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Threatened bankruptcy proceedings

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Post by ande on Wed Aug 01, 2018 6:34 pm

Hello, received this letter from 1st Credit who now call themselves Intrum this is the 3rd letter from them each getting more and more threatening ,the 1st 7 days to respond ,the 2nd 10 days and now this one 14 .
they said that because I own my house I can pay, they will go to court and make me bankrupt and get the alleged debt money from the sale of my house .
I gave 1st credit the full treatment ,three letters. estoppel, section 10 the lot back in August of 2017  and I would have thought that that covered the alleged debt even after Intrum took over as it is still the same company.
can anybody advise me on this and give me your thoughts on this, is this saber rattling  or is this the end of the road many thanks for advice given and any thoughts ,sorry about the poor quality but that was the best of the bunch one again thanks
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Last edited by ande on Thu Jan 10, 2019 7:55 pm; edited 2 times in total

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Post by waylander62 on Wed Aug 01, 2018 9:26 pm

how much is this alleged debt for ?

an approximation will be sufficient.

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Post by ande on Wed Aug 01, 2018 9:33 pm

Hi thanks for the response just over £10'000 thanks

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Post by waylander62 on Wed Aug 01, 2018 9:43 pm

@ande wrote:Hi thanks for the  response just over £10'000 thanks

that is why they are threatening you with a statutory demand,

have they provided any documents that you have requested ? and have they written to you and told you that they have now taken over from first credit ?

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Post by ande on Thu Aug 02, 2018 2:35 am

Hi again , They wrote to me saying that they were the new name of first credit a while ago.
Intrum have not provided me with anything but I have not asked as I thought that that since this was a name change or they had been taken over, the letters I wrote to first credit would be enough thanks for the help Andy

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Post by waylander62 on Thu Aug 02, 2018 9:36 am

If they have written to you and informed you that they are the new name of first credit then....

If i were you i would reply to that threat and inform them that you have written to them several times in their previous name of 1st credit requesting documentation. You have received nothing from 1st credit nor from them, refer them to the letters sent to 1st credit and ask them if they are aware of these letters ( which they should be if they are the 'new name' of 1st credit )

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Post by waylander62 on Thu Aug 02, 2018 4:57 pm

having further thought about this initially i would send a letter to this legal dept.

requesting who they are regulated by.

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Post by ande on Thu Aug 02, 2018 9:38 pm

Thanks Waylander you've been brilliant, sent them a letter as you suggested informing them that I had asked for documentation of the alleged debt and sent them copies of letters and legal notices that I had sent to 1st Credit  hope its ok .
I am away from tomorrow  for a few weeks and when I get back I will ask them who they are regulated by .
Again thanks Waylander and to others that have had a look ,It has been a worry as I am away a lot as a lorry driver and to have my home threatened is as about as bad as it gets.
I was worried that some deadline would pass while I was away and I would be too late.
Even thought about signing the house over to the wife or the kids so I would have no assets anyway thanks and I will let you know what happens.
If anyone has any thoughts about this or suggestions feel free .


Last edited by ande on Thu Aug 02, 2018 10:35 pm; edited 3 times in total

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Post by daveiron on Thu Aug 02, 2018 10:07 pm

Hi ande,

You really need to redact your personal info from your letter.
Regretfully not all who visit this site have good intentions.
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Post by 1saberwow on Fri Aug 03, 2018 6:22 pm

Hi. When you are away driving do you stay at one place or are you all over the place. I thought that if the dca sent a letter while you were away that you may miss a deadline. But if you have a place that you stay while away to get a friend or family member to check your mail and if any letter from the dca can be forwarded to where you are while away. You then miss no deadline or get surprised when you arrive home.

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Post by ande on Sun Aug 19, 2018 8:34 pm

Hi 1saberwow thanks for looking I am back now and will be home at night so things will be better, when I did get back Intrum had sent me a letter along with copy's of statements and a copy of a credit agreement .The letter said they would put me on hold until the end of September then come for me again,they didn't mention the bankruptcy but I suppose that doesn't mean much so I am going to have to have a think of the best course to take.
thanks for your help and interest . Andy

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Post by waylander62 on Sun Aug 19, 2018 10:03 pm

ok so you have until the end of september at least we have stopped the statutory demand.

a little more info would help.

what is this for loan/credit card/ overdraft ?
when did the agreement start ?
when did you last make any payment against this debt ?

have they informed you of who regulates their legal department ?

would need to see a copy of the agreement if poss. to see if it is compliant with the CCA

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Post by ande on Sun Aug 19, 2018 10:41 pm

Ok thanks i will post that some time this week when I have a chance ,what I can tell you is that the the agreement was not signed by the OC thanks for the reply Andy

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Post by waylander62 on Sun Aug 19, 2018 10:56 pm

that doesnt necessarily matter, it depends.

personally i would send a SAR to the original creditor asap.

could do with knowing what this is for ? if you dont want to post on main site send me the info in a PM.

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Post by ande on Tue Aug 21, 2018 3:20 am

hi waylander la thanks for your help,I didnt get home last night but pill post the information needed as soon as I am able thanks Andy

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Post by waylander62 on Tue Aug 21, 2018 8:19 pm

@ande wrote:hi waylander la thanks for your help,I didnt get home last night but pill post the information needed as soon as I am able thanks Andy

Ok Ande

would get that SAR sent off to the original creditor asap.

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Post by ande on Tue Aug 21, 2018 8:27 pm

[quote="waylander62"]ok so you have until the end of september at least we have stopped the statutory demand.

a little more info would help.

what is this for loan/credit card/ overdraft ?
when did the agreement start ?
when did you last make any payment against this debt ?

have they informed you of who regulates their legal department ?

would need to see a copy of the agreement if poss. to see if it is compliant with the CCA



Hi waylander thanks for your help and interest I have dug out the previous letters regarding this and this is the information I can find .

This was for a credit card.
looking at a copy of the agreement ,start date 4th march 2006.
Last payment made around March 2014.
I can,t see any thing about a legal department.
I can,t put up a photo copy as yet our printer scanner is sulking but will have another go later .

But what I can tell you is that intrum when they were 1st credit have done this to me before I noticed when I was sorting the letters to get you this information different wording but the same threat .
First giving me 10 days to contact them or there would be a "escalation in collections activity" then when no response they would consider issuing a statutory demand under the insolvency act which could lead to bankruptcy and the loss of my house,
cheeky bxstxds!

I have done the 3 letter system four times with four different collectors.

Wescot first letter sent 27th March 2014.
Moorcroft ,first letter sent 8th October 2015
Credit Security Ltd .first letter sent 21st December 2015.
The above above were acting as Agents .

Ist Credit later Intrum these own the alleged debt and data purchased 29 June 2017.
First letter sent 30th August 2017 and copy's sent to Intrum ,2nd August 2018.
A couple of them have sent me copy's of the original agreement and copy's of statements.
hope this is OK and thanks for your help and interest .Andy


Last edited by ande on Wed Aug 22, 2018 6:56 pm; edited 1 time in total

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Post by ande on Tue Aug 21, 2018 8:30 pm

Hi waylander .What is a SAR and what does it do? and can I get a Template thanks Andy

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Post by waylander62 on Tue Aug 21, 2018 8:38 pm

@ande wrote:Hi waylander .What is a SAR and what does it do? and can I get a Template thanks Andy

a SAR is short for subject access request, you send it to the original creditor who then have to provide you with all of the data they hold in respect of your account. This often throws up a number of anomolies which the debt purchasing company have and are trying to fob you off with.

since the data protection changes they have a calender month to comply and it doesnt cost anything.

i do have one of my own i normally use but there is a link i believe to one the site uses.

Daveiron may well be able to help with that one.


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Post by ande on Tue Aug 21, 2018 8:57 pm

Thanks I will have a look when I get home tomorrow Andy
Thanks

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Post by daveiron on Tue Aug 21, 2018 9:16 pm

Its really simple,

All I would use is :

'This is a subject access data request. I now require that you supply any and all of my data held by your corporation .This is to include any & all data in whatever format it is held, and to be supplied within the proscribed time scale.'

Just something along those lines .
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Post by ande on Wed Aug 22, 2018 8:19 am

Thanks daveiron I will get it printed tonight and off tomorrow , I am presuming that I send it to the original crebit card lender and not 1st credit who are now I’m told are the OC thanks for your help Andy

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Post by daveiron on Wed Aug 22, 2018 9:13 am

Thats correct,

regards dave
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Post by ande on Wed Aug 22, 2018 6:50 pm

Now that the Scanner has stopped sulking here is a scan of the agreement .
I have also posted the SAR letter thanks for your help and Intrest Very Happy  Andy
Sorry hope this is better
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Post by daveiron on Wed Aug 22, 2018 7:04 pm

Is that exactly what they have sent ? because the extreme right hand side is missing ,therefor not a true or complete copy.
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