Sara2 UE Diary

[Still Waving]

"Intrum legal department ( 1st Credit) sent me threat before action and

I sent formal letter before action on the 10th of July"


Can I just clarify - As you saying that Intrum sent you a formal Letter of Claim, enclosing a Questionnaire which asked in Section 1 whether you admit the debt/part of the debt/don't know/dispute the debt?
Precisely what letter did you send on 10 July? Was it based on current advice from AAD?

[sara2]

"Intrum legal department ( 1st Credit) sent me threat before action and

I sent formal letter before action on the 10th of July"


Can I just clarify - As you saying that Intrum sent you a formal Letter of Claim, enclosing a Questionnaire which asked in Section 1 whether you admit the debt/part of the debt/don't know/dispute the debt?
Precisely what letter did you send on 10 July? Was it based on current advice from AAD?

I don't think it has questionnaire but letter from their solicitors, I will check the letter and see exactly later when I get home if it has questionnaire or not.

I sent formal before action template from here but not from advice, I think I shouldn't have as this is overdraft I had CC with them too

[Joanna Connolly Solicitors]

Hi All I need help with the following please

For the above account HSBC required signature in order to produce the request back then.
They asked me to go to a branch and sign there which I didn't. It went quite for years ( I moved addresses) now in less than a year it will SB

Intrum legal department ( 1st Credit) sent me threat before action and

I sent formal letter before action on the 10th of July

They replied on 8/08/2018 with

1. notice of assignment sent to you by the orginal creditor
2. notice of assignment sent to you by Intrum
3.statements of duration of account
4. The current account terms and conditions in force in the time the account was opened
5 The current account terms and conditions in force in the time the account was terminated
6. the final demand sent to you by original creditor

in relation to your request of a copy of the agreement in the matter, we would inform yo that the debt relates to an account overdraft and is therefore exempt under part V of the consumer act 1974

Letter on the 10/09 I have 14 days before they take legal action.

What do I send now?

Do you mean Intrum have instructed solicitors or is this letter from their (Intrum) in-house legal team?

If it's a Letter Before Claim it would say so at the beginning of the letter and would also contain several pages of documents for you to complete (or not) including Box A - D to tick etc. You would then be given 30 days to respond.

From what you describe this latest letter doesn't sound like a LBC so check to be sure.

However you say you were sent a Letter Before Action back in July but I can't find anything on your diary about this. You then say you sent a response to that letter in July so this could be Intrum's response to your response.

You say that you had a credit card with HSBC as well as a current account (in another post today). HSBC had/have a habit of amalgamating accounts before they are sold to a debt purchaser with a new reference number. Does the amount they're chasing and any reference number ring any bells with you? Is the amount on the Notice of Assignment the same as your overdraft or more than your overdraft?

If it was partly a credit card then s 77-78 CCA would still apply and if they've not complied with your CCA Request then they may have a problem.

You say your last payment was in November 2012 so this debt could be nearing Statute Barred (depending on when it was defaulted and/or whether it's two accounts rolled into one). So you need to tread carefully.

They sent you some documents in August, so did you send those to Niddy for an opinion at the time?

Sorry for all the questions but I'm just trying to establish the facts so as to be able to point you in the right direction

Di

[sara2]

Hi All,

Sorry for the confusion I will upload the letter but the latest was their reply to my request. I will upload their pre- action protocol letter and I asked for information. Then they send the above letter will I will upload too.

[sara2]

Do you mean Intrum have instructed solicitors or is this letter from their (Intrum) in-house legal team?

If it's a Letter Before Claim it would say so at the beginning of the letter and would also contain several pages of documents for you to complete (or not) including Box A - D to tick etc. You would then be given 30 days to respond.

From what you describe this latest letter doesn't sound like a LBC so check to be sure.

However you say you were sent a Letter Before Action back in July but I can't find anything on your diary about this. You then say you sent a response to that letter in July so this could be Intrum's response to your response.

You say that you had a credit card with HSBC as well as a current account (in another post today). HSBC had/have a habit of amalgamating accounts before they are sold to a debt purchaser with a new reference number. Does the amount they're chasing and any reference number ring any bells with you? Is the amount on the Notice of Assignment the same as your overdraft or more than your overdraft?

If it was partly a credit card then s 77-78 CCA would still apply and if they've not complied with your CCA Request then they may have a problem.

You say your last payment was in November 2012 so this debt could be nearing Statute Barred (depending on when it was defaulted and/or whether it's two accounts rolled into one). So you need to tread carefully.

They sent you some documents in August, so did you send those to Niddy for an opinion at the time?

Sorry for all the questions but I'm just trying to establish the facts so as to be able to point you in the right direction

Di

Hi,

I haven't updated my diary regularly so that is the confusion.
The overdraft amount is more than what I had in my diary
So this debt initially in 2012 I sent letter to Hsbc , They send me we need your signature to reply, I ignored them, and then moved address now this 1st credit are chasing me for it. I have been to courts twice, and I noticed they might be more serious and not just the usual threat. I didn't send anything to Niddy, they didn't send me anything it is statements which are not original, and letter of default from HSBC to my old address, their communications and TOS.
They are saying as it is over draft it is not covered
It is not credit card, I had two accounts with HSBC overdraft and credit card.

[The Tech Clerk]

Do you love their letter heads "LEGAL DEPARTMENT" probably 3rd drawer down, that threat seen is a very old style used decades ago to frighten people to contact pay - if they continued you nearly always found letters from proper outside solicitors etc

[sara2]

Do you love their letter heads "LEGAL DEPARTMENT" probably 3rd drawer down, that threat seen is a very old style used decades ago to frighten people to contact pay - if they continued you nearly always found letters from proper outside solicitors etc

Hi, I don't understand, so that not a real threat of court action? what do I send next? Any advice?

[The Tech Clerk]

Diana Mayhew should pop in = my point was alot of letters in early stages are debt chasing letters, in alexandre sloane No 1/2/3/4/5/6/ etc etc years ago we sent out (I was once a Tally Man),after which may in some csaes pass to outside (rent a solictors letters) before they decide real action. as far as sending things to Niddy we say a copy of any CCA1974 for checking

[Still Waving]

Hi, I don't understand, so that not a real threat of court action? what do I send next? Any advice?

The first letter you uploaded refers to the Pre Action Protocols, and says they enclosed the information sheet and questionnaire. I think this needs to be taken seriously, and I expect Di will probably be looking back in to let you have her thoughts.