some point?

And have you been given a valid opinion of the documents they produced (if any)?

Have you received a Letter of Claim from Intrum?

Di

[philyabootz]

Hi please can I have some opinions on next steps and advice from the 2 very recent letters received from Intrum :




Intrum Group £1533

Originally Tesco Credit Card

Not sure if Enforceable

On 12/04/2019 Intrum group wrote to me stating that are considering county court proceedings


“ “regrettably we are considering whether we should refer your account to our internal legal department to initiate County Court proceedings against you. In doing so cost could be added onto your balance”



Intrum Group £23151

Originally Tesco Loan

It is according to Niddy enforceable


On 15/04/2019 Intrum group have wrote to me asking if I’m experiencing financial difficulties and referred me to companies such as National debtline and step change

[philyabootz]

Hi please can I have some opinions on next steps and advice from the 2 very recent letters received from Intrum :




Intrum Group £1533

Originally Tesco Credit Card

Not sure if Enforceable




On 12/04/2019 Intrum group wrote to me stating that are considering county court proceedings




“ regrettably we are considering whether we should refer your account to our internal legal department to initiate County Court proceedings against you. In doing so cost could be added onto your balance”







Intrum Group £23151

Originally Tesco Loan

It is according to Niddy enforceable




On 15/04/2019 Intrum group have wrote to me asking if I’m experiencing financial difficulties and referred me to companies such as National debtline and step change

[philyabootz]

Hi guys

Summary Update with my 2 creditors PRA group and Intrum group

PRA group acknowledged my complaint re harassment calls on 7th December. They gave me 30 days grace to contact them via email phone or letter to sort payment plan. I didn't do this and as of today 22/3/2019 I have heard nothing from them either by any contact method

Intrum group who I haven't heard anything from in a while have wrote on 22nd December 2018 to say they placing both my accounts on hold for 60 days until I contact them to arrange payment plan. They have asked me to contact them within 14 days. I didn't do this and as of today 22/3/2019 I have heard nothing from them either by any contact method

Thanks

Phil



PRA Group £8247

· Originally Barclaycard not Egg or Goldfish
· Type of account credit card
· Date original CCA commenced May 1999
· Sold to PRA 13/12/2017
· Date last paid to PRA 01/08/2018 £130.59 via Stepchange
· Date last payed full contractual amount: Feb 2017 via Stepchange
· PPI No

Notes:

June 2018 CCA requested and original signed agreement from 1999 has been produced from Barclaycard

28/07/18 Niddy @admin deems it UE...Niddy stated there "weren't complete terms accompanying the agreement, containing described terms" and is still UE in his opinion

29/11/18 Harassment by telephone letter sent to PRA group due to dozens of calls but no correspondence in writing

07/12/18 PRA wrote to say acknowledged complaint and account frozen for 30 days. Have asked me to contact them to arrange payment plan

11/03/2019 Email recieved from PRA saying they will accept a full settlement of 90% of the total debt - £7423

22/03/2019 No contact since letter on 07/12/2018 (above)


PRA Group £5800

· Originally MBNA
· Type of account Plat credit card
· Date original CCA commenced August 2016
· Sold to PRA December 17
· Date last paid to PRA 01/08/2018 £92.72 via Stepchange
· Date last payed full contractual amount: Feb 2017 via Stepchange
· PPI No

Notes:

CCA requested and letter back (12/10/18) to state debt is currently unenforceable

29/11/18 Harassment by telephone letter sent to PRA group due to dozens of calls but no correspondence in writing

07/12/18 PRA wrote to say acknowledged complaint and account frozen for 30 days. Have asked me to contact them to arrange payment plan

22/03/2019 No contact since letter on 07/12/2018 (above)


Intrum Group £23151

· Originally Tesco Loan
· Type of account: Loan
· Date original CCA commenced Jan 2014 (Restructured from original Tesco loan started from Feb 2012)
· Sold to 1st Credit (now Intrum) 26/01/2018
· Date last paid to Intrum 01/08/2018 £158.88 via Stepchange
· Date last payed full contractual amount: Feb 2017 via Stepchange
· PPI No

Notes:

CCA requested 07/06/18

CCA full paperwork sent by Intrun group (07/09/2018)

20/10/2108 Niddy: Sadly this is enforceable. It’s just too new.
Things from 2015 are likely to be better than older accounts

29/11/2018 No calls/emails/letters from Intrun since CCA paperwork sent in Sept 18

20/12/2018 - Account on hold for 60 days. They have stated I have 14 days to contact them to arrange a repayment plan

22/03/2019 No contact since letter on 20/12/2018 (above)


Intrum Group £1533

· Originally Tesco Credit Card
· Type of account: Credit Card
· Date original CCA commenced Feb 2011 I think
· Sold to 1st Credit (now Intrum) 26/01/2018
· Date last paid to Intrum 01/08/2018 £24.81 via Stepchange
· Date last payed full contractual amount: Feb 2017 via Stepchange
· PPI No

Notes:

CCA requested 07/06/18 No response but the £1 cheque for CCA has been cashed

Last communication 08/02/18 stating they had taken over the debt

20/12/2018 - Account on hold for 60 days. They have stated I have 14 days to contact them to arrange a repayment plan

22/03/2019 No contact since letter on 20/12/2018 (above)