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Moon phases


Intrum Finance letter advice please.

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Post by Ithesoul on Tue Sep 11, 2018 12:20 pm

Hi All
I have been dealing with Intrum (& formerly 1st Credit), since early 2015 who have been chasing me for payment of a Barclaycard credit card debt. They state that they purchased the debt from Barclaycard in February 2015. I used the old 3no. dca letters plus many follow up letters. I now need to respond to their latest two letters, in which they have offered me discounts & that if I don't make contact with them within 10 days they will pass the account onto their legal team. The account sum is approx £12,500.00.
I have prepared a letter basically using the new 3rd dca letter as a final rebuttal to them. Can you please let me know if you think that this will be the best course of action or do you think I should re-start the 3 letter process using the new letters?.

Many thanks in advance for your help.
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Post by daveiron on Tue Sep 11, 2018 1:27 pm

Personally I think you can either use letter 3 or start from letter 1 ,
In any event you need to send these requests 3 times at least ,( 3 seems to be an important number).
You may have more of a fight due to the size of the debt. But it should all come down to proof of claim.
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Post by Ithesoul on Tue Sep 11, 2018 1:56 pm

Hi daveiron
Many thanks for your reply. I sent the 3 dca letters to them back in early 2015 & have in total written to them 24 times since then!. Therefore based on your advice I will send them the edited 3rd new dca letter, giving them a further 10 days to provide the requested documents, which will hopefully re-enforce my position.

Best wishes.
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Post by daveiron on Tue Sep 11, 2018 2:04 pm

I presume those 24 letters you sent were mostly asking for proof of claim ? If so its to hoped you still have copies of them.
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Post by Ithesoul on Tue Sep 11, 2018 2:09 pm

Hi
Yes indeed my letters were asking for the proof as stated in the 3 dca letters & following up on those in reply to the 1st Credit & Intrum letters. I have a fat file with all the letters & proof of postage etc. & have stated to them that I will produce these in court should it come to that!.
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Post by daveiron on Tue Sep 11, 2018 2:16 pm

Thats good.

It would appear to me that because of the amount of letters and the time involved ,
they do not think they have enough to litigate. With the amount being over 12K ,you would have thought they would have been all over it like a rash.
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Post by Ithesoul on Tue Sep 11, 2018 2:29 pm

Yes good point, back in January 2016 1st credit sent me a letter stating that "regrettably we are considering whether we should refer your account to our internal legal dept to issue county court proceedings against you".
I responded by sending them the pre-action protocol letter & they didn't carry their threat forward but are now trying it on again as the re-branded company Intrum.
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Post by Kestrel on Tue Sep 11, 2018 8:19 pm

Offering discounts is usually a good sign they have no proof of claim & as above surely they would have taken the court route by now if they had.

The court action seemed to go up a couple of years back with changes coming in regarding debt collection maybe a panic on their part but nothing really came in to halt their crimes - the on going pursuance of fraudulent debt.

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Post by Ithesoul on Wed Sep 12, 2018 3:54 pm

Hi Kestrel
Many thanks for your comments & very reassuring. I will post again once I receive a response back from them.
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Post by Ithesoul on Thu Sep 20, 2018 7:16 pm

Hi daveiron & Kestrel
Further to my post & your replies to me, I have now received a reply to my letter which was the edited 3rd new dca letter, giving them a further 10 days to provide the requested documents, from Intrum as attached. It's basically telling me why they don't need to issue the requested information to me, but interesting they don't now mention taking legal action, which they did in their previous letters!.
I would be very grateful if you could have a read of the attached & let me know your thoughts, & if & how I could reply to them.
Many thanks.
Intrum Finance letter advice please. Intrum10
Intrum Finance letter advice please. Intrum11
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Post by daveiron on Thu Sep 20, 2018 7:50 pm

Looks good, Barclaycard cannot produce a default notice ,and have resorted to what is a begging letter.

I have one that a DCA told me is unenforcable but they keep sending me begging letters . I always respond by sending yet another copy of letter 3 with a letter of rebuttal .
I have informed them that every piece of correspondence will be responded to with a further letter for documentation & these will be added to my file to show as such.

On a personal level ,I would always send a letter of rebuttal . (Maxim of Law = he who does not deny ,admits)
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Post by Ithesoul on Thu Sep 20, 2018 9:30 pm

Hi daveiron
Many thanks for your reply, great news I will do as you say. Is there a template for the letter of rebuttal that I can use, could you please post a link if there is.
Thanks
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Post by daveiron on Fri Sep 21, 2018 7:26 am

Hi, This is all I use . Use all or part its up to you.

Dear xxxx
I am in receipt of your letter dated xx xxxx and received xx xx . I hereby rebut and refute its contents in their entirety . I enclose a further request for documentation regarding your claim that I owe a debt to your corporation.
Said documentation is required in order that I may settle any lawful obligation I may have.
You should also note that all correspondence from you will be responded to with a further request for the documents, and will be added to my records.

--------------------------------------------------------------------------------------------------------
I then enclose a further copy of letter 3.

Anything along those lines , just be sure to add the bits about rebuttal , and settleing any obligation.
Hope this helps,dave
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Post by Ithesoul on Fri Sep 21, 2018 9:55 am

Hi daveiron
Thanks very much, I will do that & I will update you in due course.

Best wishes
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Post by Ithesoul on Wed Nov 28, 2018 10:31 am

Hi daveiron
I have today received the attached letter from Intrum in response to my letter to them using your suggested format.
I presume I should now reply to them with a further request for the documents?, or should I issue them with the 'Pre Action Conduct' letter?.
Any other advice would of course be gratefully appreciated.

Best wishes.
Intrum Finance letter advice please. Ccf28110
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Post by daveiron on Wed Nov 28, 2018 11:46 am

You could respond along the lines of ; I am in receipt of your letter dated xxxx & received xxxx. Please confirm if
it is a 'letter before action' Your failure to once again supply the documentation requested is noted and will be
added to the record of the parties,
For the avoidance of any doubt as to what I require ,I enclose yet another copy of my request for documentation.

Its just a scare letter they have sent ,notice the word MAY ,not will .
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Post by Ithesoul on Wed Nov 28, 2018 11:17 pm

Hi daveiron
Many thanks for the suggested reply, I will get my letter off to them tomorrow.

Best wishes
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Post by waylander62 on Thu Nov 29, 2018 10:30 pm

not quite a letter before action, more a threat of a letter before action.

you see a letter before action under the new rules must be just that and must contain paperwork for you to fill in and return, look out for that one as it is the official letter before action which MUST be served before issuing a claim.

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Post by handle on Thu Nov 29, 2018 11:36 pm

Have to be careful when a DCA or creditor cannot produce a default notice. Check your own paperwork. It maybe they are aware of one but it was invalid.

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Post by waylander62 on Fri Nov 30, 2018 12:30 am

agree with handle, keep that one close to your chest and remember it.

there is good case law for defective default notices and not being able to produce a default notice.

a claim can fail on the default notice alone, even if the agreement is perfect under the CCA.

there is a need for a compliant default notice to be sent to any debtor before a creditor can: TERMINATE THE AGREEMENT, or DEMAND EARLIER PAYMENT OF ANY SUM by reason of any breach Wink

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Post by Ithesoul on Sat Dec 01, 2018 2:20 pm

Hi waylander62 & handle
Many thanks for your advice, it's much appreciated.
I know that Intrum cannot produce a default notice as they have already volunteered this information. They & under their previous company name of 1st credit have threatened me with legal action before but never carried it through, I presume because a default notice is one of the key things they cannot provide!.

Best wishes & thanks.
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Post by Ithesoul on Fri Dec 07, 2018 12:28 pm

Hi daveiron
I have today received the attached letter from Intrum 'legal dept'!. They did not answer my specific question about whether their previous letter was a 'letter before action'!, & once again ignored the contents of my letter & request for documentation.
That being the case I would be grateful for your advice in how to respond & if now is the time to send the pre-action letter to them.
If so can you please advise on the best template to use, not sure if its been updated since the last time I used it!.
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Post by daveiron on Fri Dec 07, 2018 1:11 pm

Hi,
It appears to be another threat (intimidation) note they are still using the word MAY ,not are or will.

Wait for other advice but my response would be along the lines of;

Dear Lily Chan ,
I am in receipt of your letter dated xxx . I am at a loss to understand the lack of comprehension by
your corporation regarding your claim that I owe it a debt.I have stated on numerous occasions that I
will settle any lawful obligation I may have ,upon production of your proof of claim by providing the
documentary evidence requested.
As of this moment your corporation ,for whatever reason have ignored all my reasonable requests for
said documentation. Instead they have resorted to threats of court action against me. Clearly should
you proceed to court with this matter , I will request that the afore mention documents be provided
in court, along with copies of my letters to you offering to settle any lawful claim.
I await once again for a satisfactory response .
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Post by Ithesoul on Fri Dec 07, 2018 6:02 pm

Hi daveiron
Many thanks for your reply & suggested response. I will await other advice as suggested before replying to them early next week.

Best wishes
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Post by daveiron on Fri Dec 07, 2018 6:31 pm

I've just noticed how much this alleged account is for, I think it tells a lot,
they have been chasing this for some 4 years and never brought it to court. This would have been a
nice little earner for them & I very much doubt they would have left it this long if they thought for
one moment they would be successful .
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