Intrum SD for old HBOS credit card debt ***Withdrawn***

[George43]

Thank you again so much.

Now researching here and everywhere how to put fill the court forms. Cos time is ticking as you said.

Intrum actually is the 5th debt collector since 2016.

Could I use that in anyway?

[AndyOrch]

On 13/05/2019 at 13:04, Andyorch said:

Think we are cross purposes...just send a CCA request today...we can complete form IAA mid week

 

Your beginning to worry me in that your not taking any notice of the advice given in this thread. 

[George43]

Sorry, I am so stressed, not thinking straight. It's strange how confused I became due to stress. Not sleeping, not eating is affecting my ability to think.

 

 

I did send CCA request yesterday by special delivery.

Thsnk you again for all the support and advice.

[George43]

Hello, I am confused again. Do I have to fill forms 6.4 and 6.5 or  form IAA from gov.uk website?

How to apply

Download and fill in form IAA.

Make 3 copies of the completed form and either post them to the court named on your statutory demand or give them to the court in person.

[dx100uk]

why not simply await andyorch help instead of panicking...

 

 

[AndyOrch]

Follow the following  if your itching to get it done and post it here for checking.

 

https://www.consumeractiongroup.co.uk/topic/348555-link-to-a-template-witness-statement-65-for-setting-aside-a-statutory-demand/

 

https://www.consumeractiongroup.co.uk/topic/74787-getting-aic-statutory-demand-set-asidewon-in-court/

 

Andy

 

[George43]

thank you trying to put everything together.

1. If i only posted cca request on monday what do i have to say in the part that they havent provided me with it yet.

 

2. Also can i use that DCA have never sent me default notice or the sum in areas or the statement how the sum was acrued

The only letter from halifax was the notice of assignment sent together with DCA letter that they own the debt now.

 

3. Could i also use that there were 4 DCAs before Inrum or it would be against me. I am still thinking why the previous 4 didnt do anything at all except threatening or discount letters?

 

In the first letter was attached the info about data protection.

It says:

following the assignment of your account, Halifax transferred your personal data to Intrum UK finance limited.

 

The data originates from when you first applied for credit and includes data collected by Halifax during the life of your account, such as address updates, payment history and default details.

 

If they claim they have all of this, why they havent posted me anything except the notice of assignmet?

[dx100uk]

Ignore the previous dcas they were only acting as clients of hbos

Dx

[George43]

 

 

hello

anyone could advise me please, cant come up with anything else. Please. i need more arguments

 

 

The Claimant does not admit the debt is recoverable because the enforceability of the alleged debt is in dispute, the creditor’s right to demand immediate payment is also disputed at this juncture:

The Respondent alleges that the Applicant is indebted to it in the sum of ....... being the amount outstanding under a contract with Bank of Scotland plc, where the debtor failed to adhere to the contract terms and conditions. It is further alleged that the account was assigned to Intrum UK Finance Limited.

I submit that the statutory demand should be set-aside upon the following grounds:

 1) It has been raised previously that the Respondent’s use of a statutory demand is trite law and merely a scare tactic to frighten the Applicant into paying and thereby is an abuse of process. It is the Applicants contention that the use of the insolvency laws as a debt collection tool is a misuse of the insolvency Rules. 

Under the Financial Services Registrar (Financial Conduct Authority, 2019 )  1^st Credit Limited (Trading/Brand Names (May include Previous Names)  is now  under name  Intrum  UK Limited, reference number 718918.

The OFT has taken action against the Respondent requiring the company to improve its debt collection practices. The Respondent was previously in breach of Insolvency rules and was investigated by OFT:

 ‘after investigation found that some of its business processes and procedures failed to meet satisfactory standards’ and therefore OFT had to impose requirements over debt collection practices of 1^st Credit (OFT, 2009).

2) The Respondent has not provided the Applicant with a copy of the agreement and of any other document referred to in it, together with a statement signed by or on behalf of the creditor as stated in sections 77-79 of the Consumer Credit Act 1974 (hereinafter referred to as “the CCA 1974”) . On May 13, 2019 the Applicant made request in writing pursuant sections 77-79 of the CCA 197.  The request was posted by recorded delivery and accompanied by the statutory one pound fee (Attachements 2,3 and 4) and was delivered to the Respondenton on 14.05.2019.

In the event that the Respondent seeks to avoid its obligations by suggesting that as an assignee it has no duty to comply with sections 77-79 of the CCA 1974, section 175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon  to pass this request to the creditor. In the case of an absolute assignment, the Respondent is a creditor as defined by section 189 of the CCA 1974. If the Respondent contends that it purchased the right but not the duties of any agreement, the Respondent was reminded that section 189 of the CCA 1974 is clear that an assignment is of both rights and duties. Respondent is referred to Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August, 2012) which affirmed that the duty to comply with s78 transfers to the Respondent on assignment.

3) The Applicant refers to sections 77-79 of the CCA 1974 which precludes the Respondent to enforce the agreement of the disputed debt.

The Applicant refers the court to the judgment of Mr Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

 27. "So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner)."

 In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the Respondent is aware of this.

[dx100uk]

looks good

let andy check it mind

[dx100uk]

please read the above post!!

 

last 2 posts removed as they are nothing to do with YOUR submission but for the claimant of the SD.

 

PLEASE wait for andyorch

there is NO RUSH to file this tomorrow!!

 

 

[George43]

Thank you,i am panicking, more i read less i understand, my brains turning into mush

[AndyOrch]

Well you are correct forms 6.4 & 6.5 are no longer and have been updated by form IAA...having never completed this new form you will have to give me chance to run through it and find the necessary Practice Directions.

 

 

 

[George43]

thank you thank you so much

i dont understand anything and i read that if forms are not filled correctly, application migh be dissmissed

[AndyOrch]

If you could scan and redact a copy of the stat demand...I need to see it to check if it has all the valid requirements.

 

 

 

[George43]

 

 

sorry it took a while with my super slow laptop

 

the demand looks exactly the same like from gov.uk websie

SD.pdf

[AndyOrch]

So dated 17th April and you was served what date ?

[George43]

30 april

the demand was posted though the letter box, no date on the envelope or the statutoty demand as you coud see

 

But i recieved a letter telling that it will be served on 30th unless i rearange

 

intrum used TSL solutions one guy firm in kettering to serve it

[AndyOrch]

Dated 17th April its on the stat demand ?

[George43]

sorry i didnt realise that the date was in there, i have a letter saying that it will be delivered on 30th. and everywhere i read its the date when it is delivered to you.

So does it mean that the demand is incorrect?

[dx100uk]

docx upload now PDF as word shows your details in properties

 

dx

 

[AndyOrch]

Yes its the date it was served....so leave it with me now its been a long day and we can finalise IAA and your statement (Post #62) in the morning

[George43]

have a good night and thank you again, cant express my gratitude

 

I have edited my statement,will do some more work on it and will post it hrere

[AndyOrch]

Sure ...I have not read it properly but change the following......

 

2) The Respondent has not provided the Applicant with a copy of the agreement and of any other document referred to in it, together with a statement signed by or on behalf of the creditor as stated in sections 77-79 of the Consumer Credit Act 1974 (hereinafter referred to as “the CCA 1974”) . On May 13, 2019 the Applicant made request in writing pursuant sections 78 of the CCA 197.  The request was posted by recorded delivery and accompanied by the statutory one pound fee (Attachements 2,3 and 4) and was delivered to the Respondent on on 14.05.2019.

 

2. On May 13, 2019 the Applicant made request in writing pursuant section 78 of the Consumer Credit Act 1974 . The request was posted by recorded delivery and accompanied by the statutory one pound fee (Attachments 2,3 and 4) and was delivered to the Respondent on on 14.05.2019.As of this date of application the Respondent has yet to comply.

 

[George43]

good morning, hope you slept well

 

The Applicant does not admit the alleged debt and the amount of the alleged debt payable immediately.

There is an unresolved dispute of the alleged debt.

 

The Respondent claimed in the statutory demand (attachment 1) that the Applicant entered into contract with Bank of Scotland and was given the account number ......... and that the Applicant failed to adhere to the contract terms and conditions. 

 

The Respondent alleges that the Applicant is indebted to it in the sum of ......... being the amount outstanding under a contract with Bank of Scotland plc, where the debtor failed to adhere to the contract terms and conditions.

It is further alleged that the account was assigned to Intrum UK Finance Limited.

 

I submit that the statutory demand should be set-aside upon the following grounds:

 

 1) It has been raised previously that the Respondent’s use of a statutory demand is trite law and merely a scare tactic to frighten the Applicant into paying and thereby is an abuse of process.

 

It is the Applicants contention that the use of the insolvency laws as a debt collection tool is a misuse of the insolvency Rules.

 

Under the Financial Services Registrar (Financial Conduct Authority, 2019 )  1st Credit Limited (Trading/Brand Names (May include Previous Names)  is now  under name  Intrum  UK Limited, reference number 718918.

 

The Office of Fair Trading (the OFT) has taken action against the Respondent requiring the company to improve its debt collection practices.

 

The Respondent was previously in breach of Insolvency rules and was investigated by the OFT:

 

 ‘after investigation found that some of its business processes and procedures failed to meet satisfactory standards’ and therefore OFT had to impose requirements over debt collection practices of 1st Credit (change of name to Intrum) (the OFT, 2009).

 

2. The Respondent failed to adhere to requirements imposed by the OFT pursuant to section 33A and section 33D (4) of the Consumer Credit Act 1974 (hereinafter referred to as “the CCA 1974”) (the OFT, 2009) by issuing statutory demand as a means of a debt collection method.

 

3) On May 13, 2019 the Applicant made request in writing pursuant section 78 of the Consumer Credit Act 1974 (hereinafter refered to as the CCA1974) .

 

The request was posted by recorded delivery and accompanied by the statutory one pound fee (Attachments 2,3 and 4) and was delivered to the Respondent on 14.05.2019.

As of this date of application the Respondent has yet to comply.

 

In the event that the Respondent seeks to avoid its obligations by suggesting that as an assignee it has no duty to comply with sections 77-79 of the CCA 1974, section 175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor.

 

In the case of an absolute assignment, the Respondent is a creditor as defined by section 189 of the CCA 1974.

 

If the Respondent contends that it purchased the right but not the duties of any agreement, the Respondent was reminded that section 189 of the CCA 1974 is clear that an assignment is of both rights and duties.

 

Respondent is referred to Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August, 2012) which affirmed that the duty to comply with s78 transfers to the Respondent on assignment.

 

3) The Applicant refers to sections 77-79 of the CCA 1974 which precludes the Respondent to enforce the agreement of the disputed debt.  

 

Section 78 (6) of the CCA 1974 sets out the consequences of failure to comply with such request and states that ‘he is not entitled, while the default continues, to enforce the agreement’.

 

It is drawn to the Court attention that the claimant has not complied with my request and is in default of its obligations under s78 (1)  the CCA 1974 and it is averred that the claimant has no right of action until such time as the default is remedied and the claimant supplies the documents referred above.

 

4) The Respondent is aware that the debt is disputed as stated in the letter (Attachement 4) requesting to set aside staturory demand on the basis of the disputed debt as in s 78 (6) the CCA 1974.

The Respondent failed to get in contact with the Applicant.

 

The Applicant refers the court to the judgment of Mr Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

 

 27. "So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt.

 

Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner)."

 

 In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the Respondent is aware of this.

 

 5) There has been a failure to provide a Default notice in the prescribed form.

It is denied that any Default notice in the prescribed format was received by the Applicant.

 

Service of a default notice is a statutory requirement as laid out in sections 87, 88 and 89of the CCA 1974.

Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement.

Therefore without a valid Default notice the Respondents cannot proceed and to do so is clearly contrary to the CCA 1974. 

 

6) The Applicant has not been provided with a statement of account showing how the sums claimed by the Respondent in the statutory demand to be payable have accrued.

 

Until the Respondent provides the aforesaid statements the Applicant is unable to consider any potential defence of set off that the Applicant may be able to raise.

 

In view of the matters pleaded above and for the lack of reasonable dealing with the process by the Respondent before taking this action, the Applicant avers that the service of the Statutory Demand is demonstrably intimidating and an abuse of the process.

 

There are several triable issues listed above and that these matters should be accordingly dealt with as a part 4 claims rather than the matter progressing via the Insolvency courts.

 

The Applicant respectfully requests that the demand be set aside and the Respondent be ordered to pay the Applicants reasonable cost of preparing this application and of attending any hearings in respect thereof.

 

 Accordingly, the Applicant respectfully requests the Statutory Demand to be set aside and that the Court award costs in this matter to the Applicant who is acting as a Litigant in Person.

 

It is also requested that the court consider making an indemnity award in light of the upset and inconvenience that this has caused to the Applicant.

 

Please see the final letter what i could come with.

 

I am still panicking that i am fighting here without success, read that intrum managed to find the original agreement in 2019 with M&S signed in 2007.

that is strange, do banks even have to keep information for more than 10 years

 

I have received a letter from solicitor telling that i should wait until 12 days expire but should send letter to intrum asking not to file a bankruptcy petition until they comply with cca.

 

he said that i can ask then for extension of statutory demand time limits cos creditors compliance with cca request.

 

 any thoughts?

 

thank you