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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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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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Yes, it is over 5k.

 

I removed the info from the letter as don't want to be identified by Intrum in case they read these forums. Call me cynical ;)

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cant hurt you.

post it up

 


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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


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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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It was financial difficulties and after an initial period of paying small amounts each month after the default, the payments couldn't be kept up.

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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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Do i need to add in 'Without Prejudice' to the CCA or anything like that?

 

Or does it not admit anything at this stage?

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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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Many thanks, will send it off this afternoon.

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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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Thanks, hopefully all of the pages are there now?

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Posted (edited)

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

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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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