Philyabootz UE diary (please help)

[Roger]

Thanks Roger for the reply

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

Thanks

Phil

We all understand the worries and tensions with Debts.

The Cheque was banked by the Payee wasn't it!
If they banked the cheque the must have received the letter that it was posted with!

Don't over think this keep it simple.

".. 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]

Di's
"..You say you sent a s 77/78 CCA Request on 7th June 2018. Who did you send that to - was it Halifax of was it Intrum?
If you've had no response to your CCA Request which was sent over a year ago then the debt would be unenforceable. Did you send your request by Royal Mail Recorded Delivery and have you got the proof of posting/Track & Trace?
This means you could 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 as the reason for your dispute.
.."

My understanding is do you have evidence of £1 and delivery? Answer YES you do!
BUT DON'T DO THEIR HOMEWORK FOR THEM!

So ALL YOU NEED TO DO IS TICK box D
State NON COMPLIANCE WITH S77/78 REQUEST

".. 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.."

Save a copy for yourself and send recorded delivery!

Thanks Roger for the reply

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

Thanks

Phil

[Roger]

Di mentioned to send a original cost of CCA request with the reply

Should I mention " The letter was sent recorded delivery to Inrum (RH2 7JP) and signed for by one of their team on 11th June 2018. I also have proof that the letter was received by Intrum as the cheque I enclosed for £1 was cashed in by the group"

Thanks

Di's
"..You say you sent a s 77/78 CCA Request on 7th June 2018. Who did you send that to - was it Halifax of was it Intrum?
If you've had no response to your CCA Request which was sent over a year ago then the debt would be unenforceable. Did you send your request by Royal Mail Recorded Delivery and have you got the proof of posting/Track & Trace?
This means you could 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 as the reason for your dispute.
.."

My understanding is do you have evidence of £1 and delivery? Answer YES you do!
BUT DON'T DO THEIR HOMEWORK FOR THEM!

So ALL YOU NEED TO DO IS TICK box D
State NON COMPLIANCE WITH S77/78 REQUEST

".. 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.."

Save a copy for yourself and send recorded delivery!

[philyabootz]

do not encourage them to find paperwork, if they see a letter like that or similar they tend to think you are very worried and ready to be worn down for their own gains/profits - name for them id "Leaches"

Di mentioned to send a original cost of CCA request with the reply

Should I mention " The letter was sent recorded delivery to Inrum (RH2 7JP) and signed for by one of their team on 11th June 2018. I also have proof that the letter was received by Intrum as the cheque I enclosed for £1 was cashed in by the group"

Thanks

[philyabootz]

I wouldn’t send the letter. All the advice that I have seen is to send a basic response. Just follow what Di wrote.

Di mentioned to send a original cost of CCA request with the reply

Should I mention " The letter was sent recorded delivery to Inrum (RH2 7JP) and signed for by one of their team on 11th June 2018. I also have proof that the letter was received by Intrum as the cheque I enclosed for £1 was cashed in by the group"

Thanks

[The Tech Clerk]

do not encourage them to find paperwork, if they see a letter like that or similar they tend to think you are very worried and ready to be worn down for their own gains/profits - name for them id "Leaches"

[cymruambyth]

I wouldn’t send the letter. All the advice that I have seen is to send a basic response. Just follow what Di wrote.

[philyabootz]

You say you sent a s 77/78 CCA Request to Intrum on 7th June 2018.

If you've had no response to your CCA Request which was sent over a year ago then the debt would be unenforceable. Did you send your request by Royal Mail Recorded Delivery and have you got the proof of posting/Track & Trace?

This means you could 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 as the reason for your dispute.

Enclose a copy of your original CCA Request with the reply.

Di

Hi Di

Thanks for the response

Here is my proposed covering letter to send back to the legal team along with selecting box D which disputes the debt :

09/06/2019

Intrum Ref:xxxxx - Tesco CC £1533.95

Hello

On the 7th June 2018 I wrote to Intrum asking for a copy of the original credit agreement (77/78 CCA request) and full breakdown of the accounts including charges and interest added. I have attached a printout of my request as proof.

The letter was sent recorded delivery to Inrum (RH2 7JP) and signed for by one of their team on 11th June 2018. I also have proof that the letter was received by Intrum as the cheque I enclosed for £1 was cashed in by the group

Intrum have never complied with my request to send the CCA agreement for account ref xxxxxx. I have obtained legal advice and as I have received no response to my 77/78 CCA request the debt is now deemed unenforceable

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


Kind Regards

Xxxxxx


For reference I haven't got the tracked postage or proof of postage for the CCA request but I have got evidence from my bank account that Intrum cashed the cheque for the request

Please let me know if you think the above is all ok to send

If anyone else can offer any assistance or guidance then please post

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
. . . . . .

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 . . .

You say you sent a s 77/78 CCA Request to Intrum on 7th June 2018.

If you've had no response to your CCA Request which was sent over a year ago then the debt would be unenforceable. Did you send your request by Royal Mail Recorded Delivery and have you got the proof of posting/Track & Trace?

This means you could 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 as the reason for your dispute.

Enclose a copy of your original CCA Request with the reply.

Di

[cymruambyth]

As NW has said, get in touch with Di to review your situation before replying. It is daunting when you you receive one of those letter, unfortunately I have received them and even though I know what is happening it is scary until you have spoken to someone who knows all the rules! There will be a lot of different factors that could influence your decision, so try not to worry.

[nightwatch]

Hi. As this is is a legal matter may I suggest you email Di, who may be able to point you in the correct direction.
each claim is different so best to check.
NW

[philyabootz]

This is true - we’re always happy to help

Di

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??

Thanks Phil

[philyabootz]

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.

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??

Thanks Phil

[Warwick65]

Hi
I think a motto of, never put anything in an email you would not be happy to be placed in front of a Judge a good policy. I only wish I had had that advice before I sent some of my, shall we say, more colourful letters in the past. I have been fortunate that non have reached court but I can think of at least two why the phrase 'would you talk to your mother with that mouth' comes to mind.

Not my personal finest hours

[philyabootz]

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 saw 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 of they are 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 then post on your Diary before you reply.

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

Di

Thanks for the reply Diana

I had a no idea a simple email reply could have those kind of implications.

I will indeed run any future response on this forum before sending direct to debt agency...lesson learned

Thanks also for removing personal details

I will let you know once/if they reply back