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  • #31
    Thanks Tech Clerk

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    • #32
      Originally posted by nigelgriggs View Post
      i was thinking more along the lines of, counter offering there offers, then should they accept, i would request agreement in writing.

      Hello

      Maybe you're going about this in a back-to-front way?

      My personal view is negotiation is best done from a position of strength not the other way round.

      Establish your legal position first, and then proceed from there.

      You may not need to make an offer if the debt is unenforceable.

      I haven't read through your whole thread (my apologies) but who (which specific legal entity not necessarily the author of any letters you receive} owns these debts?

      If it's Intrum UK Finance Ltd then the debt might be unenforceable for reasons other than the lack of production of a compliant credit agreement, or even the production of a 100% compliant credit agreement.

      Jo explains this here >


      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.

      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.
      Did you receive a Notice of Assignment from Intrum?

      Di

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      • #33
        would it be worth while doing a SAR with both Lloyds & Hsbc, Despite Niddy saying both of my accounts are UE, would the SAR give me Notice of Assignment info, if they have done it correctly.

        Comment


        • #34
          Originally posted by nigelgriggs View Post
          would it be worth while doing a SAR with both Lloyds & Hsbc, Despite Niddy saying both of my accounts are UE, would the SAR give me Notice of Assignment info, if they have done it correctly.
          The AAD approach is to follow a UE with Silence!
          No need for a SAR at this point its UE in Law until that S 77/78 has been fulfilled.
          Silence No communication and sit on your Hands!

          Comment


          • #35
            Ok Im a little nervous sitting here waiting for their first response, 2 weeks tomorrow since last payment was due, and nothing.
            I suppose its good news really, just waiting for that first letter, to which I wont probably even have to respond to.
            thanks once again Roger

            Comment


            • #36
              Originally posted by nigelgriggs View Post
              Ok Im a little nervous sitting here waiting for their first response, 2 weeks tomorrow since last payment was due, and nothing.
              I suppose its good news really, just waiting for that first letter, to which I wont probably even have to respond to.
              thanks once again Roger
              Me to when I was in your situation! Have to learn Silence is Golden!

              Comment


              • #37
                Ok, a fortnight has passed by, and Intrum have again offered me 80% discounts (still not affordable ),
                I would like to counter their offer with a 5% offer on both accounts, but i cant without telling them that i feel BOTH accounts are UE,
                thus letting them know of errors Niddy has informed me about, on the second account.
                I Guess I will have to wait until they start pestering me for payments.

                Comment


                • #38
                  Originally posted by nigelgriggs View Post
                  I would like to counter their offer with a 5% offer on both accounts, but i cant without telling them that i feel BOTH accounts are UE,
                  thus letting them know of errors Niddy has informed me about, on the second account.

                  Why would you make an offer on an unenforceable debt?

                  If you tell Idem about the errors they may be able to remedy the flaw.

                  I'll take a look back through your thread tomorrow and then comment on each of these debts. Where will I find their history (i.e. post #)?

                  Di

                  Comment


                  • #39
                    Sit in on your hands for now
                    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.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #40
                      Well, Despite being told to sit on my hand for 6 whole years, I have finally managed to settle both my accounts for a mere 5%, within two week of stopping token payments.
                      I cannot thank those enough that have offered their advise along, what turned out to be a very short journey.
                      Long may AAD be about what with the wonderful information the users have, and also the template letters available.
                      Thanks again everyone...

                      Comment


                      • #41
                        have you got it in writing:- that it is full & final or partial & final and no further action to recover the difference or account closed??, as I found years ago I did partial settled - then out of the Blue 5 solicitors letters asking for the difference? i ended up paying more than original aledged debt?
                        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.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #42
                          Originally posted by nigelgriggs View Post
                          Well, Despite being told to sit on my hand for 6 whole years, I have finally managed to settle both my accounts for a mere 5%, within two week of stopping token payments.
                          I cannot thank those enough that have offered their advise along, what turned out to be a very short journey.
                          Long may AAD be about what with the wonderful information the users have, and also the template letters available.
                          Thanks again everyone...
                          good work - make sure you get confirmation that its F&F in writing and that they will not pursue you fro the difference. At least then you can sleep easy and what a good saving.

                          Comment


                          • #43
                            must say if people keep paying for unenforceable aledged debt no CCA no owe these DCAs (only in name) people thrive on harassment to make ill-gotten gains@= makes me sick! However how an individual reacts is up to them in the end, but a low figure is better than the full amount as long as is kosha and in writing no further attempt to sell to another scum bag!


                            Intrum (Justica) as known then was one of the ones I referred to:_
                            Last edited by The Tech Clerk; 29 May 2020, 10:43.
                            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.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment


                            • #44
                              Originally posted by The Tech Clerk View Post
                              must say if people keep paying for unenforceable aledged debt no CCA no owe these DCAs (only in name) people thrive on harassment to make ill-gotten gains@= makes me sick! However how an individual reacts is up to them in the end, but a low figure is better than the full amount as long as is kosha and in writing no further attempt to sell to another scum bag!
                              Everyone is different and MY opinion that a low settlement 5% is a result and would enable me to sleep at night. I agree that if its unenforceable and you ride it out its much better to pay nothing - but its that thought of the paperwork coming out of the woodwork making the debt enforceable that worries people. I don't fully agree morally with with you saying "alleged debt" because I remember spending the money and I have the holiday memories, wearing the clothes that i bought on credit cards in the holiday pics. So i think there is an element of that in peoples heads.

                              If i had not of found you guys i would currently be paying £500 per month through Payplan, and now if i settled my total remaining debt for 5% it would cost me £187.50.

                              Anyway I will not be speaking to, or arranging anything, without running it past Niddy and this forum but I totally understand where the will to F&F comes from.

                              Comment


                              • #45
                                as I stated how an individual reacts:- ! However how an individual reacts is up to them in the end, but a low figure is better than the full amount as long as it is Kosha!
                                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.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                                Comment

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