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  • #91
    Hello,
    I have received a letter back from Intrum in response to my SWID letter.
    The letter says "we enclose a copy of your signed credit agreement, and statements. The letter further says;

    In accordance with your request, the statement of account is as follows -:

    (a) the total sum paid under the agreement by the consumer - £5,973.95
    (b) the total sum which has become payment under the agreement by the consumer but remains unpaid and the various amounts comprised in that total sum with the date when each became due £7,218.49
    (c) the total sum which is to become payable under the agreement by the consumer and the various amounts comprised in that total sum with the date or mode of determining the date when each becomes due - £7,218.49

    This fulfills our obligations under section 77 of the Consumer Credit Act 1974.

    We would request that you contact us within 14 days to arrange payment of your outstanding account.

    There was no credit agreement or statements enclosed, just a single sheet of paper with the above written on that I have typed out here.

    Should I write back to them informing them that there was no credit agreement or statements enclosed with the letter? Or will they know they haven't enclosed them because they probably don't actually have them and couldn't obtain them from Halifax and are just trying to make me think they do have them.

    Thanks


    Comment


    • #92
      "..
      30/12/2020 Letter received from Intrum informing me that Intrum UK Finance Limited became the legal owner of the balance on 7/12/2020. Notice if assignment from Halifax also enclosed
      .."

      Originally posted by Colin G Quinn View Post
      Hi,
      You won't find Intrum UK Finance Limited on the FCA register, as they are not authorised by the FCA to exercise the rights and duties of a lender.
      Intrum UK Limited are on the FCA register, but they are not the same company as Intrum UK Finance Limited, who are the company who actually issue the Claims against consumers, or purchase accounts from original creditors. If you search the Companies House website, you will see they are separate.
      So as you can see "Intrum UK Finance Limited" are not FCA authorised (make a note for yourself!)

      ".. There was no credit agreement or statements enclosed, just a single sheet of paper with the above written on that I have typed out here. .."

      Itrum obviously know what they have sent doesn't fulfil S.77/78

      File and wait and see what they write or send next and post here!

      Comment


      • #93
        Well until they do send them the account is UE, but we don't want to tell them that.
        they are probably aware that they have not sent all the doc's but hope you don't understand what it is you need to get off them.

        I once received a letter saying they enclose all documents requested, it contained a complement slip, and a request for payment.
        I sent a spec saver voucher
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #94
          Thanks Roger and Nightwatch for the useful information.

          I have filed it and will see what comes next

          Comment


          • #95
            Hello, I have a query regarding my Halifax loan account. Approx a year gone August I got a letter saying they had mis calculated interest on the account and they were refunding approx £31, I cant find the letter so I must have binned it as it said I didn't need to do anything as it would come off the balance.
            last week I got a letter saying that due to an error they hadn't applied the refund and as an apology they were sending me a cheque for £50. The cheque has arrived today but I dont feel comfortable paying it in my account incase they can use it against me since I'm not paying the loan anymore.
            whats peoples thoughts on this, anyone had anything similar?
            Thanks

            Comment


            • #96
              they sent it so bank it.
              it is compensation for their mistake, you can cash it in, no problem.
              NW

              p.s mine's a G&T ice and slice
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #97
                Originally posted by d_mcl85 View Post
                Hello, I have a query regarding my Halifax loan account. Approx a year gone August I got a letter saying they had mis calculated interest on the account and they were refunding approx £31, I cant find the letter so I must have binned it as it said I didn't need to do anything as it would come off the balance.
                last week I got a letter saying that due to an error they hadn't applied the refund and as an apology they were sending me a cheque for £50. The cheque has arrived today but I dont feel comfortable paying it in my account incase they can use it against me since I'm not paying the loan anymore.
                whats peoples thoughts on this, anyone had anything similar?
                Thanks
                But it is also an admission that any default notice figures were wrong! Where Debt has been sold then its also evidence that the Debt/Account figures were wrong!
                So keep this letter BANK the monies!

                Comment


                • #98
                  Thanks Nightwatch and Roger. I guess I was over thinking it and getting confused about whether I'm ignoring everything so I don't admit that I owe the debt and whether cashing the cheque would be me admitting the debt.

                  G&T good choice

                  Comment


                  • #99
                    Just looking back at this Halifax Debt

                    You haven't entered any reference to a Default Notice from Halifax before this 30/12/2020 Assignment?
                    Was there every a Default Notice?

                    "..
                    30/12/2020 Letter received from Intrum informing me that Intrum UK Finance Limited became the legal owner of the balance on 7/12/2020. Notice if assignment from Halifax also enclosed
                    .."

                    Intrum letter your Diary entry 23 August 2021, 13:28 and various figures! which they say are S.77 but again a set of figures! Don't know whether THESE ARE THE SAME as the ASSIGNED BALANCE as at 7/12/2020.

                    last week (OCT 2021) I got a letter saying that due to an error they hadn't applied the refund !
                    SO THEY HAVE ADMITTED THAT THESE PRIOR FIGURES
                    7/12/2020 ASSIGNED
                    AND
                    ALLEGED S.70 your entry 23 August 2021 MUST BE WRONG!


                    This shows the importance of a Good Diary!!

                    Now I am curious as to this Halifax Loan of 2010 and a Credit Card that was clearly much earlier!
                    Was this Loan by chance a Consolidation Loan for other existing Debts with Halifax?

                    Comment


                    • Sorry Roger I must have missed the above post back in Oct and just seen it now when I have logged on to update the Halifax account with the Letter of Claim I have received from Wedlake Bell on behalf of Intrum UK Finance Limited.

                      I dont recall receiving a default notice from Halifax. If I did receive one I may have got rid of it.

                      You are right, the figures must be wrong.

                      It probably would have been a consolidation loan. I didnt have any other reason to take out a loan at that time.

                      Comment


                      • Originally posted by d_mcl85 View Post
                        Sorry Roger I must have missed the above post back in Oct and just seen it now when I have logged on to update the Halifax account with the Letter of Claim I have received from Wedlake Bell on behalf of Intrum UK Finance Limited.

                        I dont recall receiving a default notice from Halifax. If I did receive one I may have got rid of it.

                        You are right, the figures must be wrong.

                        It probably would have been a consolidation loan. I didnt have any other reason to take out a loan at that time.
                        Letter Of Claim
                        Contact Colin G Quinn with a cross reference to this diary. Initial contact is free!
                        For advice as how best to proceed!
                        Tactics here are important and you should draw attention to the points which have been highlighted.

                        Comment


                        • Hi d_mcl85 ,

                          I have received your message via email.

                          If you would like to email me the letter of claim you have received my email address is in my legal disclaimer below and I'd be happy to take a look at it. Then one of us will get back to you.

                          Our initial advice is always free.



                          Legal Disclaimer

                          I am a Litigation Executive at
                          Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • Originally posted by d_mcl85 View Post
                            Oakbrook Finance LTD/Likely Loans
                            • Type of account - Personal Loan
                            • Date commenced - April 2018
                            • Approx balance - £12,083.60
                            • Date last 'full' payment - July 2018
                            • Date of last payment - Feb 2020
                            • Arrangement - DMP
                            • Status - Arrears
                            • Account owner - Oakbrook Finance
                            25.1.20I Uunaffordable/irresponsible lending complaint made

                            3.2.20 - Likely loans confirmed receipt of complaint and aim to respond within 8 weeks.

                            10.02.20 SAR made

                            11.02.20 CCA request made

                            12.02.20 CCA signed for

                            20.02.20 CCA received along with information they hold in relation to the SAR made (application details, statements of account, temporary arrangement to pay letters and notice of sum in arrears)

                            20.03.20 Final response received from Likely Loans/Oakbrook Finance LTD to my irresponsible lending complaint they are not upholding the complaint.

                            6.04.2020 Irresponsible lending complaint escalated to the FOS

                            9.05.2020 Acknowledgement received from FOS

                            15.05.2020 Default notice received from Likely Loans dated 11th May 2020.

                            November 2020 FOS upheld my complaint, all interest has been removed from the balance owed and negative information removed from credit files.

                            November 2020 - November 2022 - Paying £50 per month to Oakbrook Finance T/A Likely Loans.

                            11 November 2022 - Received email from ACI stating that Oakbrook Finance Ltd, trading as Likely Loans has sold the account to Perch Capital Limited who have appointed ACI UK Ltd to manage the account on their behalf. With effect from 28.10.2022 Oakbrook Finance has assigned all of their rights, title, interest and benefits to Percha Capital.
                            Updated, should I continue to pay the £50 a month to ACI or should I send them a CCA request to see if it will be unenforceable?

                            Comment


                            • Originally posted by d_mcl85 View Post

                              Updated, should I continue to pay the £50 a month to ACI or should I send them a CCA request to see if it will be unenforceable?
                              Do not send a CCA request to ACI. You did a SAR to Oakbrook in 2020, and the info they returned included the Credit Agreement and Terms and Conditions ? Did you send those to the webmaster at the time for an opinion as to enforceability?

                              Comment

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