Philyabootz UE diary (please help)

[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]

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

[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

[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

[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

[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

[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]

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

[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)

[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

[Spud]

A real roller coaster of emotions yes, But you are dealing with the matters as they come in, taking back the control and asserting your rights...….That has got to be a better place than allowing creditors to bully and railroad you as they do so many people - Your doing just great,

[philyabootz]

Hi all

Just thought I would provide an update on my current situation. It has been over a year now (14 months) since I joined this forum and it has been a real roller coaster of emotions since then
In summary it has now been over a year (01/08/2018) since I last paid a penny to any of the creditors

My outstanding totals are detailed as follows:


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 received 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:
12/10/18 CCA requested and letter back 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:
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)



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

[philyabootz]

Have you heard anything from Judge & Priestly Solicitors since their Letter of Claim in May this year?

This debt is owned by Intrum who are not authorised by the FCA to issue claims.

Jo explains this here >




Di

Hi Diana

Thanks for the message and update

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.."


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

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:

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

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.

Please can anyone help with what I should do next as I’m starting to lose my nerve and just agree to contact them with a payment plan??

Have you heard anything from Judge & Priestly Solicitors since their Letter of Claim in May this year?

This debt is owned by Intrum who are not authorised by the FCA to issue claims.

Jo explains this here >

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..

Di

[Joanna Connolly Solicitors]

I do have evidence yes of the £1 cheque being cashed but unfortunately dont have any tracking details or proof of posting for the CCA request

How do you know it was signed for by one of Intrum's team on 11th June 2018? I presume it was because you sent it Royal Mail Track & Trace, so even if you didn't keep the receipt or obtain any Proof of Posting from the post office, Royal Mail will have the information stored.

Royal Mail Track & Trace information is accessible for 12 months on their website, but this was just over a year ago so may not still be there.

It doesn't matter because you don't have to prove that your CCA Request was sent/received at this stage, that may only be necessary if they issued legal proceedings which hopefully won't happen.

All you need to do is tick Box D, state you dispute the debt for non-compliance with your CCA Request. Send back the form (don't complete the I & E section) with a cover letter which simply says "see enclosed" with a copy of the CCA Request stapled to it.

Try not to worry, I feel these Letter of Claim are designed to panic people into paying. I expect there was nothing in that letter to tell you to seek legal advice even though they are threatening court proceedings, but there may have been plenty of information on ways to pay.

Di