UE Diary of Susieblings Daughter

[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.

[Susiebling365]

Do I still have to send £1 ?

[The Tech Clerk]

send £1.00 makes it legal

[Susiebling365]

thank you !

[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

[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

[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]

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

[Susiebling365]

Thank you , We have now made up our minds what to do, the experience and advice on here is second to none. The thing is , I m not so sure its unenforceable since this second agreement was uncovered, It is old so chances maybe it is.

I , or we, can see the sense in responding and asking Intrum to provide a copy of the agreement, as opposed to just sitting and waiting for J&P to issue a court proceedings, I never fully understood that pathway.

So that's what we are going to do. She has settled a lot since the start, and is more pragmatic (think that's the right word) about the situation.

She has read the example and agrees, onward with plan A.

[Night Monkey]

...as opposed to just sitting and waiting for J&P to issue court proceedings, I never fully understood that pathway.

Just to add to the discussion, when PRA threatened me with legal action I chose to sit it out and see what happened. My logic was that they were pretty sure to take the matter to court whatever happened and any information I gave them prior to them starting the process would allow them to see my hand and prepare accordingly.

Once they initiated proceedings the clock was ticking as there are strict time limits for them to come up with documentation that they should have had in place before going to court. Ultimately they did proceed and subsequently withdrew once JCS hammered them with requests for paperwork that they couldn't produce.

I was also in the fortunate position of not being afraid of having a CCJ if it came to that as I'm not planning to look for any form of credit or loan in the near future.

Hopefully your clear willingness to defend any action will make them think better of starting one.

[PlanB]

Just to add to the discussion . . . I was also in the fortunate position of not being afraid of having a CCJ if it came to that as I'm not planning to look for any form of credit or loan in the near future.

Hopefully your clear willingness to defend any action will make them think better of starting one.

You've hit the nail on the head, that's exactly what this forum is all about!

A discussion between members who share their own debt experiences so others can make up their own minds what might work for them depending on what is going on in their own life at the time and the consequences of taking any risks.

I also feel it's important not to be prescriptive, but help members to feel empowered by making their own decisions based on information provided. The longer a conversation goes on, the better they'll be able to do that.

Do keep posting

Di

[Susiebling365]

Yes Thank you for this. Its the best place to be. I came on here to sort my own debt and now helping my daughter. 2 totally different scenarios as everyone is different , but sharing experiences, knowledge does help. I have visited advice centres and the odd solicitor before AAD and it amounted to nothing .


Just to add to the discussion, when PRA threatened me with legal action I chose to sit it out and see what happened. My logic was that they were pretty sure to take the matter to court whatever happened and any information I gave them prior to them starting the process would allow them to see my hand and prepare accordingly.

I was made aware of that, but after consideration we prefer to get Intrum to show us that they are able to take her to court.

Hopefully your clear willingness to defend any action will make them think better of starting one.

I think so too, we prefer to not sit back and wait for the court letters if we can help it. My daughter does not want a CCJ , but thats a way to go at this point.

So I sent the requests today, their turn now.....

[Susiebling365]

On AAD there is no stigma attached to a person having fallen into debt, no feeling that you are being looked down upon, or there is something lacking in your ability to handle money. Being irresponsible and carefree with the money belonging to others. I feel very strongly how all this affects the mental health of people who very often have got into this situation through no real fault of their own, just circumstances and often other people kicking them into the hole they have dug.

I went to several advice place before someone pointed me to here, came away feeling worse than when I started.

A soapbox I m afraid

[PlanB]

Yes Thank you for this. Its the best place to be. I came on here to sort my own debt and now helping my daughter. 2 totally different scenarios as everyone is different , but sharing experiences, knowledge does help. I have visited advice centres and the odd solicitor before AAD and it amounted to nothing .

. . . . after consideration we prefer to get Intrum to show us that they are able to take her to court.

. . . we prefer to not sit back and wait for the court letters if we can help it. My daughter does not want a CCJ , but thats a way to go at this point.

So I sent the requests today, their turn now.....

May I just check that you sent the CCA Request to Intrum not Lloyds, and copied it to the solicitors?

Di

[Susiebling365]

yes i sent it to Intrum, i ve also copied the forms and the letter so both Intrum and JP have copies.....

I ve had CCA and SAR from Lloyds in the past

SB