UE Diary of Susieblings Daughter

[Joanna Connolly Solicitors]

She went through the paperwork SAR, and found an agreement which is not what was sent in the first instance, and what I sent to Niddy, it was nothing like an agreement. Anyway, the agreement she found I have forwarded to Niddy to inspect to see if its still uneforceable, fingers crossed.

She has had a nice letter ,16th June, suggesting/ offering a deal that if she pays about 2 thirds they will write the rest off, but just ignored it. as we do.That was sent by Intrum, but nothing from the solicitor.

Your daughter had received a Letter of Claim from Judge & Priestley earlier in the year, but she's not heard from them since. From what you say Intrum have written to her with an offer.

In the meantime the SAR to Lloyds has produced a credit agreement which was not the same as the 'credit agreement' your daughter was sent by Intrum (or J&P?) in response to her s77-79 CCA Request.

Has Niddy told you whether the credit agreement Intrum produced appeared to be enforceable regardless of whether it's the real deal?

Di

[Susiebling365]

No we have heard nothing more from Priestley solicitors.Not since the lockdown started and they said they were backing off for a while, then Intrum sent that letter of offer a couple of weeks ago.

When we first started on this unenforceable trip, i asked Lloyds for a credit agreement, and they sent something that was like a statement, and also some terms and conditions, I sent them to Niddy who said they were unenforceable. This was 2017.

Recently we sent for the SAR and a bundle of stuff presented this agreement which I sent to Niddy, at the beginning of July, he s not come back to me yet.

I have not requested anything from Intrum, I think it was you who suggested maybe not a bad thing to ask for SAR , being that Intrum were getting the solicitors to write.

SB

[Joanna Connolly Solicitors]

When we first started on this unenforceable trip, i asked Lloyds for a credit agreement, and they sent something that was like a statement, and also some terms and conditions, I sent them to Niddy who said they were unenforceable. This was 2017.

Recently we sent for the SAR and a bundle of stuff presented this agreement which I sent to Niddy, at the beginning of July, he s not come back to me yet.

I have not requested anything from Intrum, I think it was you who suggested maybe not a bad thing to ask for SAR , being that Intrum were getting the solicitors to write.

Yes the SAR to Lloyds was my suggestion. It was to put your daughter in readiness for any legal proceedings they were intending to issue.

In 2017 Niddy told you the credit agreement produced by Lloyds in response to your s77-79 CCA Request was unenforceable, so is the agreement you received within the SAR response the same document?

Di

[Susiebling365]

"In 2017 Niddy told you the credit agreement produced by Lloyds in response to your s77-79 CCA Request was unenforceable, so is the agreement you received within the SAR response the same document?"


No. 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.....

[Joanna Connolly Solicitors]

No. 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

So the credit agreement Lloyds sent you in response to your s77-79 CCA Request was unenforceable.

But the credit agreement Lloyds sent you in response to your SAR (three years later) is different.

Wait to see what Niddy thinks of the recent credit agreement from Lloyds, although I remain baffled as to why it should be different (enforceable or unenforceable) than the first one.

At the moment Intrum haven't produced any documents because you sensibly haven't sent a new s77-79 CCA Request to them (please don't )

What may matter is what Intrum would or could produce if they were to issue legal proceedings, albeit they do not have FCA authorisation as Jo explains here >

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.

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.

Di

[Susiebling365]

I think Lloyds were too idle to find all the paperwork, it was simply type written statement attached to some T&C which Niddy said were unenforceable. The SAR revealed a signed agreement attached to T&C which hopefully the same , though a poor photo copy. I m just double checking with him , I do not trust these people one bit.

I ve learnt enough on here to not rock the boat, and so far Intrum not been contacted, we re halfway now ...ish ! Its a waiting game

Thank you Di

[Joanna Connolly Solicitors]

Let me know if Judge & Priestley solicitors get involved again.

Di

[Susiebling365]

We defiantly will, they are a strange company ! and thank you!

[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

[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]

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]

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.

[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]

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

[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