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  • #91
    If Intrum intend to issue legal proceedings then under Pre-Action Protocol they should send your daughter a Letter of Claim giving her 30 days to respond.

    From what you describe that letter is not a formal Letter of Claim.

    Now would be a good time for her to send a Subject Access Request to Lloyds for this debt which Niddy has said is unenforceable. That way she'll be prepared if they decide to issue a claim.

    Di
    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 di@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


    • #92
      Thanks ... we can do that.. do we send it to lloyds or Intrum as they have bought the debt?
      If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

      Comment


      • #93
        Originally posted by Susiebling365 View Post
        we can do that.. do we send it to lloyds or Intrum as they have bought the debt?
        The SAR goes to Lloyds.

        Post up if/when you hear from Intrum again.

        Di
        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 di@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


        • #94
          okay... think I got it, I just have to discuss with daughter, she goes into panic mode lol. Just read the blog by Jo.. interesting!
          If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

          Comment


          • #95
            Originally posted by Susiebling365 View Post
            Just read the blog by Jo.. interesting!

            Yes it is, so I'll quote it here in case anyone else has missed it >

            Originally posted by Joanna Connolly View Post
            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.
            Originally posted by Joanna Connolly View Post
            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..
            Link to thread > https://all-about-debt.co.uk/forum/d...inance-limited

            Di
            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 di@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


            • #96
              Good evening

              Daughter come home to this letter I have attached from Intrum. The way its worded has put her in a tizzy. Am I correct in thinking they need something like a sold whilst in dispute letter?

              Thanks SusieB
              If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

              Comment


              • #97
                Originally posted by Susiebling365 View Post
                Daughter come home to this letter I have attached from Intrum. The way its worded has put her in a tizzy. Am I correct in thinking they need something like a sold whilst in dispute letter?

                Can you signpost me to the history of this debt please.

                Any advice, help, options need to be based on available facts.

                Di
                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 di@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


                • #98
                  https://all-about-debt.co.uk/forum/d...lings-daughter

                  Its the LLoyds one on page 1 of this thread...Think i have done that link properly ?

                  I think this is just maybe the usual threat letter? but my daughter werritts, and the tone is different. So want to be sure, The Intrum thread is reassuring and I have sent SAR request. I just need to be sure and do I have to send Intrum something.

                  Thanks Di
                  If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                  Comment


                  • #99
                    Originally posted by Susiebling365 View Post
                    Re: UE Diary of Susieblings Daughter


                    Lloyds Credit card

                    Type : Credit Card
                    Started: 1998 ..
                    Balance; Jan 2017 £3480.66
                    Payments: Up to date and making the minimum payment
                    January 26th sent CCA request and waiting for reply
                    Account with OC Lloyds
                    January 2017 sent for CCA but received nothing back so in default of CCA request
                    February 19th Received Reconstituted terms ( had to research this) Sent to Niddy who said it was,
                    as not signed agreement .


                    August 17 Default notice received Account balance £3480.66. and arrears £422.32 Filed away

                    October 11th 2017 Letter from LLoyds saying the account has been handed to a debt collection agency . Westcot Credit Services. Filed away.

                    October 19th 2017 Letter from Westcott asking to ring and they will be collecting from now. Information on how to pay etc etc. They also rang on mobile which has now been blocked.

                    November 2nd 2017 Letter from Westcot letting us know they "know where you are " and will continue to text, phone , send letters and generally annoy unless we respond. BE AFRAID!!!...So its getting filed and it seems that they know there is no agreement to fight with...


                    25 November 2017 " An opportunity to take control of the outstanding balance in a way that suits you." Thank you but we have already done that.
                    1
                    7th December 2017 "Confirmation of Residency" and also trading as 2F .....So glad you did that for us but we really don t care 2 Fs

                    28 th February 2017 Letter informing her of possible further action

                    7 th November 2017 Westcot send a reduced settlement offer

                    15th February 2018 transfer letter to Moorcroft

                    19th February 2018 Letter from Moorcroft wanting to discuss repayment


                    28th March 2018 Letter from Moorcroft, I don t remember when they came in on the act as it was Westcot. Just to say they are concerned there has been no attempt to come to some agreement to pay. That they will continue to attempt communication by phone and letter. Deadline of 4/4/18 to contact them.

                    11 th April 2018 Letter from Moorcroft That as there has been no reply to their communications they are referring my daughter to the Home Collections Department. Home visit and when will be the best time? (Don t think so !!) The purpose being to just reconnect and discuss a route forward.

                    22 June 2018 Letter from Lloyds referring to CSL Credit Security Ltd

                    22 June 2018 Notice of instruction from CSL

                    2nd July 2018 CSL letter disappointed no response to their letters

                    12 July 2018 CSL letter, Limited offer of part payment of the debt. Default will be registered as partially satisfied with a balance of zero


                    29 December 2018 Long letter from Robinson way informing her that they have entered into a contract with Lloyds to act on their behalf as servicer with relation to their dealings with her... Debt collector i presume

                    29 December 2018 Letter from Lloyds informing that they have transferred the debt to Robinson Way collection agency

                    14 January 2019 Letter from RW offering help to repay the debt

                    13 December 2019 Lloyds letter notice of assignment to Intrum Uk Finance Ltd to take effect 28 November 2019

                    24 December 2019 Letter from Intrum ..Get in touch in the next 10 days

                    3 January 2020 Intrum.... we may take legal action if you don t get in touch

                    13 January 2020 Intrum letter " We are 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. " Given 10 days to respond .
                    3 February 2020
                    Intrum letter Final discount offer before we consider court action.Ten days to reply. The offer is ridiculous and in my experience as no reference to affordability. 3 payment of £1044.20 or one payment of £2784.53

                    14th February 2020 letter from Intrum threatening court action. Query raised on AAD due to tone of the letter.

                    ^ ^ ^ this is the history of the debt which Intrum have written to your daughter about. It's an ex-Lloyds credit card from 1998.

                    I can see that three years ago Niddy said it was unenforceable following her s77-79 CCA Request.

                    That position hasn't changed so there's no need for your daughter to get upset by the tone of that latest letter, which I admit does come across a bit menacing.

                    You've sent a SAR to Lloyds.

                    That's enough for now

                    Di
                    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 di@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


                    • Thanks Di, It seems that they will just send these menacing letters then, and cannot do much else. so we just continue sitting the time, half way now , I ll pass the news on SB
                      If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                      Comment


                      • Hi
                        We have just received today another letter from Intrum. It has passed the debt to their legal team and is threatening my daughter with their solicitors. I feel this is just their tactics to put pressure on ? Do we just ignore until we receive said letter ? Which from the comments from Jo seem that they cannot perform. Or reply in some way.?

                        Your comments will be appreciated.

                        We have not had any paperwork from Lloyds as yet regarding the SAR.

                        SusieB
                        Attached Files
                        If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                        Comment


                        • Originally posted by Susiebling365 View Post
                          It has passed the debt to their legal team and is threatening my daughter with their solicitors. I feel this is just their tactics to put pressure on ? Do we just ignore until we receive said letter ? Which from the comments from Jo seem that they cannot perform. Or reply in some way.

                          Another threatening letter from Intrum. Although the 'threat' is to simply pass it to solicitors.

                          Nothing you need to do until you receive a Letter of Claim from Intrum's solicitors, and then post on the forum if/when that happens, and/or email it to me di@joannaconnollysolicitors.co.uk

                          The credit agreement (for a 1998 Lloyds credit card) which was sent in response to your s77-79 CCA Request in 2017 has been deemed unenforceable, hold that thought

                          Di
                          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 di@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


                          • Thank you Di you re all diamonds on here
                            If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                            Comment


                            • Hi all
                              Why do these letters always seem to land at the weekend ?

                              We have received a solicitors letter from Intrum re the Lloyds card. Niddy deemed this agreement to be and we have recently sent for SAR, but as yet not received anything back.

                              I have contacted Di as she mentioned previously.

                              So....
                              Attached Files
                              Last edited by Susiebling365; 13th March 2020, 20:47.
                              If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                              Comment


                              • Hi susie.
                                I have removed the attachment as it was showing the solicitors Ref.

                                good luck NW x
                                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.

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