ohmygosh Diary

[ohmygosh]

Update:

ANOTHER letter from PRA, this time including a letter from Barclaycard that says:

”...regrettably, we are currently unable to fulfil your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfil your request.”

They have included a copy of the Barclaycard conditions with my name and address on from when I got the card.

The PRA letter says:

”Unfortunately, due to the age of this account they are currently unable to provide copies of your original documents. We are therefore unable to satisfy your request.”

”We have currently classified this debt as unenforceable”

Still nothing from Intrum, should I just cancel the direct debit?

Thanks

[nightwatch]

Well ,I would.
they can still ask for payment, but are unable to go to court to enforce the debt that way.?

[PlanB]

ANOTHER letter from PRA, this time including a letter from Barclaycard that says:

”we are currently unable to fulfil your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfil your request.”

The PRA letter says:

”Unfortunately, due to the age of this account they are currently unable to provide copies of your original documents. We are therefore unable to satisfy your request.”

”We have currently classified this debt as unenforceable”

You have letters from Barclaycard and PRA both of which say they can't comply with your CCA Request, and both state the debt is unenforceable.

That's a win-win situation for you and a double whammy for them

I can't really advise you what to do next, but if you carry on paying then the debt will never become Statute Barred which is the goal of forum members and it works if you read this thread > https://all-about-debt.co.uk/forum/d...ears-on/page13

Di

[ohmygosh]

Well, it's been a minute! Hope everyone is doing well.

Thought I'd log in and post an update, it looks promising, knock on wood!

PRA
I'm getting regular emails offering me a 65% discount if I want to settle, I just ignore them. I haven't been paying anything for roughly 12 months.


Intrum/Moorcroft/Halifax
I cancelled the DD around May/June last year, they initially chased and I advised that I had sent a letter and was still awaiting a response. They requested that I forward a copy electronically which I did and I haven't heard anything from them since.


I've recently moved, I presume I should contact both parties to let them know my new address? I set up a Royal Mail redirection but obviously that won't last forever. I just don't want to do anything that will reset the clock on being statue barred. Thanks!

[nightwatch]

I wouldn't worry about telling them, they will find you soon enough,

[ohmygosh]

Update:

PRA just send an occasional email offering 65% discount on settlement. Nothing to see here.


Intrum have been in touch to provide some documents, I don’t know whether that changes anything but they are now calling quite regularly.

They’ve provided all the statements, a copy of the T&Cs and a copy of what looks like the original credit agreement.

Is there an important difference between Intrum and Intrum Finance UK Limited that affects the enforceability?

Thanks

[Still Waving]

Have you sent the agreement and T&Cs to webmaster@all-about-debt.co.uk for checking? If not, email him (Niddy), heading the email 'ohmygosh CCA', attaching the documents and link back to this thread. Don't blank anything out, only Niddy will see it. He can give an opinion as to enforceability .

[ohmygosh]

Thanks Still Waving, I hadn’t done that but will do now!

Just received another letter from the legal dept threatening a CCJ.

[Colin G Quinn]

Update:

PRA just send an occasional email offering 65% discount on settlement. Nothing to see here.


Intrum have been in touch to provide some documents, I don’t know whether that changes anything but they are now calling quite regularly.

They’ve provided all the statements, a copy of the T&Cs and a copy of what looks like the original credit agreement.

Is there an important difference between Intrum and Intrum Finance UK Limited that affects the enforceability?

Thanks

Hi,

Yes. There is a difference. The correspondence you will be receiving will be from their servicer with a very very similar name. Really, that shouldn't be allowed as it gives the impression the correspondence is being sent by the alleged 'Creditor', not the servicer, and then in the footer quotes an FCA authorisation reference number.

Intrum UK Finance Limited are generally the company who claim to be the assignee of debts/credit agreements. They are not authorised to issue legal proceedings against consumers in the County Court. There is a recent post on this forum whereby they lost a case we defended on that basis, and then lost their subsequent appeal on the same issue.

That, however, does not appear to have stopped them doing so. Or at least threatening to in your case.

[Still Waving]

https://all-about-debt.co.uk/member/7514-colin-g-quinn. Why don't companies like Intrum, Arrow, Cabot etc just put their houses in order? They seem to have lost a number of cases to JCS for these reasons. Do they not learn from their mistakes?

[Roger]

https://all-about-debt.co.uk/member/7514-colin-g-quinn. Why don't companies like Intrum, Arrow, Cabot etc just put their houses in order? They seem to have lost a number of cases to JCS for these reasons. Do they not learn from their mistakes?

Its more complex than that!
All these Global Groups breakdown areas of perceived risk by creating and using Limited Companies. Buying bad debt is clearly risky especially with the threat of a deep Recession. The terms of the specific Contracts will most likely vary between DBA's and Banks.
This is such a specialist area that it requires considerable expertise! Well done to JCS for putting an awful lot of time and research into this!
I suspect that bad debts may well become even cheaper as the Recession bites from pennies in the pound to farthings! in the pound.
DCA's look for a percentage return over a package of Debts not necessarily individual DEBTS.
This is big business!

[The Tech Clerk]

well many would say not get in order as they have a chance to win,. so no giving them ideas.

[Roger]

well many would say not get in order as they have a chance to win,. so no giving them ideas.

Completely AGREE just as it best to be at the bottom of the DCA's work list! This is achieved by NOT playing letter/email/sms/phone ping pong!
SiILENCE let others occupy their time and correspondence! In the meanwhile do your research and gather the facts! A Good Diary makes for Good Decisions

[ohmygosh]

Interesting, so I guess my main question is that while it’s all well and good knowing Intrum aren’t FCA authorised etc, if they still seem intent on issuing a CCJ how do I get them to not do this?

I’ve worked really hard to get my credit rating back to a good place after it getting trashed years ago and I just can’t afford to have it wrecked again for another 6 years

[Still Waving]

Interesting, so I guess my main question is that while it’s all well and good knowing Intrum aren’t FCA authorised etc, if they still seem intent on issuing a CCJ how do I get them to not do this?

I’ve worked really hard to get my credit rating back to a good place after it getting trashed years ago and I just can’t afford to have it wrecked again for another 6 years

No creditor can issue a CCJ. They would have to take a case to court and win to get a judgment from the court. If Intrum were to issue a Letter Before Claim, then the best course would be to seek advice from JCS. It would have to be argued in court that Intrum are not authorised to make a claim.