Jump to content


  • Tweets

  • Posts

    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? No.   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • If the case was brought before a UK civil court would UK rules apply or foreign rules?   I wonder if the original contract would strate what jurisdiction it's terms would be decided by?   I note that UK contracts frequently have a clause that says in so many words that any disputes  will be interpreted under UK law.
    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
    • how long did you sign up for ? if they claimed DD after that period …….
    • If this thread was started about your friend, please don't ask Q's about your dad or anyone else.   Keep this thread on track and use a new thread to discuss issues about YD, thanks.   Keeps thread simple and focused.
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
BFV

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

Recommended Posts

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.

Share this post


Link to post
Share on other sites

Hi and welcome to CAG

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


If you are asked to deal with any matter via private message, PLEASE report it.

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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


We could do with some help from you.

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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)?

Share this post


Link to post
Share on other sites

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

 

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

Share this post


Link to post
Share on other sites
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

 

 


We could do with some help from you.

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thank you both!

 

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

Share this post


Link to post
Share on other sites

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

 

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
Sorry Andy, but the template link has an error - can you re-post?

 

Use Londons thread that works post#15


We could do with some help from you.

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

subbing


PGH7447

 

 

Getting There Slowly

---------

 

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Threads merged for history


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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?

 

 

Share this post


Link to post
Share on other sites

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)

Share this post


Link to post
Share on other sites

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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


We could do with some help from you.

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...