Philyabootz UE diary (please help)

[Joanna Connolly Solicitors]

I have today received a county court claim form from Intrum dated 18/03/2020

I have attached the edited version of the letter on this post and emailed Di directly for advice

I have replied to your email and removed the claim form from your previous post to protect your identity.

Di

[philyabootz]

Hi all

I have today received a county court claim form from Intrum dated 18/03/2020

I have attached the edited version of the letter on this post and emailed Di directly for advice

Please advise me on what to do next as I’m getting a bit anxious about it all

Many Thanks

[philyabootz]

Intrum wouldn't issue/serve a Default Notice - that should come from the original creditor prior to termination of the account and any assignment.

However Intrum would need to evidence that a compliant DN had been issued (by Tesco).

None of this makes any difference to the fact that Intrum do not have FCA authorisation to issue legal proceedings.

Di

Ok thanks Di

I’ll update the forum and email you if/when I receive the next communication from Intrum or their legal team

Thanks

Phil

[Joanna Connolly Solicitors]

I have checked and cannot find any default notice being issued to me by Intrum. I have however found a copy of the original default notice issued to me by Tescos on 07/03/2017.

The last time I made a payment to Tesco for this Credit Card was 28th December 2016 for £105.80. After that I stopped making any repayments to this card direct to Tesco’s and went via Stepchange in March 2017 at an agreed rate of £21.09pm

It was in the same month March 2017 that Tesco issued the default notice to me

Intrum wouldn't issue/serve a Default Notice - that should come from the original creditor prior to termination of the account and any assignment.

However Intrum would need to evidence that a compliant DN had been issued (by Tesco).

None of this makes any difference to the fact that Intrum do not have FCA authorisation to issue legal proceedings.

Di

[philyabootz]

A compliant Default Notice is critical if Intrum want to succeed in court (if things get that far).

I also can't see when you last made the full contractual payment to Tesco i.e. the minimum amount due for that month not any agreed reduced payments via a StepChange DMP.

Di

Hi Di

I have just replied to your email in full (thanks for sending)

In summary to your points and to the benefit of this thread...

I have checked and cannot find any default notice being issued to me by Intrum. I have however found a copy of the original default notice issued to me by Tescos on 07/03/2017.

The last time I made a payment to Tesco for this Credit Card was 28th December 2016 for £105.80. After that I stopped making any repayments to this card direct to Tesco’s and went via Stepchange in March 2017 at an agreed rate of £21.09pm

It was in the same month March 2017 that Tesco issued the default notice to me

Thanks

[Joanna Connolly Solicitors]

I can’t remember receiving a default date or notice but will happily go through all correspondence to confirm if required?

A compliant Default Notice is critical if Intrum want to succeed in court (if things get that far).

I also can't see when you last made the full contractual payment to Tesco i.e. the minimum amount due for that month not any agreed reduced payments via a StepChange DMP.

Di

[philyabootz]

^ ^ ^ this is the debt which Judge & Priestly solicitors have sent you a second Letter of Claim (posted on Valentines Day I note).

I've look at your account history on this thread, and I can't see anything about a Default date, or a Default Notice being served on you. It's not mentioned in the Letter of Claim which you uploaded in post # 132.

Have you received your SAR response from Tesco Finance?

(I've replied to your email )

Di

It was the only letter I received too on Valentine’s Day too ?

I have replied to your email thanks

I can’t remember receiving a default date or notice but will happily go through all correspondence to confirm if required?

SAR paperwork has been received yes

Many Thanks

Phil

[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·
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

^ ^ ^ this is the debt which Judge & Priestly solicitors have sent you a second Letter of Claim (posted on Valentines Day I note).

I've look at your account history on this thread, and I can't see anything about a Default date, or a Default Notice being served on you. It's not mentioned in the Letter of Claim which you uploaded in post # 132.

Have you received your SAR response from Tesco Finance?

(I've replied to your email )

Di

[philyabootz]

Hello

Feel free to email me using di@joannaconnollysolicitors.co.uk.

In the meantime I’ll take a peek back at the history of this debt on your thread.

Di

Thanks Di I will send you across an email with the details now whilst you look over the notes

Thanks again

Phil

[Joanna Connolly Solicitors]

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

Hello

Feel free to email me using di@joannaconnollysolicitors.co.uk.

In the meantime I’ll take a peek back at the history of this debt on your thread.

Di

[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?

[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]

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

[philyabootz]

[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