UE Journey

[Tommy_the_cat]

Name	Tesco
Type of Account	Credit Card
Date Commenced	July 2005
Date Defaulted	December 2018
Approx Balance	£8,500
Account Owner	Intrum
Arrangement/Not paying	Not paying
Last Date paid	May 2021

1. Early Feb - CCA request sent to Intrum
2. 09 Mar 21 - Response from Intrum with a stack of papers, including the credit agreement
3. Send to Niddy for review - Considers it to be unenforceable
4. 14 Jun 21 - DD cancelled
5. 24 Jun 21 - Letter received from Intrum. "Please get in touch to talk about your outstanding balance....". Ignored.
6. 16 Jul 21 - Letter received from Intrum. "We may take legal action if you don't get in touch....." Ignored
7. 26 Jul 21 - Letter received from Intrum. "We're thinking of taking you to court. We don't want to. But, if you don't get in touch soon, we'll pass your account to our legal team. They'll consider applying for a CCJ, which could make it harder for you to borrow money in the future. They may also add court fees of £410 and solicitors costs of £100 to your balance....... Get in touch in the next 10 days...."
8. 06 Aug 21 - Letter received from Intrum. "Would you like a discount? We want to help you pay tour debt without taking you to court..... So, if you get in touch within 10 days We'll give you a discount on the amount you owe....."
9. 13 Aug 21 - Letter received from Intrum. "We're getting ready for legal action. We're planning to hand your account over to our legal team on 19/08/21. They may apply for a CCJ to demand you repay the money by a certain date....... We'd like to help you..... If you get in touch before 19/08/21, we'll try to work out a repayment plan that helps you avoid legal action".

Good morning, All. Letter received from Intrum today. Is this something I need to take any action over? Is this a letter before claim? Thanks

[The Tech Clerk]

the last letter is not letter before action!referring to 13the August entry. they are hoping you give in!

[nightwatch]

morning (just)
A letter before claim, LBC, will give you 30 days to reply, it will state that it is a letter before claim and contain quite a few sheets of paper, one with questions and tick box answers A, B,C,D,. along with an I&E form.
what you seem to have received is a before the weekend letter.
It say,s
We're getting ready, that means let's send a letter.
We're planning, not they aren going to.
They MAY apply for a CCJ, They forget to say they have to take you to court first, then they have to win and that they have to apply to the court for a CCJ after /IF they win
We'd like to, to give us some money without you finding out we may not be entitled to it.
We'll try. Oh they are trying! they will try and get you to admit the debt and pay up without them taking you to court and not winning.

Have a nice weekend, let us know what you get next x

[Tommy_the_cat]

the last letter is not letter before action!referring to 13the August entry. they are hoping you give in!

...And I ain't gonna!

[Tommy_the_cat]

morning (just)
A letter before claim, LBC, will give you 30 days to reply, it will state that it is a letter before claim and contain quite a few sheets of paper, one with questions and tick box answers A, B,C,D,. along with an I&E form.
what you seem to have received is a before the weekend letter.
It say,s
We're getting ready, that means let's send a letter.
We're planning, not they aren going to.
They MAY apply for a CCJ, They forget to say they have to take you to court first, then they have to win and that they have to apply to the court for a CCJ after /IF they win
We'd like to, to give us some money without you finding out we may not be entitled to it.
We'll try. Oh they are trying! they will try and get you to admit the debt and pay up without them taking you to court and not winning.

Have a nice weekend, let us know what you get next x

Thanks, Nightwatch. You're right - there is a lot of words without substance in that letter. It's been filed and already forgotten. No doubt they'll be back. I'll post up when that happens.

[Warwick65]

Hi

Remember if you do get a LBA you must reply because if you do, you may well see them off, if not they WILL issue a claim.

[Tommy_the_cat]

Name	Tesco
Type of Account	Credit Card
Date Commenced	July 2005
Date Defaulted	December 2018
Approx Balance	£8,500
Account Owner	Intrum
Arrangement/Not paying	Not paying
Last Date paid	May 2021

1. Early Feb - CCA request sent to Intrum
2. 09 Mar 21 - Response from Intrum with a stack of papers, including the credit agreement
3. Send to Niddy for review - Considers it to be unenforceable
4. 14 Jun 21 - DD cancelled
5. 24 Jun 21 - Letter received from Intrum. "Please get in touch to talk about your outstanding balance....". Ignored.
6. 16 Jul 21 - Letter received from Intrum. "We may take legal action if you don't get in touch....." Ignored
7. 26 Jul 21 - Letter received from Intrum. "We're thinking of taking you to court. We don't want to. But, if you don't get in touch soon, we'll pass your account to our legal team. They'll consider applying for a CCJ, which could make it harder for you to borrow money in the future. They may also add court fees of £410 and solicitors costs of £100 to your balance....... Get in touch in the next 10 days...."
8. 06 Aug 21 - Letter received from Intrum. "Would you like a discount? We want to help you pay tour debt without taking you to court..... So, if you get in touch within 10 days We'll give you a discount on the amount you owe....."
9. 13 Aug 21 - Letter received from Intrum. "We're getting ready for legal action. We're planning to hand your account over to our legal team on 19/08/21. They may apply for a CCJ to demand you repay the money by a certain date....... We'd like to help you..... If you get in touch before 19/08/21, we'll try to work out a repayment plan that helps you avoid legal action".
10. 17 Aug 21 - Letter received from Intrum. "Introducing our legal team. We're now in charge of getting a CCJ issued against you, to demand you pay the money back.... Get in touch within 10 days or we'll pass your account to our solicitors... They'll write to you explaining what you owe and giving you a last chance to pay. If you don't pay, they may apply for a CCJ.... We can still help.... Call us on.... "

Hello everyone. A new letter received from intrum. Again, more empty threats and no need for action, I believe. Can you guys please confirm that I do not need to respond? Thanks for your support.

[Warwick65]

I don't think you need to do anything but that letter is skating very close to the boundaries of what is allowed in CONC. They are not allowed to say they will get a CCJ when it is granted by a court . Saying they would get a county court claim issued is different to saying they will get a county court judgement. But maybe not worth at this point worth kicking up a fuss.

[Timewilltell]

I think an interim judgement of your own is needed here, which file to put it in?

[Still Waving]

As you said - empty threats at the moment. They're giving you 10 days before they pass to their solicitors, who will give you a final chance, after which they MAY apply for a CCJ. They have a formal procedure to comply with at that point.

Recent letters have been various threats of possible legal action, with an offer of a discount in the middle. Hmmm.

[Tommy_the_cat]

Name	Tesco
Type of Account	Credit Card
Date Commenced	July 2005
Date Defaulted	December 2018
Approx Balance	£8,500
Account Owner	Intrum
Arrangement/Not paying	Not paying
Last Date paid	May 2021

1. Early Feb - CCA request sent to Intrum
2. 09 Mar 21 - Response from Intrum with a stack of papers, including the credit agreement
3. Send to Niddy for review - Considers it to be unenforceable
4. 14 Jun 21 - DD cancelled
5. 24 Jun 21 - Letter received from Intrum. "Please get in touch to talk about your outstanding balance....". Ignored.
6. 16 Jul 21 - Letter received from Intrum. "We may take legal action if you don't get in touch....." Ignored
7. 26 Jul 21 - Letter received from Intrum. "We're thinking of taking you to court. We don't want to. But, if you don't get in touch soon, we'll pass your account to our legal team. They'll consider applying for a CCJ, which could make it harder for you to borrow money in the future. They may also add court fees of £410 and solicitors costs of £100 to your balance....... Get in touch in the next 10 days...."
8. 06 Aug 21 - Letter received from Intrum. "Would you like a discount? We want to help you pay tour debt without taking you to court..... So, if you get in touch within 10 days We'll give you a discount on the amount you owe....."
9. 13 Aug 21 - Letter received from Intrum. "We're getting ready for legal action. We're planning to hand your account over to our legal team on 19/08/21. They may apply for a CCJ to demand you repay the money by a certain date....... We'd like to help you..... If you get in touch before 19/08/21, we'll try to work out a repayment plan that helps you avoid legal action".
10. 17 Aug 21 - Letter received from Intrum. "Introducing our legal team. We're now in charge of getting a CCJ issued against you, to demand you pay the money back.... Get in touch within 10 days or we'll pass your account to our solicitors... They'll write to you explaining what you owe and giving you a last chance to pay. If you don't pay, they may apply for a CCJ.... We can still help.... Call us on.... "
11. 10 Sep 21 - Letter received from Lester Aldridge. LETTER OF CLAIM.

Good afternoon, Everyone. So, today I have received my first letter of claim. It is asking me to reply within 30 days and to complete a hefty reply form with the following sections:

1. Do you owe the debt?
2. How will you pay?
3. Do you intend to get debt advice?

Then there is an income/expenditure statement to fill out.

So, given that Niddy classes this debt as unenforceable, what should be my response? Do I tick the "I dispute the debt" box? If so, what should I write in the space headed "I dispute the debt because . . . ."? If I do go down the path of disputing and going for UE, what would be my next steps?

Thanks to all for your support

[Never-In-Doubt]

Colin G Quinn

[Never-In-Doubt]

Good afternoon, Everyone. So, today I have received my first letter of claim. It is asking me to reply within 30 days and to complete a hefty reply form with the following sections:

1. Do you owe the debt?
2. How will you pay?
3. Do you intend to get debt advice?

Then there is an income/expenditure statement to fill out.

So, given that Niddy classes this debt as unenforceable, what should be my response? Do I tick the "I dispute the debt" box? If so, what should I write in the space headed "I dispute the debt because . . . ."? If I do go down the path of disputing and going for UE, what would be my next steps?

Thanks to all for your support

Hiya - hold fire. I've asked the legal team to pop in. Don't respond to the claim yet.

[Colin G Quinn]

Hi,

You have plenty of time to respond to the letter of claim, if you so choose to do so.

You have been told the alleged agreement is unenforceable by Niddy, and I have no reason to believe that to not be the case. I am willing to look at the letter of claim you have received, along with the agreement if you wish. My email address is in my legal disclaimer below.

Ok, you have been through Intrum's long drawn out pre-action process of letter after letter, which I have mentioned previously, possibly in another thread.

This prospective Claimant is not authorised by the Financial Conduct Authority to exercise the rights duties of a lender. The Court cannot hear a CCA Claim by someone who is not a Creditor as defined by the CCA, although, admittedly, the same is a complex legal argument, and needs to be properly pleaded. The good news is that we specialise in that area of law.

As is true legal assignment which is still an issue in play.

You, absolutely under no circumstances want to remind the Claimant of any unenforceability.

Once I have seen the documents I will be better placed to advise you.

[Tommy_the_cat]

Name	Capital 1
Type of Account	Credit Card
Date Commenced	June 2006
Date Defaulted	May 2019
Approx Balance	£7,000
Account Owner	Capital 1
Arrangement/Not paying	Arrangement in Place
Last Date paid	May 2021

1. Payment plan agreed with C1 and ongoing
2. I was of the opinion that sending a CCA request for a debt not sold on would be fruitless, but Di suggest to do so anyway. To be sent this week
3. 15 June 2021 - CCA request sent
4. 16 June 2021 - Email Received. It seems to be a generic email and I assume as an immediate and automated reaction to my CCA request. "An update on your account....". "Your account has defaulted, so no interest or fees are being applied. Please continue to make any payments you can afford to reduce your balance...". "Your account could be sold to a company who specialise in working with customers who've defaulted....".
5. 15 Oct 2021 - This account has been removed from Experian and Equifax reports. I'm not sure why.

Good morning everyone. It's been rather quiet on my side recently. Possibly the calm before the storm. Looking for some advice on this account.... I have been paying directly to Capital 1 for many months now without problems. I had an alert from Experian earlier this week to say that this account has been closed and has now dropped off of the credit report (same for Experian). Am I to assume that Capital 1 have sold this debt to a DCA? I have had zero correspondence to explain this to me. What should my next action be? Do I leave the DD in place to Capital 1, or should I cancel it and see what happens? Thanks everyone!