Lola girl UE diary...newbie!

[Lola girl]

• Type of account: Tesco Credit Card
• Date commenced: 24/3/2007
• Approx balance: £3,900
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 10.10.18
• Account owner: Intrum Uk Finance Ltd

CCA request - letter received to say they would not comply as I had not included my signature

15/8/19 I have not sent them a signature and have cancelled the StepChange payment. Have sent them a signature not required letter.

30/8/19 letter received acknowledging my complaint (wasn’t aware I’d made one!). No mention of CCA. Filed away.

2/9/19 phone call from Tesco complaints team - they acknowledge that a signature is not required for CCA. CCA will be sent out within 30 days. Advised that as now currently UE I will not be making further payments at present.

5/9/19 original true copy of credit agreement, terms and conditions and a statement received from Tesco. Will send over to Niddy for checking.

6/9/19

Good documents received considering the age of this one. Niddy says enforceable.

27/01/20 Intrum carried out a search on my credit record
30/01/20 letter from Tesco saying they have assigned the account to Intrum UK Finance Limited
30/01/20 letter from Intrum Uk Finance Limited confirming that they have purchased the account on 16/01/20 with information on how to set up payments directly to them...filed and ignored
11/03/20 letter from Intrum asking me to contact them within 10 days or to access online account to set up a monthly payment schedule...filed and ignored
23/03/20 letter from Intrum - We may take legal action if you don't get in touch which may affect your credit score (not sure how!). They kindly sent me an income form to complete. Filed and ignored
31/03/20 letter from Intrum - we are thinking of taking you to court. We don't want to but are considering applying for a county court judgement, they may also add court fees of £185 and solicitors costs of £80. If I am affected by Coronavirus I can contact them. No let up from them in current health / economic crisis! Filed and ignored.
10/4/20 letter from Intrum - would you like a discount? We want to help you to pay without taking you to court. Filed and ignored.
20/4/20 letter from Intrum - we’re getting ready for legal action. Your account will be handed to the legal team on 30/4/20. May apply for a CCJ and ask court for an attachment of earnings order and a charging order. Filed and ignored
7/5/20 letter from Intrum - dated 1st May. Headed from the Legal Department. This team are in charge of getting a CCJ against me. They have given me until 11th May to contact them prior to application for CCJ/ solicitors costs and court fees. Filed and ignored.
11/9/20 - letter from Intrum, they regret I haven’t been in touch. Account on hold for 10 days then passes to solicitors for Letter before Claim. Filed and ignored.
30/10/20 received letter of claim from Lester Aldridge on behalf of Intrum. Copy sent to Di for some advice as this is enforceable.
06/11/20 long chat with the lovely Di regarding the Intrum letter of claim and Tesco docs (and their enforceability!), still have a couple of weeks to reply. SAR sent to Tesco in the meantime.
5/12/20 SAR documents received from Tesco. Did not reply to the letter of claim in November.
6/1/21 annual statement received from Intrum
13/1/21 Intrum have carried out 2 searches on my credit file.
20/1/21 Claim received from Intrum

No surprise. Letter of claim received from Intrum today. Di I will email it across to you and hopefully we can chat this week to determine the way forward.
thanks...Lola x

[Joanna Connolly Solicitors]

these two searches yesterday were soft searches so will not affect my file as such. Just wondered if it was any pre curser to proceeding with a claim after their LBA before Xmas.

I don't have a mindreading skills so I can't say why Intrum searched your file, but if they do issue a claim you know where to find me

Also read this post by Jo since Intrum don't have FCA authorisation which could cause them a problem or two if they decide to issue legal proceedings >

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.

Di

[Warwick65]

Soft searches, as you say are not seen by others. I suspect it is checking your address so that if they do issue a claim they can show they have done all they can to double check your address. I have loads of soft searches on my credit file, every time I enquire about insurance or even use credit karma's card search lots appear.

[Lola girl]

Just to clarify they did a hard search on my file a year ago which fit in with the time they were assigned....these two searches yesterday were soft searches so will not affect my file as such. Just wondered if it was any pre curser to proceeding with a claim after their LBA before Xmas.

[ca71]

The penalty! for bad debt is this 5/6 years mark against your Credit Report!
But I seriously question the intent of a DBA raising HARD searches after the 5/6 years and especially where Debt had fallen off! so to speak.
Is it an attempt to restart or prolong the Statute Bar clock I wonder? Provoking complaints (which admit the debt?)
If on the other hand this is being used to deliberately DAMAGE your CREDIT (the HARD search I believe remains for 2 years on record) this I suggest is a matter for the Regulator to stamp on!
I would be interested on others thoughts and experiences here!

https://ico.org.uk/your-data-matters/credit/#file

What should I do if my credit file is inaccurate?


If your credit file is inaccurate, you can raise your concerns with the relevant CRA you obtained your file from. However, the problem may lie with the original lender or organisation that supplied the CRA with the information so you will need to contact them instead.

If you have contacted the CRA and the original lender and there is an obvious inaccuracy which they are unwilling to correct then you may wish to make a complaint to the ICO. Please note that it's not our role to decide on financial disputes.


I don't think its a matter of accuracy. They would appear to be unlawfully undertaking searches.

[Roger]

Interestingly though I don’t even know if they are legally allowed to do it given you are not applying to them for credit and more importantly given they are neither offering credit nor legally permitted to collect debt ??

The penalty! for bad debt is this 5/6 years mark against your Credit Report!
But I seriously question the intent of a DBA raising HARD searches after the 5/6 years and especially where Debt had fallen off! so to speak.
Is it an attempt to restart or prolong the Statute Bar clock I wonder? Provoking complaints (which admit the debt?)
If on the other hand this is being used to deliberately DAMAGE your CREDIT (the HARD search I believe remains for 2 years on record) this I suggest is a matter for the Regulator to stamp on!
I would be interested on others thoughts and experiences here!

[Timewilltell]

Interestingly though I don’t even know if they are legally allowed to do it given you are not applying to them for credit and more importantly given they are neither offering credit nor legally permitted to collect debt ??

[Timewilltell]

Nope, it’s just so there’s a record on your file for other potential creditors to see, I guess they do it in the hope that it’ll pee you off and make moving forward harder for you. I find that it doesn’t bother me as I live without credit these days, so might send them a thank you note next time for keeping me disciplined in the art of cash living.

[Lola girl]

• Type of account: Tesco Credit Card
• Date commenced: 24/3/2007
• Approx balance: £3,900
• Date last paid: Aug 2018
• Are you on arrangement: DMP
• Status: Default 10.10.18
• Account owner: Intrum Uk Finance Ltd

CCA request - letter received to say they would not comply as I had not included my signature

15/8/19 I have not sent them a signature and have cancelled the StepChange payment. Have sent them a signature not required letter.

30/8/19 letter received acknowledging my complaint (wasn’t aware I’d made one!). No mention of CCA. Filed away.

2/9/19 phone call from Tesco complaints team - they acknowledge that a signature is not required for CCA. CCA will be sent out within 30 days. Advised that as now currently UE I will not be making further payments at present.

5/9/19 original true copy of credit agreement, terms and conditions and a statement received from Tesco. Will send over to Niddy for checking.

6/9/19

Good documents received considering the age of this one. Niddy says enforceable.

27/01/20 Intrum carried out a search on my credit record
30/01/20 letter from Tesco saying they have assigned the account to Intrum UK Finance Limited
30/01/20 letter from Intrum Uk Finance Limited confirming that they have purchased the account on 16/01/20 with information on how to set up payments directly to them...filed and ignored
11/03/20 letter from Intrum asking me to contact them within 10 days or to access online account to set up a monthly payment schedule...filed and ignored
23/03/20 letter from Intrum - We may take legal action if you don't get in touch which may affect your credit score (not sure how!). They kindly sent me an income form to complete. Filed and ignored
31/03/20 letter from Intrum - we are thinking of taking you to court. We don't want to but are considering applying for a county court judgement, they may also add court fees of £185 and solicitors costs of £80. If I am affected by Coronavirus I can contact them. No let up from them in current health / economic crisis! Filed and ignored.
10/4/20 letter from Intrum - would you like a discount? We want to help you to pay without taking you to court. Filed and ignored.
20/4/20 letter from Intrum - we’re getting ready for legal action. Your account will be handed to the legal team on 30/4/20. May apply for a CCJ and ask court for an attachment of earnings order and a charging order. Filed and ignored
7/5/20 letter from Intrum - dated 1st May. Headed from the Legal Department. This team are in charge of getting a CCJ against me. They have given me until 11th May to contact them prior to application for CCJ/ solicitors costs and court fees. Filed and ignored.
11/9/20 - letter from Intrum, they regret I haven’t been in touch. Account on hold for 10 days then passes to solicitors for Letter before Claim. Filed and ignored.
30/10/20 received letter of claim from Lester Aldridge on behalf of Intrum. Copy sent to Di for some advice as this is enforceable.
06/11/20 long chat with the lovely Di regarding the Intrum letter of claim and Tesco docs (and their enforceability!), still have a couple of weeks to reply. SAR sent to Tesco in the meantime.
5/12/20 SAR documents received from Tesco. Did not reply to the letter of claim in November.
6/1/21 annual statement received from Intrum
13/1/21 Intrum have carried out 2 searches on my credit file.

Any idea why they might be searching my credit file? Would it be to check where I live etc as I’ve not replied to their LBC or maybe to see what else I owe?

[Joanna Connolly Solicitors]

Thanks Di for your reassuring words. I’ve had Covid for 2 weeks so it’s been the last thing on my mind anyway. Hope you and all the lovely members have a wonderful Christmas and here’s to a better 2021!

I'm so sorry to hear you've been ill.

I wish you a speedy recovery and hope you're being looked after.

Best wishes for Christmas and a better 2021.

Take Care

Di

[Lola girl]

This may mean that Intrum don't have the credit agreement or any other necessary documentation in their possession if they decide to issue legal proceedings, notwithstanding the fact they are not FCA authorised.

Your CCA Request was to Tesco not Intrum.

Let me know if Lester Aldridge issue a claim, but put this out of your mind for now.

Di

Thanks Di for your reassuring words. I’ve had Covid for 2 weeks so it’s been the last thing on my mind anyway. Hope you and all the lovely members have a wonderful Christmas and here’s to a better 2021!

[Joanna Connolly Solicitors]

Hi Di - I have received the SAR from Tesco. Same credit agreement as I had previously, copy of correspondence and a list of account actions. No correspondence between them and Intrum, or any assignment notices included though. No follow up on the letter of claim as yet.

lola x

This may mean that Intrum don't have the credit agreement or any other necessary documentation in their possession if they decide to issue legal proceedings, notwithstanding the fact they are not FCA authorised.

Your CCA Request was to Tesco not Intrum.

Let me know if Lester Aldridge issue a claim, but put this out of your mind for now.

Di

[Lola girl]

Let me know if either or both of those things happen

Di

Hi Di - I have received the SAR from Tesco. Same credit agreement as I had previously, copy of correspondence and a list of account actions. No correspondence between them and Intrum, or any assignment notices included though. No follow up on the letter of claim as yet.

lola x

[Joanna Connolly Solicitors]

Thanks Di - I shall ignore and see if they issue a claim! Will let you know once the SAR comes back from Tesco.
lola x

Let me know if either or both of those things happen

Di

[Lola girl]

And sometimes those un obvious things are a deliberate attempt to fool you.

No need to reply to that Letter of Claim from Lester Aldridge solicitors.

Di

Thanks Di - I shall ignore and see if they issue a claim! Will let you know once the SAR comes back from Tesco.
lola x