IND Claimform - HBOS Card ***Claim Dismissed*** - now Intrum chasing

[BFV]

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.

[silverfox1961]

Hi and welcome to CAG

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

[BFV]

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?

[AndyOrch]

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

[BFV]

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)?

[DonkeyB]

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

[AndyOrch]

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

 

 

[BFV]

Thank you both!

 

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

[DonkeyB]

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

[AndyOrch]

And print your name no normal signatures

[BFV]

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

[BFV]

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

[DonkeyB]

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?

[AndyOrch]

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

 

Use Londons thread that works post#15

[BFV]

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

[PGH7447]

subbing

[BFV]

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.

[BFV]

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

[dx100uk]

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?

[dx100uk]

Threads merged for history

[BFV]

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?

 

 

[BFV]

I was thinking a letter along these lines -

 

 

 

Dear Intrum aka 1^st 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)

[dx100uk]

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

[BFV]

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

[AndyOrch]

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