Intrum SD for old HBOS credit card debt ***Withdrawn***

[AndyOrch]

1 hour ago, George43 said:

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

 

How you can you expect any success you have yet to respond ? Where have you read that Intrum managed to find an agreement in 2019 that was  12 years old ?

 

1 hour ago, George43 said:

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

 

You could...this is known as an Invitation to withdraw ....but given that the 18 days is up this Saturday the Applicant is able to proceed to Bankruptcy petition after 21 days and your CCA request 12+ 2 does not expire until next Friday.I personally would proceed with the set a side application and file tomorrow.The Applicant is in receipt of the request and is aware of the time frame to respond and with the full knowledge that should they proceed after 21 days with full knowledge that your CCA request has not been provided would be tantamount to abuse of the court process..

 

Time is tight so if you were to approach the applicant I would advise a phone call for speed...inform them that you intend to submit application tomorrow unless they wish to withdraw and confirm same by email today....as you fully expect they are unable to comply to your section 78 request ?

[George43]

 

Hello, thank you again for support.

 

I checked intrum received my request on the 14 th, on the same day they've sent me this: 

we do not have payment plan in place with you in relation to your account.

 

following the recent service of stat dem we write to inform you that we are now in position to present a bankruptcy petition against you.

 

once petition is issued the amount payable would increase with expenses, fees and costs including those of the trustee following bankruptcy.

 

the trustee will be invited to liquidate your assets (e.g. Property) with a view of settling this matter.

 

a copy of this letter is retained on our file for later production to the court to demonstrate that every effort has been made on our part to avoid this intended action.

 

It's a good news right?

they don't have the right to petition yet because Stat demand was served on the 30th.

 

also it proves that issuing stat demand I a scare tactics without intention to file bankruptcy.

also the bankrupt would make them at the end of the queue to claim money not want not what they claim in this legter

 

I found this in http://forums.moneysavingexpert.com/showpost.php?p=53600973 forum

Dianna, would you do anything after this response or just wait?

14 Feb 2019 Reply from Intrum Legal Department - They have sent Notices of assignment from M&S to 1st Credit, signed copy of my agreement dated 5th Feb 2007, True copy of agreement at the time the account was opened, true...

[AndyOrch]

Does not mean they will find yours.....just to clarify you have 18 days from receipt of the demand to either make arrangements to pay all or part of the debt; dispute the debt either partially or entirely; (set a side) or pay the debt immediately. 

 

They have 21 days from the date of service to proceed to a Bankruptcy Petition..in black and white thats this Saturday for you and Monday for them.

 

So its your choice to either phone them or proceed with the application.

 

Here is your IAA...you can edit and complete details,iaa-eng (1).doc

 

You must send 3 copies to the court and attach a copy of the Statutory Demand and your witness statement to each copy

 

Andy

[George43]

Thanks thanks

can I use their letter threatening me with bankruptcy again when the 21 days are not expires as well in my witness statement?

 

Will you be able to help me with a witness statement please?

Post 80

[AndyOrch]

No need to ignore their waffle ...follow the procedure.

 

Your witness statement is in post #80 above...it requires headers and finishing with a statement of truth and dated...what help do you require with it ?

 

Also on IAA we need to enter the actual dispute and reason for the set a side...then that's complete.

[George43]

Thank you

o need help with the statement post 80 with the language and to make it more like lawyer language please

 

The reason to set aside would be? 1.disputed debt

2. waiting for Intrum to comply with CCA 

3. Intrum Using statutory demand as a method to collect debts

4. Intrum breach of Insolvency Rules, not following procedures, saying that after only 14 days they have a right to issue bankruptcy petition (today's letter)

 

[AndyOrch]

No you dont need to Legalese the statement.....keep it to your words...you are litigant not a Solicitor.

 

As for reasons for set a side I would put.

 

1. The Petitioner has yet to comply to section 78 request.

2. The Petitioner has not served a Notice of Assignment pursuant to  section 136 of the Law of Property Act 1925   and sec 82A of the Consumer. Credit Act 1974.

3. An underlying dispute with the original creditor BOS was never resolved.

4. The demand is dated 17th April 2019 and was served on the 30th April 2019.

[George43]

I have received a notice of assignment with intrums first letter. It looked different from the normal letters from Halifax but Intrum wouldn't fake the assignment

[AndyOrch]

Wouldn't they .....?  Well its up to you if you wish to remove 2.

[George43]

You might be right about notice of assignment, it doesn't look like anything I used to get from Halifax. I also haven't received a letter from Halifax that they assigned this debt to Intrum. Previously with other 4 debt collectors Halifax always sent letters.

the signature as well looks blurred whee in all precious  letters is very clear.

 

I called Halifax last week, they confirmed that the debt was sold to Intrum.

why would Intrum fake notice of assignment if they've bought the debt?

 

CAB just rang me telling that i will have to pay £150  to apply to set aside statutory demand at court. ive read its free?

[AndyOrch]

The Notice of Assignment you uploaded in post ~18 may well be from Intrum using Halifax notepaper...difficult to prove...but worth raising it as per point 2.Notice of Assignments can come from either the Assignor or Assignee...but it should at least be on their own notepaper.

[George43]

thank you, would you know if i have to pay for applying to court as CAB said £150?

[AndyOrch]

No fee to set a side a SD as there is no fee to issue one.

[George43]

Good mornign;  iam confused with following because in old 6.4. was the creditor served. Please help

The names and addresses of the persons on whom it is intended to serve this application are: Mrs George 43

The names and addresses of the persons to whom it is intended to deliver notice of this application are: Intrum

[AndyOrch]

Yes its a terrible confusing bad english laid out form unlike the old 6.4/6.5 forms.

 

Well you are serving so it must be your name and address and Intrum are being delivered notice

[George43]

thank you

[AndyOrch]

Just to confirm so you can check I may be wrong......reads clearer in the guidance notes.

 

16       Provide the name and address of anyone on whom the application should be served: IR 2016, r 1.35(2)(h).   Intrum

17       Provide the name and address of anyone to whom notice of the application should be given: IR 2016, r 1.35(2)(i). Intrum

 

iaa-n-eng (2).docx

[George43]

on whom and to whom means the same?

[AndyOrch]

Does to me .

[AndyOrch]

Also add the the following to your list.....

 

As for reasons for set a side I would put.

 

1. The Petitioner has yet to comply to section 78 request.

2. The Petitioner has not served a Notice of Assignment pursuant to  section 136 of the Law of Property Act 1925   and sec 82A of the Consumer. Credit Act 1974.

3. An underlying dispute with the original creditor BOS was never resolved.

4. The demand is dated 17th April 2019 and was served on the 30th April 2019.

5. The applicant request any incurred costs in this application

[George43]

Can i add that the respondent breached because they sent me letter 14 days after the serve of demand saying that now the have a right to procede with bankruptcy petition.

1. The Respondent’s breach of The Insolvency (England and Wales) Rules 2016 Rule 10.4.

I am still not sure about serve and notice of application, maybe i dont need both?

 

Breach of insolvency rules:

demand dated 17, served on 30th, letter dated 14.05 claiming that they have the right for bankruptcy petition already

[AndyOrch]

No point as you know its not true,they know its not true and just a form of intimidation to put pressure on you....wont help in the matter of setting a side keep to the facts. 

 

Obviously some desk jockey has looked at the date on the SD rather than the deemed served date.

 

If anything attach it to the SD for the court to see but you make no mention

[George43]

PI called Halifax last week, they confirmed that the debt was sold to Intrum.

why would Intrum fake notice of assignment if they've bought the debt?

[George43]

I received a letter from Intrum saying that they withdraw the demand. Still staying it was on the 17/04/2019.  

They said they asked for my agreement  the original creditor.

 

[AndyOrch]

 And all's well that ends well.