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    • its not a letter from PRA  its a large brown windowed A4 envelope from northants bulk county court - a court claim pack. you DO NOT ignore  you DO NOT contact the fleecers or their dogs. his next time..never ignore a Letter of claim never run from debt never move without informing ALL your debt owners in writing   ... you are lucky this was not filed to an old address and 1st you'd know is bailiffs at your door   please complete this:      
    • Thanks for your reply. Should I email them stating that the penalty is unlawful?
    • Hello,   I'm brand new here and am hoping someone might be able to give me some advice. Sorry in advance that this is so bloody long!   Basically a couple of years ago Property Management Company Ltd sent Debt Agency 1 after us (both saying they acted 'on instruction of Leaseholder Ltd' - separate company) for late payment of our service fee on our flat (200 miles away, tenanted since purchase). We hadn't owned the house long and, in spite of us chatting to Property Management Company Ltd all the time various things to do with our tenants and them having multiple records of our real correspondence address, they sent the bill to our tenants, so we didn't realise we were late with it. We wrote to them and politely pointed out they had multiple records of our real postal address. They admitted it was their mistake, we paid, charge was removed, they said they would update records and email service charge in future, all fine.   Last week Leaseholder Ltd sent Debt Company 2 after me about 2 x unpaid ground rent plus collection fee, they had also been sending bills to the tenants address. I had received one bill from Leaseholder Ltd for GR since purchase, sent to correct address, but that was ages ago. I paid it straight away at the time, but I guess it never really crossed my mind how long it'd been since I'd received one.   Explained to Debt Company 2 that had received one bill ages ago, that suggests they did in fact have my address? They claim they didn't, and tenant or lettings agent must have opened letter and forwarded.   Also explained to Debt Company 2 about previous balls up with Property Management Company Ltd and Debt Agency 1, and explained both said they were acting on Leaseholder Ltd's behalf - so surely one of them told Leaseholder Ltd, once it was all resolved, that the issue had been down the the address mix up? No, says Debt Company 2, Leaseholder Ltd has never heard of your London address, nor did they instruct Debt Agency 1 to act on their behalf, and it's 'very illegal' that they claimed they were acting for them. So no idea what's going on there.   Basically Leaseholder Ltd say it's not their fault no one gave them the right address. I say it's not my fault that Debt Agency 1 and Property Management Company Ltd both gave strong (and apparently illegal) impression that they were speaking on Leaseholder Ltd's behalf - leading to my assuming there were across the details of the dispute and therefore were made aware of the cock-up/resolution.   I know I'm not totally blameless; I should have realised it was weird getting one bill and then none after but we get so many flipping bills I just pay them as they arrive and move on.   Am I wasting my time, would you all just pay it, charge and all? Seems really unfair given I was under impression I was talking to intermediaries when I wasn't.   Thank you in advance.
    • the charge is a unlawful penalty 
    • I am going to email him this evening, he has no idea what he is talking about so I am going to bullet point everything that has happened so far, and everything that has not happened. He seems to be taking the word of Barclays over me, and believing what they say, and what they are saying is wrong. They do not even know what they are talking about from what he has spoken about today.     That is what he said. He said, Barclays told him that even after resolving the debit amount of around £738, my account is still in areas and that's why they haven't made any refund, and possibly (I am unsure) why the Cifas was registered. As I said, there is 100% absolutely no arrears, other than the charge back amount, which they said they are responsible for. If they cleared the charge back amount, which they promised to do, the account would have been in credit by the £150 compensation they said they had paid into the account (They didn't do this, I did a SAR with the bank and have all of the bank statements here) and the money in the account that belonged to me which was between £40 - £70.   I can't even get my head around what he and they are saying, and I am usually on the ball, but I cannot understand what is going on at the minute.   The adjudicator advised against me asking an Ombudsman to look at it as he said the bank might now refuse to accept responsibility for the charge back mistake, even though they had already accepted it was their error. But, he said this and I'm not confident at all that he even knows whats going on.
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IND Claimform - HBOS Card ***Claim Dismissed*** - now Intrum chasing

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I have spent some considerable time browsing the threads here, but it seems that every case is different.

 

I would be extremely grateful if someone could advise of what to do next -

 

I received a letter from IND stating they had bought my credit card debt from Bank Of Scotland, along with a statement of account, and notice of assignment. There was no Notices of Arrears, no Terms and Conditions, no Default Notice.

 

14 days later they issued a Summons for £11,144.60 - the original debt of £9,271.62 plus interest and costs.

 

The Pariculars Of Claim state -

"The claimant is the Assignee of a debt from Bank Of Scotland plc. Notice of Assignment was provided to the Defendant by the Claimant in writing. Despite demand for payment the assigned debt(s) remains due. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

And the Claimant Claims:

Credit Card Account number ......................

balance of 9,271.62 as of 4/8/09

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 4/8/09 to 22/0/11 of 1,582.98 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 2.03 AND costs."

 

I realise I can defend the interest claim and will deal with with later!

 

However, they only talked about a claim for the assigned debt - no mention of any other documents i.e. credit agreement.

 

I have not sent any CCA requests.

 

Should I sent them one now? Or should I send CPR 31.14 letter as posted by surfaceagentx? Am a little confused as they did not refer to any ducuments in their Particulars of Claim....

 

I want to get my defence right from the start - what should be my next move?

 

P.S. I have acknowledged the claim requesting additional 14 days to prepare defence.

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Hi and welcome to CAG

Not my area I'm afraid but by replying, your post should be seen by the knowledgeable ones


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thank you silverfox.

 

It has been suggested that I just file my defence, stating that no Notice of Assignment was provided, that they did not conform to Pre-action Protocol, and they they are not able to claim interest. Then wait for the hearing date and see what documents they will be using to prove the debt.

 

Any suggestions guys and girls?

 

Should I send anything to IND?

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Hi sorry you don't seem to be getting much assistance.

 

Take a look here:-

 

Lloyd's Overdraft, IND collections and N1CPC County Court Form

 

It will give you a little guidance as to who you are dealing with.Post up if you are unsure of anything.

 

Regards

 

Andy


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Thanks - will take a look now.....

 

Thanks Andy - it seems London Guy is going through the exact same process.

Everything I have received from IND is the same down to the wording in the POC.

 

Could I use the same template CPR 18 to send to IND

- mindful that this is for a credit card debt not an overdraft?

 

Can you pint me towards a good DSAR template to send to Lloyds (although the credit card was with Bank Of Scotland)?

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I would strongly recommend a s78 request for a copy of the credit agreement – enforcement is difficult if they fail to comply.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Thanks Any - it seems London Guy is going through the exact same process. Everything I have received from IND is the same down to the wording in the POC.

 

Could I use the same template CPR 18 to send to IND - mindful that this is for a credit card debt not an overdraft? Yes if the PoC evades any docs and CPR 31.14 is pointless

 

Can you pint me towards a good DSAR template to send to Lloyds (although the credit card was with Bank Of Scotland)?

One in the above thread post~15 I think just change the Claimants name :-

http://www.consumeractiongroup.c o.uk...ata-Protection

 

 

Andy

 

 


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Thank you both!

 

Should I send the s78 request in the same envelope to IND?

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Don’t see why not. Send recorded if you can.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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And print your name no normal signatures


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I'll send everything recorded. Thanks for your help guys - will keep you posted

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Sorry Andy, but the template link has an error - can you re-post?

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Have a look here at what they claim to have complied with in terms of practice direction pre-action protocols:

 

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/practice_directions/pd_pre-action_conduct.htm#IDAIRB2

 

Was there a letter before action? Did they make clear they would take legal action? Did they direct you to people who could help you?


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Sorry Andy, but the template link has an error - can you re-post?

 

Use Londons thread that works post#15


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Will do.

 

Yes they did - they sent everything together in the same envelope and 14 days later started procedings.

 

Although, there was no effort at Alternative Debt Resolution, nor did they explain the documents they would rely on in court - so will put this in my defence

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subbing


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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UPDATE!

 

I submitted my defence in October 2011, and have the acknowledgement from the court that it was received. IND failed to respond and the claim as Stayed.

 

However, the Stay was lifted in June this year, some 5 years later. I was told by the Court in a phone call that the Stay had been lifted in order for the legal representative to be removed from the case. But the case has become "Live" once again and the Courts have set a date of 23rd Novemeber to hear the claim.

 

I'd appreciate some advice...

 

IND did not respond to my defence, they did not respond to my s.78 request, they did not respond to a CPR 18. The claim itself claims interest from 4/8/09 - I'm assuming this is when they claim the assignment occured - but this date is out of statute.

 

I was also informed by the Court that they have a record of receiving my defence, but the document has gone missing....

 

I am minded to go to Court and get the claim struck, but could use some advice on the best way to achieve this.

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I had IND chase me for a very old debt which was resolved in the courts in 2016, in my favour! Judgement for me for several reasons, they initially started an Appeal but withdrew it before hearing. I got all costs (Barrister etc)

 

Now Intrum have sent letters saying they have taken over from IND and I can tell they are heading either for a CCJ or SD.

 

I feel I should direct them to the Court's Judgement - any suggestions?

 

Many thanks

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There are loads of recent threads here about intrum and old ind debts

 

if you got judgement then send them a copy of it

when did you last pay anything?


..

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Threads merged for history


..

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Hi Dx,and thanks,

 

Andyorch advised me before on the claim, he was brilliant. I ended up getting a barrister to represent me in court and it worked.

 

I have tried to search for similar threads, maybe you can recommend a couple for me to check?

 

I never paid anything, always disputed it.

The original claim was lodged with Northampton Bulk Clearing in 2011 but they never replied to my defence and it was stayed.

They then reactivated it in 2016, it went to Court and the judge found in my favour.

 

I understand that the debt is still there, but is it now statute barred as the original claim was 2011?

 

I never admitted the debt, though in defending the claim I guess I did have correspondence with IND.

 

I will defo send them a copy of the judgement, along with the order for costs. How about a statute barred letter too?

 

 

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I was thinking a letter along these lines -

 

 

 

Dear Intrum aka 1st Credit

 

Your reference …..

 

WITHOUT PREJUDICE (is this the correct term?)

 

You have contacted me about the account with the above reference number. I do not admit any liability for your claim.

 

Enclosed is the Court’s Decision following IND’s attempt to enforce judgment along with the order for costs in my favour.

 

Additionally the alleged debt is Statute Barred.

 

Under the Limitation Act 1980

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8


Do not make any further contact about the above claim or I will lodge another complaint against your organisations with the FCA.

 

Yours

 

(typed)

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send our SB letter from the debt collection section of our library


..

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Will do and thanks a million. I'll update if I hear anything back from them.

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What exactly do Intrum state in their letter......?  Is it simply change of ownership ?

 

If you could scan and redact so we have it verbatim for other users...I think your the third in the last couple of weeks IND = Intrum.

 

Andy


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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 The National Consumer Service

 

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