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    • well be expecting to get lots of scary letter aLLay will not give in quickly or easily.     did you sign their letter of authority to act upon your behalf with satans bank? be careful  it might be best to let each know as from the date of that letter you regard the contract cancelled/void as satans should not be informing nor corresponding with allay..which they probably are. and you instruct them not too!   dx  
    • https://apertureiva.com/
    • its not a penalty charge. hope you've not used that word or the word FINE in any comms else you'll be viewed as someone that hasn't a clue what they are talking about...
    • An update 2 weeks further-on for the benefit of anyone coming along later in similar circumstances or currently following for a directly related reason.   No response to date from the Hospital, either to original correspondence or subsequent chase.   No response yet from PALS, written-to with all details/copies just a week ago after allowing a period for the Hospital to respond to a chase letter and step-up and have the penalty charge cancelled.   All corres. Special Delivery.   Parking charge reminder received from CPP dated 11 days after original (no contact intended with CPP, less than zero intention of making payment this side of eternity.)   FOI request sent Re. car parking equipment reported-faults - request received and acknowledged.   MP contacted, details/copies provided, moving toward meeting Re their involvement.   To contact press, local radio etc. accordingly.   Watch this space ...            
    • Hi all, apologies for the late degree of replies, I was using a mobile earlier and could not navigate the page very well. I have been trying to reply to each individual reply but cannot see where I can do that and I used "quote" which I am informed is incorrect (apologies if this has somewhat cocked things up)   Anyway I have established a little more info , as per Andy's enquiry, James ( my friend and the client in this instance) has confirmed it was Debt Free Direct who had set up the original IVA but they went into administration and were sold onto a company called Apperture, This is the company that Equity in Finance are supposedly holding any PPI recoveries for.   It transpires that Equity In Finance were "promoted" by Debt Free Direct as being able to recover PPI costs for James on the premise that HE would be receiving any recoveries less their fee for handling the claims, there was absolutely NO transparency that they would be with-holding all funds received for any and ALL ppi claims whether involved or not.   James is calling to see me tomorrow and we are going to check his credit file and also send off SAR's to ALL parties involved in the debacle. This will include, Apperture, Equity in Finance, The IP who handled the IVA and each of the banks/ loan companies & credit card companies he has personally claimed PPI from and also the ones that Equity in Finance have handled directly.   As I say there is definitely a rabbit off somewhere - Equity in Finance have taken / been sent every penny of the PPI recoveries including the ones that they have had no involvement in and the most recent being just in the last 4 weeks, despite the IVA being advised as closed in 2013 !!   even on the initial debt of £17000 plus fees ( currently shown on debt free direct website @ circa £3500 - yes they are apparently trading again !! ) the payments made under the IVA and the recoveries under PPI  have totalled been more than £40k so James is owed a hell of a lot of money which I can see no way that these companies are legally with-holding from him.   Lets see what the SARS bring in and then we will have a more defined basis of EXACTLY what we are looking at    Thanks guys for the initial advices - I will keep you all up to date on developments but any advices in the interim would be greatly accepted    Just a few links for reference :-  https://www.credit-connect.co.uk/commercial-news/corporate-insolvency/debt-free-direct-sold-aperture/   Debt free directs current ?? website https://www.debtfreedirect.co.uk/   Debt free direct confirmation of average fees and how paid   https://www.debtfreedirect.co.uk/fees
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George43

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

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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

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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.

 


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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

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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 ?


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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
...

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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


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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

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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.


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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)

 

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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.


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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

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


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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?

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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.


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

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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

 

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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


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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


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on whom and to whom means the same?

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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


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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

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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


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