Halifax Loan & intrum - now Link - now Statute Barred

[HP Mum]

I have received another PAP letter of claim from a dca.

I had already dealt with one letter of claim at the start of this year.

They had/ have never provided a valid DN.

 

Should I write and tell them or because this is a new letter of claim do I need to re-do the same as post 101 above ??

 

Edited November 25, 2020 by HP Mum

[dx100uk]

dca's don't send PAP letters solicitors do..

 

 

[HP Mum]

my mistake  Wrote the above very early this am  It is from a sols - aldridge

The same sols from Feb 

Edited November 25, 2020 by HP Mum

[dx100uk]

probably hoping you have moved then they'll use your failure to comply to file a backdoor CCJ.

reply as you did earlier, 

 

i haven't looked to see what the issues are with the CCA request returns from before but it must of been concluded something was wrong as you (eventually) stopped paying in 2017.

 

no need for a new CCa request this time.

as for the reason just put the debt owners have failed numerous times to send all the required enforceable paperwork requested 

[HP Mum]

Thanks.

Will dig out the previous one on my computer.  Hope I have it saved. 

My printer is broken so going to have to figure out how I print out!

 

If I remember right - they did provide a copy of my signed agreement.   It is the DN that they have never provided.

 

So:

Box D - I would add "have failed numerous times to send all the required enforceable paperwork requested" ?

Box I - I would amend to say previously sent CCA and £1 and the same addition "have failed numerous times to send all the required enforceable paperwork requested" ?

 

[dx100uk]

yes just vaguely intimate 'something' is missing..not what 

keep 'em guessing..

 

[HP Mum]

Just trying to get on top of this.  Have a couple weeks to reply but with Christmas looming I thought I'd get it out the way now.

 

So:

BOX D - I dispute the debt because ……………:

the debt purchaser has yet to provide any or all of the required documentation

And Box I -  I need more documents or information.....:

I have already requested by way of a CCA request + £1 fee for you to supply copies of a long list of documents.  You have failed numerous times to send all the required enforceable paperwork requested.

 

By adding I have previously submitted and paid for a cca request that would mean I don't have to do it again now?  And as you said DX, they need to then do the work to ascertain what they haven't provided rather than me spelling it out again?

 

If this is ok I will find a way to print it out and post (with proof) 

 

Just as a ps - going through papers they allege the account was assigned mid 2014.  Never got the DN

Edited December 2, 2020 by HP Mum

[dx100uk]

i would not change box i

don't give the game away.

 

[HP Mum]

not sure i understand what you mean dx?

i shouldnt mention the previous cca?  and should just write "You have failed numerous times to send all the required enforceable paperwork requested".

[dx100uk]

i would leave box i as our guide recommends

 

dx

 

[HP Mum]

I had a stroppy reply

They have attached a screenshot of the alleged DN.   They suggest this is now enough to take further action

They still don't have the original

If they don't have the original how can they provide a screenshot after all these year of not having any evidence?  Could it possibly be manipulated ?

 

[London1971]

I forgot, did you ever SAR Halifax? That should tell you the exact date a default notice was issued and sent out.

[dx100uk]

scan it up the complete reply... a screenshot has on numerous occasions lost dca's court claims..if its even real!

 

dx

[HP Mum]

Sorry for the delay - been sick... on the mend now.

 

I did a SAR ages ago.

SO - the sar and my own accounting records show I paid correct amount at the start of each month. 

I had some financial issues in 2005.  On a few occasions I missed the payment date - yet always made the payment later in same month or paid double the following month.  There are a few £30 charges in 05.   From end 05 to end 08 I didn't miss a payment.

 

Nov 08 I missed a payment.  From then on I only made token monthly payments.  But at this point they would not have expected me to stop paying because my payment history had been perfect for the previous 3 years.

 

Intrum letters have always advised "unfortunately, due to the age of the account the original creditor is unable to provide a default notice".

However, they now add "but we have enclosed a screen shot demonstrating that the default notice was issued, and are happy to rely on the same".

 

The DN screen shot is dated end Nov 08.

I had not even missed 30 days, let alone 60 days or months of payments!

 

The screen shot shows:

DFN total arrears = 1 month payment amount.   

DFN total due amount = 2 months payments amount  (** why? Next payment wasn't yet due)

Cycles delinquent at time of issue = 1

 

Why would the original creditor be issuing a DN in the same month payment was due, after 3 years of perfect payment history???

Intrum advise they will rely on the screen shot of this "alleged DN" to take action against me 

 

Sar statement shows a £50 charge in Dec 08.   I assume this relates to the DN?

 

Edited January 7, 2021 by HP Mum

[dx100uk]

asked you scan it up...

 

until/unless intrum reply to your PAPLOC reply...yours are not the next move

 

dx

 

[HP Mum]

Have attached covering letter reply to pap

redacted

not included all the financial statements - just the alleged DN screen shot which is dated in the same month of my 1st missed payment in 3 years of otherwise perfect payment history.

Halifax-Intrum PAP.pdf

[HP Mum]

Doesn't Intrum reply - as per the pdf scanned in post above - count as their reply that I need to now respond to?

[dx100uk]

Yours is not the next move

[dx100uk]

On 07/01/2021 at 11:11, HP Mum said:

 

Intrum letters have always advised "unfortunately, due to the age of the account the original creditor is unable to provide a default notice".

However, they now add "but we have enclosed a screen shot demonstrating that the default notice was issued, and are happy to rely on the same".

 

But if a judge ever would , would be be vary rare

[HP Mum]

Received another letter- saying haven't heard from me with a response to their pap reply and giving me 14 days of their intention to instruct sols to commence court proceedings.

Should I be now responding? Telling them that never received the DN and having checked the statements I note that their alleged screen shot and date would have rendered it invalid?

Edited January 25, 2021 by HP Mum

[dx100uk]

yours is not the next move

if they were so confident of a court win they would've done it years ago..

[fletch70]

Are Intrum FCA authorised ?

 

This is a post from a solicitors website 

 

Quote

 

On 24 April 2019 xxxxxxx xxxxxxxx was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on   because they had a valid servicing agreement in place with an affiliated 3^rd party who was authorised by the Financial Conduct Authority. It was accepted by both parties that there was a valid servicing agreement in place.  The issue was could the Claimant debt purchaser rely on paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party ( paragraph 55 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

 

 

 

Essentially , if a claimant is not FCA authorised they can not bring a claim - I am told there is some case law with regard to. Intrum 

[HP Mum]

Interesting.  I will check the papers !

[dx100uk]

intrum are registered

was 1st credit but renamed to hide the bashings they got from the FCA/FOS etc over their confetti use of Statutory Demands in the  1990's / 2000's

[HP Mum]

Thanks dx

 

Still nervous I should respond to their last threat letter reminding that the screenshot dn isn't valid