intrum threatening to lift stayed case

Hello anyone who maybe able to help.
Intrum bought debt off Tesco.
I went through 3 letter process which resulted in court case filed. however it was Stayed.
A year later Intrum have sent their OWN DEFAULT NOTICE for the debt and are threatening to lift the stay if i don't pay.
Can any one advise on what to do please. Searched forever to find similar posts but none are helpful to this situation.

would need to know a lot lot more

such as did they plead a default in their claim ?

what sort of defence you submitted.

almost impossible without more information.

Agreed with Waylander62, we need (a lot more) information.

Please answer the following questions very clearly and make sure it is clear which number your answer goes against:

(These are standard questions, so apologies if you have already answered but please do answer again below)

1) How much is the alleged debt for? Please do not state the exact amount and only round UP to the nearest £1K to protect your identity)

2) What type of account is the alleged debt for? loan, credit card, overdraft etc?

3) Have you sent a Subject Access Request (SAR) to the Original Creditor (OC) i.e. the company which first issued the loan, credit card, or overdraft? E.g. HSBC or MBNA (Note: NEVER send a SAR to a Debt Purchaser!)

4) Once the alleged debt defaulted (i.e. when you received a Default Notice from the credit card or loan provider) have you EVER made a payment even for as little as a penny since?

5) Have you ever, in writing, acknowledged that the debt exists / that you owe a debt?

6) On what date was the Default Notice issued? Or, if you don't have this information, can you check a credit reference agency e.g. Clear Score (which is free) and locate the account against either the OC or Debt Purchaser and on there you'll find the 'Default End Date' e.g. 31/01/21
NOTE: Only provide us with the month and year NOT the day, to protect your identity)

As per Waylander62:
7) Did they (Intrum) plead a default in their claim?

8 ) What sort of defence did you submit?

Thank you.

Thank you for your reply and help.
1. £2,360.52
2. Credit Card
3. Not sent SAR
4. Tesco sent a default Notice letter saying a Default notice has recently been served, but that is all I received. I Have made £1 payments to, Tesco only, since that letter. NO PAYMENTS EVER MADE TO INTRUM
5. Never acknowledged in writing that debt exists/ that I owe debt to Intrum or Tesco
6. Tesco Default Notice letter only saying one had recently been served was dated July 2010
7. I think so. where do i find that info out(sorry to be so thick)
8. Denied any monies owed and have not recieved any proof of debt as requested
I hope i have answered what you need and thank you for your help

The only default notice letter i have received from intrum the one I am asking for help with that came a few days ago. i did not have a default notice letter sent to me before they took me to court ( i hope that makes sence)

Sorry , I mean I only had a default notice from Tesco before going to court not one from Intrum.
I think Intrum took me to court for defaulting on Tesco default notice.
I can't seem to find a copy of the court claim, i have only copies of my defence.
Sorry iam so out of my depth with all this. I have tried so hard to do everything right but don't really have a clue on what I'm doing

This is the letter sent a year after court stayed. I don't know what it means or what i should do next. Please can you help

Intrum
Private & Confidential

Our ref:
Dear Madam,
lntrum reference number:
Account purchased from: Tesco Personal Finance PIc
Date purchased: 17 10112019
O ri g i na! c red itor reference : l
IMPORTANT. YOU SHOULD READ THIS CAREFULLY
This is a Default Notice served under Section 87(1)
of the Gonsumer Credit Nct 1974
This notice is being given in compliance with FCA rules due to you being behind is sums payable
and is without prejudice to our claim number. and our contention that a default notice
was issued to you by Tesco on 1710812010 ln accordance with your agreement ("Agreement') with
the account number set out above, you are required to make the minimum_monthly repayments
You have breached this Agreement because you have not made the agreed monthly payment as
they fell due each month. Your account is now past due. ln order to remedy this breach you must
pay the due amount of f2359.52 in full by 1210212021.
To make a payment please contact lntrum on 01737 228349.
lf action required by this notice is taken before the date shown no further action will be taRen in
respect of the breach. lf you do not take action required by this notice before the date shown then
the further action set out below may be taken against you.
This notice does not take account of default sums which we or Tesco have already told you about
in another default sum notice, whether or not those sums remain unpaid.
We refer to our letter dated 1310912019 which confirms that you have received documents for this
account. We will not be incurring time and expense in sending them again unless you would like to
pay our reasonable copying costs.
12 January 2021
Postal Address:
The Omnibus Building
Lesbourne Road
Reigate, Surrey
RH2 7JP
legal.uk@intrum.com
01737 228349
www.intrum.co.uk
Mon - Fri 09.00am - 5.30pm
Sat - Closed
Registered Office:
The Omnibus Building
Lesbourne Road
Reigate, Surrey
RH2 7JP
Investor in
Customers.
Gotd 2017
Authorised and regulated by the
Financial Conduct Authority for accounts
formed under the Consumer Credit Act
1974 (amended 2006). Registered No.
03752940

on the back of the above letter it says

If you do not pay the amount due in full by 12/02/21 we shall continue with the proceedings numbered xxxxx by lifting the stay and seeking judgment against you for the ballance outstanding under the agreement.

i still can't work out if this is a tesco default notice ?

in your original post you said they sent one of their own default notices ?

i really am having trouble understanding your last post

So sorry for confusion.
T he last letter sent at 11.09 is a default from Intrum and I don't know how to respond to it. It has been sent a year after court stayed

it can t be ?

i think they are trying it on, without prejudice is that it can't be used in court which says a lot.

still would need to see a lot more info before being sure as to what they are trying particularly their pleadings.

i assume they have never provided a copy of the original default notice allegedly sent by tesco. in 2010 ?

No not sent origional default notice from Tesco, only a letter transfering rights to account.
I have never actually received a Default notice from Tesco either, only the letter saying one had been served.

i think they are trying it on and frighten you, however it may not stop them from trying these people will try anything.

i need to look deeper into this.

Agreed with Waylander62. In essence, they are full of sh#t BUT we still can’t take our eye off the ball...

I wonder if it is in fact illegal for a debt purchaser to create a default notice? Surely it must be? Maybe even telling them / warning them of that could in fact scare them?! Perhaps also ask them to prove (provide evidence) that the default notice - which is a FINANCIAL INSTRUMENT - that they have provided is the one that the Original Creditor (OC) would have issued in relation to the alleged debt. That will push them into a corner IMO...

Thank you Mrblue,
Waylander is checking some things out for me too so i will wait to see what he comes back with too
I appreciate your help too

You're welcome, Waylander62 is 'the man' when it gets as far as the courts