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Hi everyone,

 

A family member (FM1) has received a threat of starting bankruptcy proceedings for an old Halifax loan from Intrum, with a few 'letters' being received the past couple of months. Sadly, due to a serious illness the family member is no longer able to handle any finanical matters and another family member (FM2) has power of attorney for financial matters and takes care of the financial matters on their behalf.

 

Unfortunately though, as it was a joint loan, that was in both the name of the FM1 that has suffered the serious illness, and also FM2 who has POA. That said, at the moment they are only writing to FM1, but obviously FM1 wouldn't be able to go to court etc. as is no longer unable to speak more than a few different words and communication is extremely difficult.

 

On looking at the details it doesn't initially appear that the debt is SB, but it is no longer on any credit file. Does it stay on a credit file for 6 years and 3 months after the last COA, even if the last COA was with a debt collection company? As it appears some payments may have been made to a DCA prior to Intrum, within the last 6 years.

 

So, the question is now, do we wait and IF they issue a bankruptcy petition, then fight it then? Or do I send both a CCA and CPR31.14 now to try and stop them in their tracks?

 

Many thanks.

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Please will you start off by giving a much more detailed account of the loan.

You should certainly send for a CCA.

It's difficult to imagine that they going to attend bankruptcy proceedings. Please will you post up the letter

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It was a joint personal loan that was taken out around 12/13 years ago. I believe some payments were made to a DCA around 4 years ago, although it's now been 'passed' to another DCA. It was over 6 years ago that the account was defaulted and is no longer showing on either credit file.

 

This letter was received about 10 days ago, but since then they have sent another letter, claiming the debt has been passed to their legal department to commence proceedings. I appreciate that is yet another 'scare tactic' as normally they'd just go ahead and do it. Interestingly too, in among the frequent letters from Intrum, only last month they were offering a discount only last month!

 

Redcated letter attached.

intrum_redacted.jpg

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And how much is this debt ...over 5 K ?

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cant hurt you.

post it up

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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The only other info the letter contained that wasn't personal info is the amount which is between £8-8.5k and the date it was 'purchased', which was November 2018.

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who were the other dca's bet they were just chasers for Halifax and didn't own the debt.

its unusual for debts to be sold between buyers

 

 

Thread moved to Halifax/BOS Forum

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Yes, it does look like they were just chasers for the Halifax. Mainly Moorcroft, Westcot, Robinson Way and 2F.

 

It does look like the Halifax owned the debt until November of last year.

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So what was the initial dispute with the loan...why did it default ?

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Get the section 77 running and see how they respond...that will keep them at bay and respond to their letter above .

 

Andy

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Ok, will do that this afternoon.

 

Given that FM1 (who they are chasing) wouldn't be able to communicate over the debt, do we send the letter in their name or in the name of FM2 who has POA? However, as FM2 was also jointly responsible for the debt, is this just playing into their hands?

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The debt is joint and several so both FM1 and FM2 are equally liable should it escalate to litigation.The request should be from FM1 as it responds to their letter and debt. The request simply requires a printed name not signature.

 

No you dont use without prejudice. 

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  • 3 months later...

So, after sending off a Section 77 request back in March and receiving the standard 'We're looking into letter', completely out of the blue this week came a copy of the original credit agreement, which I must admit is a bit of a pain as I didn't know the banks were good at keeping records going that far back and/or willing to release them to the buyers of the debt.

 

Anyway, the debt is over £8000 and would be impossible to pay for my mum and dad (dad who is disabled and unable to communicate). The original loan having my dad as 1st applicant and mum as 2nd).

 

My mum and dad are in receipt of pension credit guarantee and my mum is my dad's full time carer.

 

What are the next options - I could probably afford around a quarter of the total due as a full and final settlement to get rid of it to help them (but i'm not sure if they do that any more) or they could afford a token amount every month to stop any further action from commencing.

 

TIA.

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If you could scan redact and upload this  "agreement " let's have a look.

 

Andy

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but no they are not ...

something smells here

 

pages 3 5 7 [of the pdf] are identical [though the supposed page numbers from Halifax CCA return are 1,3,5 ]

 

pages 4,6,8 are identical with one having the sig box inserted.

 

 

the 2 end pages are just generic T&C's from the period no direct link they were sent to you.

and a DD form.

 

I think someones been busy with copy and paste and forget to sort the number top and bottom out.

 

for the reason I would say its all copy and pasted bogroll….

 

nothing unusual for idem!!

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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The first 8 of the 10 pages were all copies of a fax sent in Feb 2006 from what looks like the local branch of Halifax to Halifax Intermediaries, all numbered sequentially at the tops but part of the redacted info  - it looks like either Halifax or Intrum have just copied the whole fax and sent it to mum and dad. I can reupload without the fax headers redacted if needed?

 

Based on the the 'agreement' they've sent then, does it fulfil section 77 of the CCA 1974? And would it stand up in court?

 

If not, what would be the best course of action?

 

These are a couple of the fax headers...

faxheaders.jpg

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I would say that not enforceable not even for a CCA recon, nor for court.

someone been playing copy and paste

the T&C's referred to are missing and incomplete

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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k. in instances where the debtor is experiencing mental health problems, only initiate court action to pursue the debt if it is reasonable and proportionate to do so

 

Above, an extract from the CSA (Credit Services Association) of whom Intrum is a member.

 

'but obviously FM1 wouldn't be able to go to court etc. as is no longer unable to speak more than a few different words and communication is extremely difficult'.

 

Personally I would write to Intrum, quoting the CSA code of Practice, explaining that you are pretty sure that being unable to speak qualifies as a severe problem.

 

Enclose a Doctor's/ consultant's note explaining in detail the illness, treatments side effects etc, (the more detail the better)

 

Explain that you will hold them responsible for anything that happens to FM1, and to cease bullying a severely ill person, and that they cease proceedings and all communication immediately.

 

 

 

 

Edited by London1971

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Dad can barely speak or write after suffering a stroke a couple of years ago.

even if I pointed this out to them, would they not go after my mum who was a second applicant on the loan?

She is dad's full time carer but they are both pensioners.

 

Do I write to them advising them of this? Or do we just ignore it, and only respond to this if, and when, they launch any proceedings?

 

They were threatening bankruptcy, but dad can barley speak or write after suffering a stroke a couple of years ago, so I'm not sure how far any proceedings would get in those circumstances, although they could then launch proceedings against mum as she was the 2nd applicant.

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