Intrum Threatening me with getting a CCJ against me

by angelao1 Fri Oct 30, 2020 3:52 pm

Hi I have done the 3 letter process some while back pre covid and it would now appear that Intrum has come out of lockdown as I have received a couple of letters threatening to take me to court.

I have received no information from the letters apart from a standard reply as attached

This has been followed up by threats to get a CCJ against me again attached. Has anyone got any ideas/ letters on how to get rid of them?

Many thanks

Attachments

: Intrum 2.pdf You don't have permission to download attachments.(1.7 Mb) Downloaded 10 times

by angelao1 Fri Oct 30, 2020 4:32 pm

I think I posted in the wrong forum can someone please move this to the debt section

Thanks

by **Mrblue2015** Fri Oct 30, 2020 4:32 pm

IMO just ignore it and let them hand it over to 'their' mickey mouse solicitors and just treat them as a DCA UNTIL if/when they ever send a 'Letter of Claim'.

OR you could send letter '3' again (i.e. that's the 4th letter you would have sent) BUT add the following at the end to make it very explicitly clear that;

"To date, you have still failed to evidence your claim to an alleged debt despite my three very kind offers in allowing you to do so (enter dates of your letters). As such, I reject and rebut your claim to an alleged debt, and I reject and rebut your presumption that I owe you an alleged debt. You are not above the law and you must lawfully evidence any outstanding debt by providing those documents that I have now asked for three times."

by **Mrblue2015** Fri Oct 30, 2020 4:33 pm

angelao1 wrote:I think I posted in the wrong forum can someone please move this to the debt section

Thanks

Done and replied Smile

by waylander62 Sat Oct 31, 2020 11:31 am

have they actually sent you anything at all, documents of any sort, in response to any of your letters ?

by angelao1 Sat Oct 31, 2020 1:55 pm

Thanks for getting back to me.
They only sent their standard letter but nothing else
As suggested by Mr Blue I will resend letter "3" again, I think they are trying to frighten me by threat of their legal department and solicitors or who ever as they seem to have bypassed the normal threats of bankrutcy etc

by **Mrblue2015** Sat Oct 31, 2020 5:02 pm

Yep it’s just idle threats and if Intrum really have sent you no documents to evidence the alleged debt, that’s truly bizarre...

Who is the Original Creditor (OC)? And is Intrum the debt purchaser? Or did another company buy the debt and Intrum are simply collecting on their behalf (ie Intrum are a Debt Collection Agent - DCA)?

Whoever the OC is, you need to get a Subject Access Request (SAR) over to them ASAP

by angelao1 Sun Nov 01, 2020 3:14 pm

Sorry being dense a SAR to the original holder of alleged debt or purchaser?

by **daveiron** Sun Nov 01, 2020 3:19 pm

Sar to original lender.

by **Mrblue2015** Sun Nov 01, 2020 4:50 pm

angelao1 wrote:Sorry being dense a SAR to the original holder of alleged debt or purchaser?

I did say to the Original Creditor Smile

by angelao1 Thu Nov 19, 2020 2:46 pm

Hi, The saga continues they said that they were passing it to a firm of solicitors and on the same day I got a letter of claim from (J&P) them in the same mail.

It would look like the solicitors are owned by Intrum or they have an interest in them as strangely I do not reply to them but directly to Intrum!

I have redone the last letter and also put in a SARS request to the original lender as advised.

So now restart the 3 step process as a DCA to the solicitors?

by **Mrblue2015** Thu Nov 19, 2020 3:32 pm

Most likely the 'solicitor' will simply act as a glorified DCA i.e. still there purely to collect on behalf of the (alleged) debt purchased by Intrum

What is the name of the 'solicitors' they are passing this on to?

I would just wait to hear from whoever this 'solicitor' is... Only if / when you explicitly get a 'Letter of Claim' would we respond with anything other than the standard 3 letters for DCAs.

Well done (SAR - Subject Access Request - nothing to do with the SARS virus! haha)

by **Mrblue2015** Thu Nov 19, 2020 3:35 pm

IF you are to re-start 3 letters for DCAs (i.e. call it letter 4...) then add the following paragraph as I suggest:

"To date, you have still failed to evidence your claim to an alleged debt despite my three very kind offers in allowing you to do so (enter dates of your letters). As such, I reject and rebut your claim to an alleged debt, and I reject and rebut your presumption that I owe you an alleged debt. You are not above the law and you must lawfully evidence any outstanding debt by providing those documents that I have now asked for three times."

by angelao1 Thu Nov 19, 2020 5:28 pm

Hi

Judge & Priestley, their letter said Letter of claim.

So do I just treat them as another DCA and 3 letter process, or start with letter 3 and add your paragraph?
Actually, I think the lot of them as SARS (the virus)!

by **Mrblue2015** Thu Nov 19, 2020 5:57 pm

Did their ‘Letter of Claim’ come with a long winded form to fill in with it? With tick boxes if you agree to the debt, dispute it etc?

by angelao1 Fri Nov 20, 2020 12:02 pm

Yes it did

Do I just ignore it and start 3 letter process? Mentioning that my previous letters have not been answered?

by waylander62 Fri Nov 20, 2020 12:40 pm

this does sound like a letter before claim so no you have done the 3 letters once and they have clearly ignored them.

you need to follow CPR rules now as this seems to be just one step away from a claim being issued against you in the courts.

a few questions that would help all to give an opinion.

1) have they sent you any documents at all to prove this claim? anything?
2) i cant see anywhere what this is for ? CC, loan overdraft ?
3) how old is this 'agreement' ?
4) have you already sent a SAR to the original creditor ?

by **Mrblue2015** Fri Nov 20, 2020 1:38 pm

While you answer the questions 1 to 4 for Waylander62 (make sure you do!)

Here follows how to respond to a Letter of Claim.

You must reply within 14 days from the date shown in the Letter of Claim

You must follow ALL 3 steps:

1. Filling out the form:
From the form, tick the box that days you DISPUTE the debt. You should also have a box that says allows you to enter a reason for disputing the debt. In this box say the following in bold:

As per the Practice Direction Pre-Action Conduct and Protocols, please find enclosed two letters:
a) A formal demand for you to supply the Consumer Credit Agreement plus associated Terms and Conditions in relation to the alleged debt, along with the £1 statutory fee (enclosed).
b) A formal demand requiring you to provide additional evidence in relation to the alleged debt.

(Do NOT fill in any income and expenditure form if they supply one!)

2. Letters a) and b) - the 'enclosed letters'
For letter a) write a headed etc letter and state the following in bold:

This is an official demand for a true copy of the Consumer Credit Agreement plus the associated terms and conditions in relation to the alleged debt, including the statutory £1 fee (please find enclosed), to be provided to me within SEVEN days of the post marked date of this letter.

(Also enclose a postal order for £1 and on that postal order, ensure you write in bold payment for Consumer Credit Agreement request only.)

For Letter b) write a headed etc letter and state the following in bold:

This an official demand requiring you to supply me with true, legible copies of ALL of the following documents in order for your client to evidence their claim to the alleged debt and to be provided to me within FORTY days of the post marked date of this letter: -

a) Any Default Notice served
b) Any Notice of Assignment served
c) Any Statements of account showing how exactly the alleged sums have become due
d) The Termination Notice
e) The Sale Agreement / Deed of Assignment evidencing their clients title to bring a claim

3. Photocopy all of the above (i.e. the form, your enclosed letters AND the postal order) for your own records PRIOR to sending an A4 envelope containing all of the original documents and postal order via Royal Mail Signed For delivery (better still, using their tracked service) ensuring the envelope gets to the solicitor BEFORE the 14 day deadline. I recommend you send off your envelope with one week to go at the very latest (don't risk leaving it too late!)

If you do not follow the above steps, they will likely issue a claim and then it gets harder (but not impossible) to fight...

by angelao1 Fri Nov 20, 2020 7:54 pm

Hi Thanks for getting back.
In answer to questions 1-4
It is a CC debt from an original agreement dated 2002 and they have not sent any documentation at all despite 3 letters.
I have now sent a SAR to original holder no reply as yet.
So I will fill out their form (no income details) and send it back plus the letters as per your instructions.
I will not leave it to last minute either.
I think they are trying to play hard ball to "frighten" me into paying an alleged debt.
I seem to recall something to do with a date on the consumer credit act 1974 (2007?) would that apply here?
Crossed fingers

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