Intrum Finance letter advice please.

the letter is ok,

you could send it as it is if you wish. When was the last payment made against this debt ?

and did you have any type of insurance or PPI with this barclaycard ?

Hi daveiron
Thanks for your thoughts. If I write to them using your suggested wording should I also include: "I will request that the afore mentioned documents, "including a valid default notice", be provided in court, along with copies of my letters to you offering to settle any lawful claim.

They have not be able at any time to produce a default notice. they just state that Barclays issued one!!!.

Any thoughts waylander62 & handle?.

Hi waylander62
I have just seen your message from yesterday evening. My last payment to Barclaycard would have been in May 2014, I sent letter no.1 to them in June 2014.
Why do you ask about insurance or PPI?.

Hi,
I would not mention the default notice ,as previously suggested. You have already asked for it many
times in the letters. It appears they are fully aware they cannot provide one,so instead they are
increasing the threat level. Its my belief if they had all they think they need ,they would have started
proceedings way before now.

daveiron wrote: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.

I cannot see how there should be a need to write to a debt collector 24 times.

IMO; the process should be:

send the 3 letters
send nothing
when they threaten court, refer them back to the letters previously sent reminding them you have requested them to provide proof of claim.

I think we need to learn from the business community.

Banks etc do things the way they do for a particular reason. They have ship loads of lawyers whose job is establish legal processes that conform to the law, that are recognized and accepted by the courts as due process.

These people do things the way they do for a reason. Other than because its due process I admit I dont know why they have structured things exactly as they have but essentially what they do is:

1. Send us a letter and tell us we are behind in payments (informing us of the situation and requesting payment)

2. Send us a reminder notice ( letter much the same as the first but demanding payment a second time.)

3. Send us a Letter of Default.

Now; its recognized that they may send one or two other letters as well but that's just to put the frighteners on us.

In law; these three steps are known as due process and by sticking to this process they can prove to the courts they have complied with due process and also done the right thing by the debtor.

I think we should do the same thing for the same reasons. We should only send them 3-4 letters.

first letter -  request they provide proof claim documentation.
second letter - send a reminder to send proof of claim
third letter -  Letter of Default if they have not sent the things asked for in the first of the 3 letters particularly a copy of the Assignment to the DC, a copy of the agreement showing our signature and the letter of default from the OC.

This demonstrates to them and to the courts, should things go there. that we have complied with due process of law.

If desired, every so often, we can send them "We have received your communication but we have previously given you adequate opportunity to prove your claim but you have failed to do this.

Personally I would be reluctant to communicate with them after having defaulted them.

Hi Ausk
Many thanks for your thoughts. My reasons for the 24 plus letters to them was & is to keep batting it back to them & working on the basis that silence is acceptance!.

Hi daveiron
Thanks for your reply once again. I will take your advice re the letter.

personally i would NOT mention the default notice, they have had their chance with that, failed and admitted they dont have one.

just checking for statute barred which it is not.

insurance or PPI can be a winner, it is very very complicated and would take forever to explain but is another argument in your armoury should it be needed.

Hi waylander62
Thanks for your reply, I will not mention the default notice as you suggest.

Best wishes

Hi daveiron
Well I sent my letter off to Intrum using the format suggested in your post of the 7th Dec & I received this reply yesterday,as attached.
I see that the letter doesn't now have Lilly Chan's name on it, she sent the first one!.  

Once again your advice would be gratefully received?.

Best wishes

personally i would ignore this one, not worth the effort or the ink.

let their attempts to collect the alleged monies due and owing commence in 30 days

just my opinion

So no change then, I also notice no one has put their name to it.
As we said before ,if they had all they needed they would have proceeded ,not keep pratting about
with the same veiled threats .

I would just send a short rebuttal letter,pointing out that once again they have shown they cannot
or will not provide the documentation requested & this further letter from them will be added to your
ever growing file of their refusals.
As waylander suggests you could of course ignore it .Myself I prefer a letter of rebuttal (He who does not
deny,admits) .

regards dave

Daveiron you are in essence correct

but the poster has denied enough times already that my thoughts were that it would be a waste of time to keep repeating themselves.

Hi waylander,

Yes I totally agree. My I suggest a final letter along the lines of;
I have been requesting documentation for a very considerable amount of time & until you reply
with something of substance ,all further correspondence from you will be filed and no reply will
be forthcoming .

Hi daveiron & waylander62
Many thanks for your considered views once again. I will reply with a final rebuttal letter as suggested.

Best wishes & I hope you have a great Christmas & new year.

yes thats fine to be honest there is no real right or wrong way in this situation

it has been rebutted, documentation has been requested therefore they need to provide it.

at the end of the day if they submit a letter before action then you will get the opportunity to ask for the documentation in an official capacity and they will know this

Thanks waylander62

Very kind of Waylander62, DaveIron et al in providing such fantastic advice. Thank you.

reading this and hoping for some news on how you are getting on, as I have a tesco credit card debt which has I found out today been transferred to Intrum as they state they are now the legal owner.

Hi daveiron & waylander62
Some good news in the letter I have received from Intrum legal dept, as attached. Do you think I should respond to this letter & if so what would you recommend. Maybe they will decide in time to sell on to another parasite dca?.

Many thanks for your continued help.

Letter now attached I hope!.

Hi LynnB
I hope this latest post helps you.

Hi,
That response just reinforces what has been suggested all along.
Lets be honest 12.5 K is a tidy sum & if they thought they could get it via court they would have done so.
It looks like you will just have to put up with the begging letters,& just smile to yourself when you file them.
Your choice whether to ignore or rebut.

personally i would wait until they refer it back to their 'other' department

when their 'other' department contacts you then maybe respond to that.

Hi daveiron & waylander
Thanks for your replies, I think I will await further contact from them, to see what they come up with next time!.

Best wishes