UE Diary of Susieblings Daughter

[PlanB]

Could I ask for some opinions please . . . . I m a little confused with all the info, so other peoples experiences and takes on the matter will help

Here's a post from yesterday by another forum member who was threatened with legal proceedings by Judge & Priestly solicitors instructed by Intrum.

According to this post Intrum decided not to issue a county court claim after a review of the situation.

I'm not raising your expectations since each case is different but if Intrum have never been told this debt may be unenforceable or disputed then it's understandable why they would issue a claim.

Ultimately it's up to your daughter to decide whether she wants to take the risk especially if she is a homeowner.

30 04/21 Letter received from Intrum -
We wrote to recently outlining our intentions to issue litigation proceedings against you. Having performed a review
of your account we have decided not to proceed with litigation at this moment in time.
As such your account will shortly be transferred from the legal department back to the collections.

Hello

That is such good news especially since this is a £9k debt!

It's also encouraging to see the decision not to issue legal proceedings against you was as a result of a review of your account which may have meant they realized that this debt is unenforceable.

It's a pity they didn't do that before instructing Judge and Priestly solicitors after having sent you a series of letters threatening you with a county court claim and mentioning a potential charging order on your home, attachment of earnings, warrant of control (bailiffs) and so on.

Well done for not surrendering to their pressure which can feel like bullying at times.

Di

[Warwick65]

Just to echo what Di says- responding to a letter of claim may stop further action. Not responding will almost certainly lead to a claim - they don't really care if its the right person or not just that they get some money.


The confusion may be that indeed sometimes they send letters trying to work out if you are who they want but you are way past that now

[PlanB]

The CCA Request should be sent to Intrum who own the debt not Lloyds. Send a copy to the solicitor.

If you don’t reply to the Letter of Claim they will issue legal proceedings against your daughter.

Di

[Susiebling365]

Could I ask for some opinions please, so that I can discuss with my daughter the next step with regards to the letter from Intrums solicitors.

I m a little confused with all the info, so other peoples experiences and takes on the matter will help .

We have had the pre action protocol letter from the solicitors with loads of forms. I have typed up the CCA for Lloyds, filled in the form asking for more paperwork (as noted above by TC) and made copies to send to both Intrum and J&P.

I ve not sent them yet because I ve had another conversation which says I could be alerting them to the fact that they have the right person, I am preparing them for what I intend to do. Maybe better not doing anything and wait for the next step from the solicitor.

We have never communicated with Intrum, but I have sent for CCA and SAR from Lloyds in which a signed copy of the agreement turned up, the original was not enforceable and not signed. The second one in the SAR was signed.

So, now I don t know whether to wait and see, or send the requests for information, which is the better path do you think?

Thanks in advance

[Susiebling365]

thank you !

[The Tech Clerk]

send £1.00 makes it legal

[Susiebling365]

Do I still have to send £1 ?

[Susiebling365]

Thank you.
he confusion (for me) is that when i requested SAR from Lloyds, a signed agreement turned up in all the paper work they sent.
But I am going to send for that lot in the form sent by the solicitor and also send for CCA from Intrum. I will send copies to both of them so they both know .

This is an old credit card and the agreement copy is poor, but like Di says, I have not communicated with Intrum until now.... all spreads the time, we are 4 years in now.

[Warwick65]

Hi

I agree with Di ( plan b ),

Tick box D and ask for
The agreement
The default notice
The termination notice
The notice of assignment
The deed of assignment
The statement of account

Remember if you send a cca request and they can’t produce a signature, if it does go to court you need to be able to explain why no agreement was signed. Maybe you signed an application form in a supermarket with no terms and conditions . Maybe it was sent aa part of the bank account

[Susiebling365]

Ok I get that, the confusion is when we requested SAR from Lloyds , Feb 2020. In that lot was a signed agreement ( I sent you a copy). But you re saying just go to Intrum and request the info. as we have not corresponded with them and see what they reply with. ? See if they come up with a copy signed or not. ?

ok will do , thanks DI

[PlanB]

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

11th February 2020 SAR sent to Lloyds

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

26th February 2020 another letter from Intrums legal team, introducing and threatening with solicitors and court proceedings. Posted on AAD for comments. No reply yet from Lloyds regarding SAR

13th March 2020 Received Solicitors pre action letter which I ve posted and forwarded to Di. Not received any data re the SA
14th April 2020 Solicitors letter stating the account is on hold , and frozen regarding the court action in view of the Covid situation
23rd April 2020 Big stack of paper for SAR received, going to see if we can spot an agreement
February 2021 Just a reminder that have not paid
5th March 2021 Follow up letter to say that as not paid it will be forwarded to a solicitor to further the matter to the court
1st May 2021 Letter from JB Priestly Pre action Protocol. I ve forwarded a copy to Di to let her see it and ask as to the next move, We have 30 days to reply . Fingers crossed

Hello

I've looked back through your original post and can see that you sent a CCA Request to Lloyds in January 2017, and Niddy said the credit agreement produced was reconstituted and unenforceable because it didn't include your daughter's signature for this credit card from 1998.

You've not sent a CCA Request to Intrum after it was assigned to them in 2019. It appears that Intrum don't know the agreement was unenforceable. In fact it seems there has been no correspondence between your daughter and them about the issue which is why they are threatening to issue a county court claim against her.

If your daughter's aim is to avoid legal proceedings she could reply to the Letter of Claim by ticking Box D to dispute the debt and request documents in Box I on the form.

And consider whether sending a CCA Request to Intrum (copied to Judge & Priest'y solicitors) since if Lloyds didn't have a compliant credit agreement then Intrum won't be able to produce one either!

Di

[Susiebling365]

Just updated the diary for Lloyds , we have received a letter, pre action protocol. I have sent Di a copy of this letter, together with the agreement that appeared in the SAR we requested ages ago.

[Joanna Connolly Solicitors]

She received 2 letters from Intrum at the start of lockdown, to say they were holding off on the court thing because of Covid, then the second one offering a discount. Thats it so far.

Just hope this not tempting fate lol.....

Hopefully you've not heard anything more since Intrum said the were holding off court because of Covid?

Di

[Susiebling365]

Hi , thanks Di, had trouble logging in!

No, so far ..and crossing fingers, we have not heard a peep off them ....perhaps they still locked in?
SB

[Joanna Connolly Solicitors]

this looks like the real thing as its got her signature on it, thats why I sent it to Niddy. The first one was just a typed statement and a copy of T&C, which Niddy deemed unenforceable, a lot to do with the age of the original agreement.So fingers crossed, the T&C are the same,

She received 2 letters from Intrum at the start of lockdown, to say they were holding off on the court thing because of Covid, then the second one offering a discount. Thats it so far.

Just hope this not tempting fate lol.....

I hope I'm not tempting fate by asking you if your daughter has heard anything more from Intrum since the start of Lockdown?

Di