Fieldy618's diary

[Joanna Connolly Solicitors]

Intrum finance debt added to my diary:

Halifax
Account started 16/12/13
Defaulted 27/04/18
Remaining balance £572
Intrum bought the debt

CCA request sent 4th May to Intrum. Intrum emailed me late May to say they have requested the documentation. Heard nothing since.

I've replied to your PM.

I'll look through your Diary tomorrow.

Di

[Joanna Connolly Solicitors]

Intrum finance debt added to my diary:

RBS
Account started 09/06/14
Defaulted 27/04/18
Remaining balance £1100
Intrum bought the debt

CCA request sent 4th May to Intrum. Intrum emailed me late May to say they have requested the documentation. Heard nothing since.

May I just check whether you sent your CCA Request by post with the £1 statutory fee?

I ask because you’ve posted that Intrum have responded by email (for both of the debts they own).

Di

[Fieldy618]

May I just check whether you sent your CCA Request by post with the £1 statutory fee?

I ask because you’ve posted that Intrum have responded by email (for both of the debts they own).

Di

Hi,

Yes, I sent 2 £1 postal orders to cover both accounts and have kept a copy of the CCA request. They acknowledged receipt of the requests via email.

Thanks

[Joanna Connolly Solicitors]

I sent 2 £1 postal orders to cover both accounts and have kept a copy of the CCA request. They acknowledged receipt of the requests via email.

Good.

That was in May so this means those two debts are currently unenforceable until or unless they do comply with your CCA Requests.

Di

[Fieldy618]

Thanks for the responses all, would you advise that I stop my debt management plan with Stepchange and stop paying PRA and Moorcroft then if they cannot provide the appropriate CCA request and just focus on the smaller debt I have with Capital One?
Unsure if it's something anyone would know about but would stopping payment to these two have an adverse impact on my credit score?

Thanks in advance

[Joanna Connolly Solicitors]

if it's something anyone would know about but would stopping payment to these two have an adverse impact on my credit score?

I can't say whether ceasing payments would have a negative effect on your overall credit score, but you've posted on your thread that these accounts were Defaulted in 2017/18, so those Defaults will remain on your credit file for six years (i.e. until 2023/24) which will definitely damage your credit score until then.

Di

[nightwatch]

Hi Fieldy, we are back up and running. hope all is well with you.

[Joanna Connolly Solicitors]

would you advise that I stop my debt management plan with Stepchange and stop paying PRA and Moorcroft then if they cannot provide the appropriate CCA request and just focus on the smaller debt I have with Capital One?

It looks as if some (if not all) of these debts may be unenforceable if you've not received credit agreements (and other information) in response to your CCA Requests sent in May.

I can also see that a couple have been assigned to Intrum who do not have FCA authorisation which might add another string to your bow if they decide to issue legal proceedings.

Jo explains the significance of 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..

Are you still paying StepChange or have you taken back control of your debts?

Di

[Fieldy618]

It looks as if some (if not all) of these debts may be unenforceable if you've not received credit agreements (and other information) in response to your CCA Requests sent in May.

I can also see that a couple have been assigned to Intrum who do not have FCA authorisation which might add another string to your bow if they decide to issue legal proceedings.

Jo explains the significance of this here >





Are you still paying StepChange or have you taken back control of your debts?

Di

Hi,

I've received two letters from Moorcroft stating both accounts have been put on hold while they investigate.

I'm still unsure about what to do about the PRA debt as they obviously seem to think the debt is enforceable as they sent me the reconstituted copy of my credit agreement. I've sent them an F&F offer so I'm waiting to see what they say to that.

Yes, I've cancelled my management plan with Stepchange

[Joanna Connolly Solicitors]

I'm still unsure about what to do about the PRA debt as they obviously seem to think the debt is enforceable as they sent me the reconstituted copy of my credit agreement. I've sent them an F&F offer so I'm waiting to see what they say to that.

Yes, I've cancelled my management plan with Stepchange

PRA may think the credit agreement is enforceable, but that's not the same thing as the documents being enforceable in court!

It's like playing poker - the winner is usually the one who kept a straight face

Was your offer to PRA headed Without Prejudice?

Good news about StepChange if that's what you want.

Di

[Colin G Quinn]

Hi Fieldy618,

If a debt purchaser is having to rely on a 'reconstituted' credit agreement that was allegedly entered into as recently as 2015, and has already been assigned, then I'd say its a pretty big indicator that there are issues with the original, if any such original ever existed.

Generally debt purchasers will say they are relying on a reconstitution because a copy of the original isn't available owing to the passage of time. What is the excuse here as it certainly can't be the passage of time?

I don't think a judge would be too impressed with an argument that 5 years is too long to expect a banking institution to hold on to a copy of an original credit agreement, when the limitation period alone is 6 years.

[Fieldy618]

PRA may think the credit agreement is enforceable, but that's not the same thing as the documents being enforceable in court!

It's like playing poker - the winner is usually the one who kept a straight face

Was your offer to PRA headed Without Prejudice?

Good news about StepChange if that's what you want.

Di

Yes it was, I used the Nationaldebtline template.

I guess I'll just wait to see what I hear back from both CapitalOne and PRA.

[Fieldy618]

Hi Fieldy618,

If a debt purchaser is having to rely on a 'reconstituted' credit agreement that was allegedly entered into as recently as 2015, and has already been assigned, then I'd say its a pretty big indicator that there are issues with the original, if any such original ever existed.

Generally debt purchasers will say they are relying on a reconstitution because a copy of the original isn't available owing to the passage of time. What is the excuse here as it certainly can't be the passage of time?

I don't think a judge would be too impressed with an argument that 5 years is too long to expect a banking institution to hold on to a copy of an original credit agreement, when the limitation period alone is 6 years.

I think my only worry with it is that I think I applied for it online so I guess I would have signed an online agreement. In that case, would the reconstituted agreement cover this or would they still have to provide a copy of my online signature agreement?

Thanks.

[Colin G Quinn]

If it was an online agreement then there is even less excuse for reliance on a reconstitution as surely an online agreement in 2015 would simply be saved in Barclays contemporaneous case management records.

It may be worth considering issuing a GDPR request straight to Barclays.

I have been dealing with a number of cases recently whereby debt purchasers are attempting to rely on what they say is a reconstituted copy of the original credit agreement. However, responses received from original lenders to GDPR requests have confirmed things such as no copy of any agreement exists, has been lost or contains errors/missing sections.

In fact, I am dealing with one case whereby Barclays GDPR response has disclosed a letter which Barclays themselves have sent to the debt purchaser claimant, informing the claimant they cannot comply with Section 78 of the Consumer Credit Act 1974 as they don't hold any terms and conditions.

[Fieldy618]

If it was an online agreement then there is even less excuse for reliance on a reconstitution as surely an online agreement in 2015 would simply be saved in Barclays contemporaneous case management records.

It may be worth considering issuing a GDPR request straight to Barclays.

I have been dealing with a number of cases recently whereby debt purchasers are attempting to rely on what they say is a reconstituted copy of the original credit agreement. However, responses received from original lenders to GDPR requests have confirmed things such as no copy of any agreement exists, has been lost or contains errors/missing sections.

In fact, I am dealing with one case whereby Barclays GDPR response has disclosed a letter which Barclays themselves have sent to the debt purchaser claimant, informing the claimant they cannot comply with Section 78 of the Consumer Credit Act 1974 as they don't hold any terms and conditions.

Thanks for the advice. I've seen a GDPR request template on Data requests.org, would you advise sending this to Barclays?

Thanks in advance.