Jump to content

Pelf

Registered Users

Change your profile picture
  • Posts

    11
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Thanks for the advice Dx. I'll ignore their letter and see what, if anything, they do next. I'll post back if they do. I sent it as "signed for" purely so that I had proof that they actually received it. It didn't cost that much extra anyway. If Black Horse haven't come up with any data for the unsecured loan I doubt that Intrum have anything as I'm sure that they would have produced it by now! Thanks again. Pelf
  2. Hi all, I sent the CCA request (post 2 as suggested) by signed for delivery on 8 June to Intrum with the £1 postal order (I also sent a copy to their solicitors). They did receive this and I have their signature from Royal Mail Tracking (and the copy sent to their solicitors). I hadn't heard from them until yesterday (22/7/22) when I received a letter from their legal department stating that they sent a letter on 15 June and haven't had a response from me and are now giving me 14 days notice, from the date of their letter, of their intention to instruct their solicitors to commence court proceedings. As I did not receive their letter that they allegedly sent on 15/6/22, I have no idea of it's contents, so do not know if it relates to the completed Pre Action Protocol form / CCA request that I sent them. Do I ignore this letter and wait for them to commence court proceedings or do I respond and include a copy of the original completed form stating that I have not had a response from them and that they are in breach of the 12+2 days deadline? Incidentally, I had a response to the SAR to Black Horse and they have sent me some copies of letters and payment history but these all relate to the secured loan that I took out with them at the same time as the unsecured loan that is now with Intrum. There is is no mention of the unsecured loan or copies of either loan agreements in BH's response pack. I am not sure if BH have included everything that they currently hold on me, but I assume that the requirements of the SAR should include everything relevant and signed loan agreements if they still have them. Thank you in advance for your comments.
  3. Hi dx100uk, Thank you so much for your prompt response, your advice is really appreciated. My apologies for for not being as clear as I could have been in my post: All charges and interest relate to Black Horse when they were the owner. Intrum have not charged any interest or fees. Do I ask Intrum to change the default date back to the original default date (April 2013) or do I leave it for now? My last payment to anyone (Stepchange) was January 2017. I'm not sure if this has an adverse impact on my last payment dates, but Black Horse paid a small Recourse amount , to Intrum in October 2018 in respect of interest/fees which they may have incorrectly calculated prior to the sale to Intrum, which reduced the overall balance slightly. I'll do the SAR to Black Horse and the letter of claim post 2 as suggested. Thanks again. Pelf
  4. Hi Badtimes123, thank you very much for your prompt response. I live in England, so I'll do the letter of claim post 2 as suggested in your post. Thanks again. Pelf
  5. Hi all, I have received a letter from a solicitor company (Pre-Action Protocol) on behalf of Intrum UK Finance. They are stating that they need a reply within 30 days of the date of the letter. The letter took over a week to reach my address, so the number of days in which to respond is significantly less than 30! I have not named the Solicitor company as I can't find any reference to them on the CAG site. Therefore they may be able to identify me if I did. They are claiming around £8,000. They have included a reply form which includes questions relating to the debt (do you own the debt, owe some of it, don't know, dispute the debt, will pay the debt etc etc.) and and income & expenditure form. I have also received a letter from Intrum's legal department stating that they have transferred the account to the solicitor company to pursue the debt on their behalf which may result in a County Court judgement etc. Briefly the alleged debt is from: Unsecured Black Horse Loan of £6,000 in October 2008 for 60 months at an interest rate 1.84% per month. There was also PPI of £2,400 on top of the loan at the same interest rate which I cancelled in July 2010. Black Horse refunded around £950 and reduced my monthly payments by £20 per month. The £950 figure is is included in the £7,500 in payments figure below. Black Horse assigned the debt to 1st Credit in March 2013 (Default) The debt had grown to £8,000 despite me paying a total of £7,500 up to that point. There were approximately £7,000 in additional interest and £600 in late fees. I was doing contact work at the time and my income fluctuated depending on how many days I had work. In April 2013 I signed up with Step Change (stupid I know!) and paid a nominal amount each month to them up until January 2017 when Step Change cancelled the agreement because they alleged that I hadn't sent an updated I&E form (I had!). Intrum then recorded a default which is showing on my credit file as June 2017 (presumably overwriting the original Black Horse default). Intrum have sent me letters since that point with various offers (8% off, 65% off etc) and have tried to contact me by 'phone. I have ignored all letters and 'phone calls so far. I'm more than happy to upload documents providing I cannot be identified from them. My question really is do I respond to the Solicitor's letter or request the CCA? or do I ignore it and wait to see what the Solicitor company do next? I have a serious medical condition and am awaiting major surgery, so I would find it difficult to attend a court hearing if it came to that. Thank you in advance for your help.
  6. Thanks Andy, Sorry, I'm being really thick here, the particulars are not numbered in the claim, it's just a continuous string of sentences. Do I therefore number them and do I specifically respond to why the "defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the Claimant". I'm really not sure what I write here, is it not covered by "I am unaware of any legal assignment or Notice of Assignment from either the Claimant or (Original Creditor). Or do I just change the "(original creditor) to Capital One. Do I not mention that I've not yet had a response to the CCA request from Cabot? Thanks again for your help and apologise if I have misunderstood your response. Regards
  7. Hi dx, thank you for your response, yes, dopey me, the bit that is missing is (in bold) . ..make the minimum payments due & the agreement was terminated. The Agreement was assigned to the claimant.... Well spotted! No idea why I put in no. 3, do I not reference CCA at all and leave that section out (i.e remove no. 3 and change the numbers of the remaining defence points)? Other than that, is it ready to go? Presumably, I won't need to type the particulars of claim again in the defence section of MCOL as it's already on the claim form. Thanks again for your invaluable help.
  8. Hi, thank you dx for your much appreciated advice and thanks renegadeimp for your comments. My apologies for the late reply as I don't get home until late evening. My defence is shown below: Particulars of claim: 1.By an agreement between Capital One & the Defendant on or around 1307/2004 (the Agreement) Capital One agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was assigned to the Claimant. The Claimant therefore claims 6000 Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with (Original Creditor) . 3. Paragraph 2 .......... I am unaware of any legal assignment or Notice of Assignment from either the Claimant or (Original Creditor). 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © evidence any Notice of Breach or Notice of Sums in Arrears. (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request have stated that they do not hold the documentation and have passed my request to the Claimant who may in turn need to liaise with the original creditor. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I have copied the above, and hopefully amended where necessary, from examples elsewhere on the forum. I apologise in advance if I have missed anything out or have included anything irrelevant. I'm not sure if I should replace the words "Paragraph" with "Sentence" as they're not really paragraphs! I'd be grateful for your comments and any further advice. As dx helpfully pointed out that this defence is due to be received by the court by 4pm on Friday 12th February, as presumably, day 33 falls on the weekend when the court is closed. Many thanks for your time and effort in assisting me with this challenge. Regards
  9. Hi, I have now had a response from the CPR letter stating that they are willing to agree an extension to file a defence and I need to notify the court in writing of the agreement. Do I send the court a letter with a copy of the solicitors letter, or do I do it through MCOL? They also want to know what documents I have in my possession as they believe I may have already "inspected" them on various dates in the past as they would have been sent to me by another party such as the original creditor. They also say that they do not hold the documentation and have passed the request to their client who may need to liaise with the original creditor. Do I tell them what I do or do not have? I have not yet received an answer to the CCA request from the claimant (sent on 21 Jan). Thank you.
  10. Thanks Andy for such a speedy reply. I'll register online. Regards Pelf
  11. Hi, I am looking for some advice on how to proceed with a claimform I have tried my best to complete the CAG template (below). Name of the Claimant ? Cabot Financial (UK) Limited Date of issue – . 13 Jan 2016 What is the claim for – 1. By an agreement between Capital One & the Defendant on or around 13/07/2004 (the Agreement) Capital One agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 6000.00 What is the value of the claim? £6,000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before (2004) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. (Cabot). Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes, September 2010, giving me 28 days to clear arrears, I wrote back saying I couldn’t and sent I&E etc. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, not to my knowledge. I tend to keep all financial documents sent to me and I can’t find anything from either Cap One (other than above) or any DCA. I’ve had a couple of cards with “Confirmed resident” stamped on them in 2012 and 2013. A few months ago, Experian showed the default dates as October 2010. Why did you cease payments? Feb2011 What was the date of your last payment? February 2011 Was there a dispute with the original creditor that remains unresolved? Yes, PPI claim of £1300 from 2004 to 2006. I got nowhere with Cap One, so went to the Ombudsman (FOS) in 2011. In July 2014, they rejected my claim and I registered with the FOS that I disputed their findings as I didn’t feel that they had fully addressed the points raised in my complaint. As their findings were final I have not done anything with it since. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I Wrote to Cap One in October 2010 into early 2011 chasing a response. They eventually wrote back saying that it had been passed to Friedrickson DCA and they were no longer dealing with it. I also wrote to Cap One about the PPI and they rejected it, hence the reason for going to the FOS. I wrote back to Friedrickson telling them I was disputing the amount with the FOS and have heard nothing from them since. Based on previous answers and advice on the forum, I will send the CCA request to Cabot tomorrow, presumably, I'll also need to send the CPR 31.14 request to Mortimer Clarke for further information as well. As far as the County Court forms are concerned, do I just complete the Acknowledgement of service form and leave the everything else blank? Do I tick 1. Intend to defend all of this claim as, depending on what comes back from Cabot/Mortimer Clarke, I don't know whether I have a defence or not? No doubt, I will have more questions further down the line, but I want to get the County Court form completed as soon as possible (certainly well before their deadline of 1 Feb?). I've never been in a court in my life, so this situation is somewhat worrying to say the least. Thank you.
×
×
  • Create New...