Intrum Court Action

by rewban67 Wed Feb 10, 2021 4:22 pm

Hi Intrum set up court case but do not have Original Credit Agreement,Have sent Notice Of Assignment,not Deed,that being my defence Are they bluffing,hoping for mediation settlement or will they persue in court? Thoughts please...

by **Mrblue2015** Wed Feb 10, 2021 8:25 pm

Hi there,

We shall require (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)
Enter your answer HERE:

2) What type of account is the alleged debt for? loan, credit card, overdraft etc?
Enter your answer HERE:

3) List ALL documents (if any) that you have ever received from the claimant (i.e. the debt purchaser) that they say evidences their claim.
Enter your answer HERE:

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 for as little as a penny since?
Enter your answer HERE:

5) Have you ever, in writing, acknowledged that the (alleged) debt exists / that you owe a debt?
Enter your answer HERE:

6) On what date was the (ORIGINAL) Default Notice issued? ONLY state the month and year NOT the DAY. If you don't have this information, 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. January 2019.
Enter your answer HERE:

7) 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!)
Enter your answer HERE:

8 ) Who are Intrum? A solicitor or the company that purchased the alleged debt?
Enter your answer HERE:

9) What do you mean by "set up court case"? Have you received a 'General Form of Judgment or Order' from a court?
Enter your answer HERE:

10) Or do you mean you have received a letter from Intrum that states 'Letter of Claim' at the top / includes a form for you to fill in etc?
Enter your answer HERE:

Please answer ALL questions and as concisely as you can please. If we do not understand your answers, it is unlikely we will be able to help you.

Thank you.

by rewban67 Thu Feb 11, 2021 11:44 am

Thanks for response However,I dont seem to be able to "write in"answers where requested

by **Mrblue2015** Thu Feb 11, 2021 11:47 am

On my post, select the quote button, fill in the answers, then hit the send button.

by rewban67 Thu Feb 11, 2021 11:54 am

Ok,will do this afternoon

by **Mrblue2015** Thu Feb 11, 2021 12:45 pm

In the meantime, and before someone is likely to help you any further, you must read the following link and the sub-links it refers to. It will ensure you ensure you fully understand the GOODF Process and what is involved.

https://goodf.forumotion.com/t4129-please-read-this-first

by rewban67 Thu Feb 11, 2021 1:33 pm

rewban67 wrote:
Mrblue2015 wrote:Hi there,

We shall require (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)
Enter your answer HERE:£7000

2) What type of account is the alleged debt for? loan, credit card, overdraft etc?
Enter your answer HERE:Credit Card

3) List ALL documents (if any) that you have ever received from the claimant (i.e. the debt purchaser) that they say evidences their claim.
Enter your answer HERE:Notice of Assignment Copy of Signed agreement(looks more like application form!)Copy of Credit Agreement Statements Oct 2009-Oct 2015 Court form N180 returned

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 for as little as a penny since?
Enter your answer HERE:No

5) Have you ever, in writing, acknowledged that the (alleged) debt exists / that you owe a debt?
Enter your answer HERE:No

6) On what date was the (ORIGINAL) Default Notice issued? ONLY state the month and year NOT the DAY. If you don't have this information, 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. January 2019.
Enter your answer HERE:04/2015

7) 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!)Not sure,but certainly not to DCA
Enter your answer HERE:

8 ) Who are Intrum? A solicitor or the company that purchased the alleged debt?
Enter your answer HERE:Debt purchasers

9) What do you mean by "set up court case"? Have you received a 'General Form of Judgment or Order' from a court?
Enter your answer HERE:Have received(and returned)forn n180 Notice of Proposed Allocation to the small Claims Track

10) Or do you mean you have received a letter from Intrum that states 'Letter of Claim' at the top / includes a form for you to fill in etc?
Enter your answer HERE:Before above N180 yes

Please answer ALL questions and as concisely as you can please. If we do not understand your answers, it is unlikely we will be able to help you.

Thank you.

by **Mrblue2015** Thu Feb 11, 2021 1:51 pm

(Just deleted my last post asking you to read up on the GOOD Process as you are now way past that. However, this is why fully understanding the GOODF process, and way before it gets to court, is so important. I strongly suspect that most people end up with a court claim because they have not properly followed the GOODF process / Pre Action Protocols etc)

Hopefully someone with knowledge of the courts process will be able to help. For what I can see in terms of the documents they have provided you with, they haven't provided all of the required evidence. As such, clearly they are taking you for a fool hence why they went ahead with a court claim...

A shame we are not in May already, because any alleged debt would have been Statute Barred by now.

by rewban67 Thu Feb 11, 2021 1:56 pm

I initially followed the"Three Letter Process"prescribed by GOODF years ago,but site appeared to have been hilacked and I have only just found this site Thanks again

by **Mrblue2015** Thu Feb 11, 2021 3:53 pm

Hopefully you'll find help here.

by rewban67 Thu Feb 11, 2021 4:00 pm

Just wondered if they would go through with court action or not Been through many DCAs over time Intrum being the latest After setting this up they promptly sacked off their solicitors,which I thought odd before a (potential)court case Perhaps they were hoping for resolution through mediation,just a thought

by **Mrblue2015** Thu Feb 11, 2021 8:04 pm

I’m not sure what you mean? According to you, the court has already sent you a form (N180) and so Intrum has gone through with their threat of court action. This doesn’t mean Intrum will win of course.

Apologies but I cannot offer you any more help from this point but hopefully one of our other members can.

by **daveiron** Thu Feb 11, 2021 9:05 pm

I presume you are defending the claim. In the meantime in the absence of
waylanders advice, you could try this to Intrum.

https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

by waylander62 Thu Feb 11, 2021 9:57 pm

in order to try and offer any type of assistance i would need a heck of a lot of information, sounds like this is about ready to be allocated to the defendants local court.

so i will keep it initially simple so i can gauge where we actually are with this.

could you answer the following.

i) intrum have taken you to court and you have received the standard claim form ?
ii) you have acknowledged service and decided to defend the whole claim?
iii) you submitted a defence of the claim?
iv) court sent you a letter stating they acknowledge your defence and will send a copy to the claimant who have 28 days to decide whether to continue with their claim?
v) next you received a letter from the court stating that this is now a defended claim ?
vi) you have received a copy of the claimants N180 directions questionnaire ?
vii) have you received an N180 from the court to fill in yourself ?

i think thats about where we are ?

for now anyway

by rewban67 Fri Feb 12, 2021 8:54 am

Hi Yes to all the above questions I have returned the completed N180 to N/ton

by **Mrblue2015** Fri Feb 12, 2021 9:01 am

I do not mean to be flippant, but a very important note to all who might be reading this post/thread:

PLEASE do not leave it so late to seek help (this example is very late)!

Why? Think of the bigger picture. I.E. not only does it put your chances of success at risk (and your chances of a CCJ more likely) but you're asking those - who give up their own time to freely help - to in effect 'drop everything' to help you, given that time really now is of the essence. And clearly that is not a fair expectation.

Thank you.

by rewban67 Fri Feb 12, 2021 9:32 am

As I explained earlier I followed the Three Letter Process all through but the GOODF website then vanished,and I have only just found this site Very sorry if its caused problems

by waylander62 Fri Feb 12, 2021 9:58 am

in respect of the N180 you sent back did you agree to attend mediation ?

most importantly i would need to see a copy of the claim form

and a copy of your defence submitted

then i would need to know what if anything they have provided you with in terms of evidence ?

also since they issued the claim what have you done about requesting documentation ?

this is about to be allocated to a court and a final hearing date will be set so you need to really get things moving in preparation to face their solicitors and a judge !!

by rewban67 Fri Feb 12, 2021 10:10 am

I did not agree to mediation How best to send you requested info?

by waylander62 Fri Feb 12, 2021 10:20 am

best not to put on the main site really so maybe in a private message ?

you would have been better off if you had ticked agree to mediation, shows the court you are willing to talk if the evidence provided is satisfactory ( which it hardly ever is )

what have they provided as evidence and....

what have you requested from them since the claim ?

by rewban67 Fri Feb 12, 2021 10:24 am

I was advised(from another site) not to use mediation process!

by **Mrblue2015** Fri Feb 12, 2021 10:45 am

rewban67 wrote:I was advised(from another site) not to use mediation process!

Well at least you have last ended up at the RIGHT site Wink

by waylander62 Fri Feb 12, 2021 10:51 am

rewban67 wrote:I was advised(from another site) not to use mediation process!

did they say why ?

the thing is you tick mediation and attend, if the claimant have NOT provided evidence to prove their claim then it will be deemed unsuitable for mediation, but that is not your fault, you are quite willing to mediate provided the claimant can fully evidence their claim.

has, for me anyway, resulted in the court ordering the claimant to provide those missing docs or the claim could be struck out !

not agreeing to mediation tells the court something completely different

just my take on it though,

would be interested to know the other sites reason for not offering to mediate

by rewban67 Fri Feb 12, 2021 10:54 am

They stated they had not been successful using that process

by rewban67 Fri Feb 12, 2021 10:55 am

By the way did you receive docs?

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