Philyabootz UE diary (please help)

[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.

[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

[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

[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.

[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"

[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

[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

[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]

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]

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.."

[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

[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

[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

[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.."

[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,