Well you can believe her or me Andy and all the cases I have advised on with variations and stays...some courts are 3/4/ weeks behind on processing paperwork/applications.

Think about it logically...in the process or possessed...the law ?

With regards to IND simply inform them on the 14th day that you are seeking legal advice and will revert back to them in 14 days.

Not saying I don't believe you Andy, as I do,

just completely differing info and advice from what you said and I wasn't expecting them to say the complete opposite.

Could take weeks just being in the system before it gets filed to be looked at I guess!.

Think the 14th day is up next Tuesday so will write back over the weekend and post first class Monday. Might even email them on the 14th day to just to cover myself.

Though with regards to the level of info IND are demanding, bank account details, numbers etc and full employer contact details they did say that was probably to attempt an attachment of earnings order directly with the employer, which they would never get due to such low income.

Though when we filled the form out I was somewhat took back and annoyed that for the purpose of the varying order form the courts CAB also said we had to include income from other members of the household such as a partner or any children!.

I don't get that at all, the order was against me and me alone, not the household or others within it, just myself being liable. So on what basis does the varying order form need any income details of persons not related to the order or even children?.

By the way,

called welcome finance the other day to, they just wanted to confirm my name, previous addresses, address from when the account was taken out and contact number.

They said they will now pass the claim onto the relevant department to process it.

Well some sort of news on this,

heard back from the court today regarding the varying order application.

The court has accepted it and as per the courts CAB department suggested offer the court has ordered the sum to be paid back at just a nominal rate per month and a letter off IND to say they've accepted it despite an estimated 37 years at the ordered rate to pay back!.

So no risk of further enforcement action now I guess as long as the stated payment is made each month, which is something.

This kind of raises a question on what happens with regards to the PPI and fees if it they get refunded at some point in the future?.

Will that have to go via myself or the original creditor to IND?.

As the court order is quite clear,

I make the payments as otherwise how would there otherwise be a record of sent and received payments?.

If it went directly to IND via the original creditor to reduce the amount,

I'd have to rely on dodgy welcome finance or even more dodgy IND being honest to confirm and prove payment was sent and received!.

If it came via myself could I not use it as leverage to get them to accept a reduced final settlement offer seeing as the court order makes no stipulation about increasing payments at any point beyond the nominal amount?.

Obviously I want it all paid and settled sooner than later,

just wandering if now the court order regarding repayments is in place if a reduced final settlement offer could ever be an option or seeing as a court order regarding to amount has been set it's all a no go as far as an early reduced settlement offer in the future might go?.

Going on my history. You claim back from FSCS if you are awarded anything it comes off the balance.

But I had to chase for it in writing off both welcome the FSCS to where the money had gone.

As the debt buyer was chasing money which was the total incorrect figure and 8 grand looked like it had disappeared into fresh air.

Seeing as it's an issue that's been to court and the sum has been awarded by the court then I just can't see how any PPI refund would simply just come off the amount owed seeing as the debt is now owned by another company not involved in the PPI claim?.

As we have welcome finance the original creditor who late last year sold all interest in the claim to IND & IND the current claim owner who gained the CCJ for the total sum including PPI & fees!.

I'm slightly concerned if welcome still have any account details they will simply adjust the amount claimed on their own account, despite having sold the account to IND, then ever pass on any PPI refund in a physical sense!.

Obviously if welcome finance fail to comply with the PPI refund claim (which I have to try first)

then I'll be going via the FSCS, but like above how and where would any refund physicaly go as IND are nothing to do with it part of the PPI claim and welcome finance don't own the account or claim?.

Cruzhughes, since your issue could mirror mine, have you found out what happened to the PPI refund and where it physicaly went?.

Normally it wouldn't when sold but it's different with Welcome. Anything after 2005 will go straight to FSCS

Yes that took 6 months. As I didn't have any proof.

I wrote to Welcome then confirmed they had bought that much of debt back from prime. I had to push to get this info. Cos it seemed to me someone had pocketed it. And I was still mine the wiser to who.

As the debt buyer was chasing a higher sum.?

But it took ages for prime to admit they were in receipt of it and alter any balances.

Have a look at my thread but last 4/5 pages

Andy.

Welcome will refuse the PPI claim

you'll be off to the FSCS

under FSCS rules it doesn't matter who owns the debt

if its still live it will go off the balance directly.

i'd like to see you break the mould though.

no better candidate..

Thanks DX, I know I've a bad habit of over thinking things etc.

this isn't an active account any longer but a debt owned by a separate company awarded by the courts?.

how would the balance owed to IND simply reduce after any PPI refund seeing as the account is assumingly still with welcome finance, yet the debt side sold to IND?.

IND even after the PPI refund eventually gets awarded wouldn't simply reduce the amount on the say so of welcome finance as IND bought the debt as it was before any PPI and fee refund would be claimed?.

So assuming if it goes via the FSCS as you feel, they, the FSCS would then want the debt and contact details for IND then?.

Would sooner it go via myself as due to order of the court and to prevent any dispute I'd sooner deal with the payments directly as I want direct proof being liable for payments myself.

Besides, what's to say welcome won't have a buyout clause or make claim to the FSCS as the account is still owned and technically active any request and refund goes to them than IND?. I still see more fun and games for quite a time yet

Cruzhughes, going to read your thread in a bit.

no the debt still exists

whomever has it

the FSCS will simply reduce the balance by any reward go read their site.

sadly thats the way it will go .

The hardest part will be tracking down where the FSCs send it. And what that company does with it..... and the correcting of any outstanding balance.

The claim bit is easy

several weeks ago I received a letter from a company called "Intrum" to say how they had taken over IND or their debt accounts etc or something and now service said account and that if a payment plan is in place then nothing will change as to pay as normal etc. 

The payment plan being to pay the payment set via the court\ court order every month via an account which has been paid without issue at my local post office.

Today I receive another letter from "Intrum" to confirm the previous letter and payments via current payment method. 

But they state that they have not received any payment as expected and therefore they do not have a repayment plan in place. 

This is NOT true, 3 payments made since first Intrum letter (receipts to prove) to the amount agreed and set as per court back in 2017.

Intrum then say how I should contact them in the next 14 days to agree a payment plan that is affordable and sustainable etc.  

Any advice on this as the debt was assigned to IND, they won at court, the court set and agreed the payment and payment has been made monthly without fail?.  

threads merged.

you are not the only one.

Thanks DX, glad im not the only one. 

Though I've not received anything from IND to state and confirm they have sold the debt, their accounts, or themselves to Intrum, just a claim by Intrum to state they are now servicing the outstanding balance with the original welcome finance & IND account numbers and monies owed.  So not exactly sure if they have bought the debt or simply servicing it on behalf of IND.

I guess I'll be writing to Intrum & IND to ask them to confirm the assignment from IND in the first instance. 

But as the debt has already been assigned to IND by the courts and an agreement for payments set by the courts and payments being made and accepted via post office payments I'm unsure on exactly where Intrum are going with this seeing as the court order has been complied with?.

they've simply purchased a whole portfolio of old welcome debts handled or owned by IND.

nasty bunch anyway.

always lie and cheat debtors

but then so are 1st credit.

the issue might be that your slip payments are going to an unknown A/C now.

i'd ask IND where have the payments gone since xxxx date.

as this is subject to a judges orders, I would pers switch to bacs payment to 1st credit. now drop the slips they have caused issues in the past too. 

Thanks DX,

will be writing to both as I'm not paying both parties and until I've confirmation off IND that Intrum now own the debt then I won't simply take Intrum's word for anything without evidence from IND. 

Though the first Intrum letter said to pay as usual if a payment plan was in place, which it was. 

Paying over the counter at the post office was a method suggested by IND as like hell were IND getting bank account details for direct debit purposes.  But as said, nothing from IND to say to cease payment to them either or offered an alternative account number to pay to.

If I get the confirmation and bacs details then yes, I'll pay that way.

But can Intrum simply ignore the fact that this is an issue that has already been to court, resolved and payment set by the court and insist of renegotiating the debt and payments as if its never been to court simply because Intrum have bought the debt itself?, surely the order and payment ordered by the court still stands?.

no ofcourse they cant over-rule what a judge ordered.

Thanks, that was a concern in that are they trying to circumnavigate that this is something that has been to court by making out they have bought the debt and so not obliged to stick to the court set payment.  

Of cause, it could be Intrum might be unaware that this has been to court, as they are trying to say I need to arrange a payment plan with them directly.  Either that or they think they can increase payments from me by suggesting I need to arrange an affordable payment plan as nothing is in place with them.

Either way, letters going off to both today, IND & Intrum.

letters went off last week

pretty much questioning clarification from them stating as this is a debt that's been before the court and an order to pay IND themselves that I can't and won't stop payments to IND and instead pay this Intrum company

unless I get something from IND themselves or clarification to confirm the arrangement they have with Intrum as I've had nothing from IND. 

But also made it clear I've continued to comply with the court arrangement and paid in the usual method as  per IND offer for which has been accepted.

But in reading over the first Intrum letter it makes for confusing reading.  As Intrum claim to be the servicer of the debt owed to IND. 

But also state that IND has been acquired by the Intrum group. 

Further down it mentions IND is the legal owner of the account? .

Thread moved to Financial Legal Issues forum....please continue to post here to your thread.

Regards

Andy

I got a reply from Intrum today, and looks like they are choosing to ignore my previous letter asking for some form of evidence of ownership or management of this debt from them and IND seeing as they claim to have acquired IND. 

I also pointed out to Intrum that this is a matter that has been before the courts and a payment plan has been set by the courts and has been kept to.

Their reply is shorter saying about being aware that IND have been working with me in relation to the matter (though not heard from IND since they agreed to the court set payment plan 2017).  And they they (Intrum) don't have a repayment plan and assure me that I can discuss a payment plan with them.

And that making payments towards the debt (which I am to IND until they confirm the sale or instruct payments to Intrum) will bring me clearer to clearing it and releasing any potential judgement.

Any advice?, as thinking to both write back and email the same letter to prevent claims they have not heard from me.

why not .....tie them up in knots

I just get the impression & feeling they will, like ind, try foul play to try and impose a default of sorts on this. 

As said, they look to have totally ignored my letter to them instead inviting me to make a payment arrangement with them for a second time citing it would reduce the risk of judgement.

For clarification,

seeing as I've not heard anything from ind regarding this sale,

where do I stand legally regarding payments?. 

These are still going to and being accepted by ind at the post office,

so legally Intrum can't ever accuse me of defaulting on the court order?. 

despite the confusing letter from Intrum claiming to have acquired ind  but ind own the debt that I should be paying Intrum instead etc. 

Well how can Intrum not be aware of the court arrangement?.

So, I get a reply of sorts off Intrum this week and I'm still non the wiser and had nothing directly clarified on my points and questions asked at all.

As they say they have completed a review of the account and can see the (correctly stated payment amount) payments have been paid directly to Ind on a monthly basis and even thanked me for continuing to make payments.  They also say they have now setup the repayment plan on their systems and to prevent any unnecessary letters from them to pay Intrum directly from now on instead of Ind.  

I've included the letter here for reference, but wandering on the correct action as still not had any clarification off Ind and very reluctant to change who the payments go to until I get that clarification off both sides.

2019-05-10 Intrum pay us not IND.pdf