Philyabootz UE diary (please help)

[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.

[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

[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]

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]

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]

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

[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<

[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

[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

[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]

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

[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]

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

[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

[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