My DMP diary

[Warwick65]

Hi, couple of updates since I was last here. The Financial Ombudsman concluded that Likely Loans T/A Oakbrook Finance did lend to me irresponsibly and as such all of the interest has been removed which has reduced my balance from over 11k to just 3k.

Regarding my Halifax loan account. This has been bought by Intrum in December 2020) previously Moorcroft were dealing with this account.

Intrum have wrote, called and sent text messages over the last few months which I have ignored, however today they have sent a letter from their legal department saying the collections team have passed my account to them because I haven't agreed a way to pay the money I owe. They go on to say that they are in charge of getting a County Court Judgement issued against me to demand I pay the money back.

They ask that I get in touch within the next 10 days or they'll pass the account to their solicitors who'll write to me explaining what I owe and giving me a last chance to pay and if I dont they may apply for a CCJ.

Should I just ignore this letter or do I need to send the letter I sent to Halifax last year asking for them to provide the CCA to prove the debt is enforceable?

Thanks in advance

Debbie

It looks to me as if they are threatening you with the possibility of a letter of claim

Can you point us to exactly which debt this is

[d_mcl85]

It's on the first page of this thread, 5th one down, Halifax Peronal Loan for £7317

[Warwick65]

So just to check

You sent a CCA request to halifax and received nothing in return?

Can you show you sent and they received the request? Usually that is with a proof of delivery print out from the post office

If the answer to that is yes then I am not sure you should send another CCA request just yet - Halifax are in default which makes it unenforceable ; however if you receive a letter of claim that might be a different ballgame. It is always a matter of opinion on these things, in the old days I would probably have sent a CCA to Intrum , just now I am not so sure.

[Roger]

"..
10.02.20 CCA request sent to Halifax
11.02.20 CCA request signed for
.."

But of course Intrum couldn't know this because they haven't be informed!
With the Diary entries the AAD Way is to update them with new entries and or when letters are received etc..
Default Notice etc.. and the Assignment to Intrum with dates.

AAD have a Letter SWID [Sold While In Dispute] - for cases like this!
You have a signature for the CCA request.

[Warwick65]

I agree a SWID is probably the right thing for now but I was asking if the cca could be proved. Not everyone keeps the receipts from the post office or indeed the POD print out. While these things aren't important now they may become important later on and how further actions go may depend on the answers. I believe the SWID letter is in AAD+ which not everyone has access to (Just when we need Aaron Swartz).

[d_mcl85]

I have checked my certificates of postings but this particular one I cant find, however, I have put a couple of the other tracking numbers in to Royal Mail and it appears they no longer show the signatures online, information on Google suggests they are only kept for 12 months, I didnt know this. I never thought of printing out a copy, I just assumed they'd be there if I needed them.

Should I just send off a new CCA request to Intrum?

I will go through the letters I've received and update the entries, though some I didn't keep as they were just asking me to contact them so I binned them. Do I need to keep every single letter I receive?

Thanks

[Roger]

Don't send a CCA S.78 £1 to Intrum!

Nobody is asking you for evidence at the moment of that CCA to Halifax.
I presume you have the Post Office receipt and tracking details! Because of the clear dates you have already supplied.
That's enough.

Send the SWID [Sold Whilst In Dispute] The Royal Bank Of Scotland/Lloyds/Halifax was and is confusing!
Addresses all over the place! THAT ISN'T YOUR PROBLEM and it can be to your advantage.

Its up to Intrum frankly how or what they intend next!
Keep this simply and terse. Sit on your Hands.
Stay with your Diary details. Yes save ALL correspondence!!

[d_mcl85]

I cant find the certificate of posting with the tracking details for this account. I have got them for the other accounts but I think what's happened is I removed this one from where I kept them all to check what address I sent it to and I must not have put it back with the others and now I can't find it.

I will send the sold whilst in dispute letter still then if they ask me to prove I sent and they received the CCA request I guess ill have to send another CCA request then.

[d_mcl85]

How to I become an AAD+ member so I can use the sold whilst in dispute template?

[Roger]

I cant find the certificate of posting with the tracking details for this account. I have got them for the other accounts but I think what's happened is I removed this one from where I kept them all to check what address I sent it to and I must not have put it back with the others and now I can't find it.

I will send the sold whilst in dispute letter still then if they ask me to prove I sent and they received the CCA request I guess ill have to send another CCA request then.

BUT you have the address and the dates including the date of signature
YOU CAN ALWAYS ASK POST OFFICE!!!
They will have the records even if they nolonger show these on the web site!
Its HALIFAX's problem not yours!
Intrum and Halifax to sort out , lets hope it takes them months!!!
Tactics are a part of AAD!!

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..

PlanB AAD+ Templates?

[d_mcl85]

I tried to access templates on here but it came up with a message saying i am not authorised to view the page.

I have found the proof of posting receipt with the tracking number.

I have got all correspondence out relating to all my accounts so I will go through the entries on here and update them this week but in the meantime I have found the notice of assignment Halifax sent me dated 30/12/20, the address on the letter is
Lloyd's Banking Group
Pitreavie Business Park
Queensferry Road
Dunfermline
KY99 4BS

Should I send the sold whilst in dispute letter to that address or the one I sent the CCA request to?

Thanks

[Roger]

I tried to access templates on here but it came up with a message saying i am not authorised to view the page.
I have found the proof of posting receipt with the tracking number.
I have got all correspondence out relating to all my accounts so I will go through the entries on here and update them this week but in the meantime I have found the notice of assignment Halifax sent me dated 30/12/20, the address on the letter is
Lloyd's Banking Group
Pitreavie Business Park
Queensferry Road
Dunfermline
KY99 4BS

Should I send the sold whilst in dispute letter to that address or the one I sent the CCA request to?

Thanks

Well done!

The Law with the CCA S.78 plus £1 request is that the debit is Unenforcible whilst this is outstanding!
So from 11.02.20 (when CCA received) right up until 30.12.20 thats 10 months NO CCA
Halifax sold the disputed(CCA Request) Debt (assigned) with this outstanding
SWID ".. you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved..."

So you don't give Intrum the oppurtunity to correct this by raising a new CCA S.78 plus £1 with them!!

You send the SWID to INTRUM Recorded Delivered Proof of Postage.
SEND NOTHING TO HALIFAX!!!

Then SILENCE!
Report back here whatever Intrum send or do!

We all appreciate Lockdown etc.. BUT the CCA Law is a Postal service of these CCA Documents.

[d_mcl85]

Great advice, thanks very much.

I am going to be moving home in the next few weeks so its likely any response will be sent after I have moved. I will probably get my mail redirected with royal mail so their response should come to my new address but I'll only get it redirected for a few months so do I then just wait for them to track me down at my new address or do I need to tell them? I was thinking of just putting one of their letters back in the post box after I have moved with a note on saying "no longer at this address".

[Roger]

Great advice, thanks very much.
I am going to be moving home in the next few weeks so its likely any response will be sent after I have moved. I will probably get my mail redirected with royal mail so their response should come to my new address but I'll only get it redirected for a few months so do I then just wait for them to track me down at my new address or do I need to tell them? I was thinking of just putting one of their letters back in the post box after I have moved with a note on saying "no longer at this address".

You just have to watch addresses and change of addresses.

Your new address will normally be on any Credit Reference Agency books.
Especially for instance if you have a MOB contract because these appear on CRA's reports.

The danger is a CCJ by default (sent to an Old address! and not seen or contested by you)

The SWID letter throws the problem back to Intrum and there will no doubt be a flurry of correspondence between them and Lloyd's Bank Group.
SWID followed by Silence is AAD tactic. Silence means the Statute Bar Clock is ticking!!

[d_mcl85]

Sorry to be a pain but what is an MOB contract? So am I best telling them I've moved so I don't end up with a CCJ in by default if I am unable to contest anything they send.