Philyabootz UE diary (please help)

[Joanna Connolly Solicitors]

Hi Diana

Does the point raised above "Joanna Connolly" apply to my debt being sought by Intrum of £23k which was deemed by Niddy as enforceable?

Looking at your post history you've had no contact from Intrum since September 2018. Is that correct?

The enforceability of the credit agreement is only one factor in determining whether a debt owner has any likely prospects of winning in court.

I'm pleased to say

Di

[philyabootz]

Looking at your post history you've had no contact from Intrum since September 2018. Is that correct?

The enforceability of the credit agreement is only one factor in determining whether a debt owner has any likely prospects of winning in court.

I'm pleased to say

Di

Hi Di

The last official contact that I had from Intrum on the main debt was "account on hold for 60 days letter" sent in December 2018

Please let me know your opinion on this scenario given the lack of contact?

Here are my thread notes below :

Thanks as ever

Phil

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:
07/06/18 CCA requested
07/09/18 CCA full paperwork sent by Intrun group
20/10/18 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)

[philyabootz]

Hi everyone

In the last few days I have received a letter from Intrum Group containing the initial cca agreement and terms. It has been 18 months since I asked for this originally (see notes below)

I have sent email to allaboutdebt webmaster FAO Niddy to get his opinion on it being enforceable

I am doubtful on this due to me not having signed the CCA agreement just put a tick in a box via their online application re signature

Any advice on this message would be appreciated

Thanks

Phil


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:
Not sure if enforceable

Notes :

08/02/18 Intrum wrote stating they had taken over the debt

07/06/2018 CCA requested No response but the £1 cheque for CCA has been cashed
20/12/2018 - Account on hold for 60 days. They have stated I have 14 days to contact them to arrange a repayment plan
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
21/05/2019 Intrum wrote that, as they have been able to contact me they have engaged the services of Judge & Priestley LLP and transferred the debt to them
21/05/2019 Judge & Priestley LLP letter received in compliance with the pre action protocol on debt claims. They basically state I need to complete their forms within 30 days and if I don’t reply they will send me to court and add the costs of this onto my debt.Interestingly the letter does state if you require a copy of the agreement (presumably they mean CCA), our client will request it from the original creditor and send it to you on request
14/06/2019.I have not received any form of communication verbal or written from Judge & Priestley or Intrum since I replied to their request with :".. tick Box D on the Letter of Claim Reply Form to say you dispute the debt, and also state non compliance with your s77/78 CCA Request.."
07/11/2019 Intrum have to me wrote with the following enclosed : signed copy of original agreement, true copy of the terms and condition in force at time the account was terminated, statements for the duration of the account.
11/11/2019 emailed Niddy asking for opinion on the above correspondence dated 07/11/19

[Roger]

Whilst awaiting Niddy's response I draw your attention to @Di entry in your Diary dated

20th September 2019, 10:49

Originally posted by Joanna Connolly View Post
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..

[philyabootz]

Whilst awaiting Niddy's response I draw your attention to @Di entry in your Diary dated

20th September 2019, 10:49

Originally posted by Joanna Connolly View Post
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..

Thanks Roger

That’s interesting to learn that about Intrum

I wonder if there have been many cases since that post of people like me using that legal argument against them ?

Thanks

Phil

[Warwick65]

I may have misinterpreted what you were saying but from 2005 a tick box on an online application form is enough to make the agreement enforceable however there is a lot more to it than that. In the CCA request they should have sent
1) A copy of the agreement you would have signed at the time (we know they do not always do this)
2) A set of terms and conditions that were in force when you took out the loan
3) A set of terms and conditions (if different) when the loan defaulted
4) A signed statement of the outstanding balance (this does not gave to be a full statement just something along the lines of On xx/xx/xx the outstanding balance was £xxxxxx)


As this is such a large amount it is well worth keeping in touch with Di

[Joanna Connolly Solicitors]

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·


08/02/18 Intrum wrote stating they had taken over the debt

07/06/2018 CCA requested No response but the £1 cheque for CCA has been cashed

. . . .

21/05/2019 Intrum wrote that, as they have been able to contact me they have engaged the services of Judge & Priestley LLP and transferred the debt to them
21/05/2019 Judge & Priestley LLP letter received in compliance with the pre action protocol on debt claims. They basically state I need to complete their forms within 30 days and if I don’t reply they will send me to court and add the costs of this onto my debt.

. . . .

14/06/2019.I have not received any form of communication verbal or written from Judge & Priestley or Intrum since I replied to their request with :".. tick Box D on the Letter of Claim Reply Form to say you dispute the debt, and also state non compliance with your s77/78 CCA Request.."
07/11/2019 Intrum have to me wrote with the following enclosed : signed copy of original agreement, true copy of the terms and condition in force at time the account was terminated, statements for the duration of the account.
11/11/2019 emailed Niddy asking for opinion on the above correspondence

Has Niddy given you his opinion on the enforceability (or not) of the credit agreement Intrum produced over a year after you sent them your s77-79 CCA Request?

You previously had a Letter of Claim from Judge & Priestly solicitors so have they contacted you again since documents have been produced?

Now would be a good time for you to send a Subject Access Request to Tesco to see what information and data they hold in their files.

You have another debt with Tesco so the SAR will kill two birds with one stone

Di

[philyabootz]

Has Niddy given you his opinion on the enforceability (or not) of the credit agreement Intrum produced over a year after you sent them your s77-79 CCA Request?

You previously had a Letter of Claim from Judge & Priestly solicitors so have they contacted you again since documents have been produced?

Now would be a good time for you to send a Subject Access Request to Tesco to see what information and data they hold in their files.

You have another debt with Tesco so the SAR will kill two birds with one stone

Di

Hi Di thanks for the message

Niddy did come back to me a couple of days ago and confirmed the debt was sadly enforceable in his opinion

I have now had a letter from Legal Department dated the 10/12/2019. It says they have had no reply from me or third party since their letter dated 07/11/2019. In light of this they now give me 14 days notice from date of letter to instruct their solicitors to commence court proceedings

Please advice what I should do next?

Is there a set form I should use for the SAR to Tesco for the 2 debts?

Many thanks

Phil

[philyabootz]

Has Niddy given you his opinion on the enforceability (or not) of the credit agreement Intrum produced over a year after you sent them your s77-79 CCA Request?

You previously had a Letter of Claim from Judge & Priestly solicitors so have they contacted you again since documents have been produced?

Now would be a good time for you to send a Subject Access Request to Tesco to see what information and data they hold in their files.

You have another debt with Tesco so the SAR will kill two birds with one stone

Di

Update:

SAR Request has been sent to Tesco and will await reply

Still no update from Intrum re their 14 day limit before issuing of court proceedings letter

Thanks

[Joanna Connolly Solicitors]

Still no update from Intrum re their 14 day limit before issuing of court proceedings letter

Whatever Intrum decide to do next (or not) won't alter the fact that they do not have FCA authorisation to issue court claims

Di

[philyabootz]

Whatever Intrum decide to do next (or not) won't alter the fact that they do not have FCA authorisation to issue court claims

Di

Thanks for the heads up...

Will keep you all posted on what happens next

Thanks

[philyabootz]

[philyabootz]

Hi all please see the uploaded letter above I today received from Intrum solicitors : Judge and Priestley

Do I sit tight and ignore it knowing they haven’t got FCA authorisation to issue court claim (see Di post) or do I reply to this?

Many thanks

Phil

[Warwick65]

Well it’s definitely a letter of claim. I’m not sure if they are so silly to issue a claim.

Hopefully Di will look in but you have time to respond in any case

[philyabootz]

Well it’s definitely a letter of claim. I’m not sure if they are so silly to issue a claim.

Hopefully Di will look in but you have time to respond in any case

Many thanks do you know how to tag Di in a post so she sees it?