Intrum Justina/HL Legal claim Secured Welcome Finance debt***Claim Discontinued***

[mikecymru]

hi

 

Ive recieved a claim form - Intrum justia ltd

Issue date 4th november

Service acknowledged but I need help of what to do next.

 

Its in relation to an old debt with Welcome finance - claim is for best part of 30K.

(my ex wife is also named on the claim, we are not in touch)

The debt doesnt show in my file.

 

Ive no paper work relating to it..

 

Can someone point me in the right direction?

 

Thanks

[theoldrouge]

please answer the following as fully as possible

 

thread moved to financial legal issues as claim issued

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%282-Viewing%29-nbsp

[citizenB]

So this is a joint debt ?

 

Has the claim been issued in your name only and is there anyway you can make contact with your ex to establish if a claim has been issued against her as well ?

 

Once you have provided us with the answers to the questions oldrouge directed you to, we can then move forward with helping you.

[dx100uk]

you should be an old hand at this looking at all the wins you've had already

 

 

dx

[mikecymru]

Name of the Claimant ? Intrum Justitia limited

 

 

Date of issue – 4th November

 

 

def date: - 7th December

 

 

What is the claim for – the reason they have issued the claim?

 

 

Monies due under a regulated credit agreement number XXXXXXXXX

between welcome financial services and the defendant

The agreement was terminated upon the defendants failure to comply with the terms of the agreement.

Any payments or agreements should be directed to the claimants solicitors on....XXXX

 

 

What is the value of the claim?approx 30k

 

 

Is the claim for a current or credit/loan account or mobile phone account?

Credit agreement secured on property

 

 

When did you enter into the original agreement before or after 2007? Before 2007

 

 

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.

assigned to the debt purchaser (but I dont recall a assignment letter)

and the Debt purchaser has issued the claim.

 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

No I did not, but I moved house. so it may not have found me?

 

 

Did you receive a Default Notice from the original creditor? I dont recall

 

 

- Have you been receiving statutory notices headed

“Notice of Default sums” – at least once a year ? No,

but as mentioned i have moved a few times.

 

 

Why did you cease payments:- Breakdown in previous marriage and home repossessed.

 

 

Was there a dispute with the original creditor that remains unresolved?

The payment should have been taken from the sale of the house

and i didnt hear from the creditor since.

 

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

No.

 

 

The credit agreement was a joint with my ex wife.

She is also named under her married name,

although after the divorce she changed to her maiden name and since remarried.

The claim form states her married name(Original) and our old address.

Only my address is current.

I dont think she has been served,

I have no communication with her to find out.

(She also went bankrupt shortly after our divorce, but i dont know the details.

That is approximately 4 1/2 5 years ago.)

 

 

I am in the process of sending CPR and CCA.

The debt doesnt show on my credit file.

Edited November 17, 2014 by mikecymru
paragraphs

[dx100uk]

who are the sols please?

 

 

when was the home repo'd?

when did you last pay?

 

 

dx

[dx100uk]

have you ack'd the claim defend all?

[mikecymru]

Sols are : HL solicitors

 

 

- Redditchhome repo - sometime in 2011

 

 

- I walked away from the house 1 year earlier and have no correspondence from anyone since.

 

 

The mortgage payments would have stopped some time prior to january 2011.

 

 

My ex walked from the home in 2011 and was paying the mortgage herself for 4-6months earlier than this date from her account,

I dont know when they officially stopped.

 

 

I have acknowledged the service on MCOL and ticked i Intend to defend all of this claim.

 

 

re: CPR request

I have a template which has the line Although your claim is for a sum which is not more than £10,000.00

and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence

but in this case its more than 10K so what should i respond with? and

 

 

I guess given the sum its not likely to be small claims - how will it track?

[AndyOrch]

No point making a CCA request on a value of that amount....the agreement will be unregulated if its a balance from a mortgage (or secured loan) which exceeds 25K.

 

Regards

 

Andy

[mikecymru]

Hi Andy,

 

 

ok what should I do...?

 

 

Its a big one, so I dont want to fluff it...

 

 

Do I still proceed with CPR? if so how should I word it?

 

 

Obv..I need to prepare a defence and right now I cant.

.. no paperwork.

 

 

..Whats interesting for me is are two things.

 

 

- The house was sold with a secured debt and the claimant/finance company got nothing?

 

 

- I just checked up on all of my old Credit files.

 

 

The name intrum pops up for a three month period from July'14 to September '14 and then vanishes?

 

 

I smell some not lined up paperwork going on from their side,

 

 

I'd hate to get a default judgement if there are some gaps....

[dx100uk]

as its IJ and an old welcome 'debt' behind it

you can bet your bottom dollar it's a fleecing exercise.

[AndyOrch]

You need to use CPR 31 to request information as to what the debt exactly is and how they equate that sum.You state your ex filed for Bankruptcy...would you know if she included anything with regards to this debt?

[mikecymru]

You need to use CPR 31 to request information as to what the debt exactly is and how they equate that sum.You state your ex filed for Bankruptcy...would you know if she included anything with regards to this debt?

Hi andy

 

Do you mind if I send you an example to check if it's ok?

No I don't know what was included..

We don't speak

[AndyOrch]

No need to ...I can see what they state in their particulars.....which are very vague...but they do refer to a " regulated "agreement so it may be that the loan was less than 25k at time of inception the above may be penalties and interest that have pushed it through the threshold.Therefore do send a section 77 request (CCA)

 

It may be prudent to also use a CPR 18 with the added threat of asking them to re plead their particulars in line with CPR 16 in case they fail to cooperate.

 

Because the debt is joint and several...hence the question I raised above with regards to your ex ...it would be wise to confirm with her what exactly she knows of this debt.

 

Also would be wise to check your credit files to see if this is still showing.

[mikecymru]

Hi Andy,

 

Ive searched a fair bit for the CPR18 and CPR16, its not something Ive done before.. is there a template?

 

also do I send them all together or separately?

 

Confused...I really want to get these off tomorrow, so I need to prepare them tonight.

 

I have checked my file and its not on there. and as far as my ex goes well we dont speak at all so thats a non starter.

[AndyOrch]

CPR 18 and the process...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

CPR 16 .2&4 is the Civil Procedure Rule Practice Direction you use if they fail to comply...when a claimants particulars are inadequate.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16

[mikecymru]

Thanks andy

 

sorry to be a pain.

 

..what goes in where the XXXX's are?

 

The finance companys name?2.

 

What is the XXXXXXX account number shown on the Deed as being the Claimants/Defendants account?

 

Also I send this to the DCA? or sols?

 

And you mentioned using CPR16,2 but I dont know where to tag this?

 

on the bottom of CPR18

- which is something I thought you couldnt do reading the notes.

 

..I know these are basic questions to you maybe but im struggling with the lingo a bit...

 

oh and do I sign CPR18 with a real signature???

[AndyOrch]

The template is just to show you how to set it out mike so disregard the points raised in that example..

 

 

.you write your own.CPR 18 should not be used as a fishing exercise.

 

 

.you cant request documents only answers to various points you wish to raise.

 

CPR 16 is the civil procedure rule all claimants should follow when drafting their particulars of claim..

.so you are referring to CPR 16.2 and in particular CPR 16.4 as the reason for using CPR 18 to clarify its particulars.

 

Your closing paragraph after your requests should read something along the lines of...

 

 

...after the 7 day notice...

 

Because you have failed to particularise your particulars with any concise statement pursuant to CPR 16.4 (1a)

failure to comply to this request will leave me no alternative to make application under CPR 18 to comply or represent further particulars.

 

 

I trust that this will not be necessary and look forward to your speedy response and clarification.

 

Now you just need to draft what you wish to know.

[mikecymru]

am I allowed to ask them to prove how the sum arrived at the amout shown?

 

CPR 18 request , 7days or 14days?

[AndyOrch]

I personally would allow 10

[AndyOrch]

am I allowed to ask them to prove how the sum arrived at the amout shown?

 

Yes ask them to quantify the amount and how the figure is arrived at.

[mikecymru]

great andy thanks... almost done and ready to post... :)I send CPR 18 to DCA or sols... Im guessing sols?

[AndyOrch]

Solicitor..send rec delivery or receipted as proof of postage.

[mikecymru]

Solicitor..send rec delivery or receipted as proof of postage.

 

All sent recorded... thanks andy

What can I expect now...

Is there some further reading I can look at in preparation for defence?

[AndyOrch]

Read and read similar threads with the same claimants/solicitors or amounts and get to understand the process and arguments...in particular the need for a default notice and unenforcible agreements etc........in the meantime keep an eye on the status of claim and your due defence date.