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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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IND Claimform - HBOS Card ***Claim Dismissed*** - now Intrum chasing

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Here are the two letters so far received.

 

#1 is an introduction saying that IND has been "acquired" by Intrum - whatever that means. Then there is the legal stuff about data etc. Also a page on IND.

 

It appears they are trying to keep the two entities separate, probably to avoid further complaints to OFT and FCA about IND, and being associated with them.

 

#2 is dated just 6 working days later, and is more aggressive - stamped from the Legal Department and signed "Lily Chan, General Counsel". I have not checked but suspect she is fictitious. Whilst they are only requesting contact at this point, it is clearly meant to intimidate - all fuel for later reports to OFT.

 

Intrum 1 Redacted.pdf Intrum 2 Redacted.pdf

 

I will be sending this to them -

 

Dear Intrum aka 1st Credit

 

Your reference …..

 

WITHOUT PREJUDICE

 

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 judgement of the alleged debt, along with the order for costs in my favour.

 

Additionally, the alleged debt is Statute Barred.

 

Also, 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 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 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 (OFT, 2009)

Any attempt by you to commence Statutory Demand proceedings will be vigorously contented and result in a full complaint report to the FCA & OFT.

 

Do not make any further contact about the above alleged debt. Any further demands will result in another complaint against your organisations with the FCA & OFT.

 

Yours

 

(typed)

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Third letter arrived today with a bit more info, saying they are aware IND initiated legal action. They didn't say that they are aware that IND lost the claim! I have reminded them....

Intrum 3 Redacted.pdf

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Was the claim dismissed or struck out ?  You keep referring to you " won " you got judgment ...a defendant cant get judgment ?

 

Andy


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Claim dismissed and Claimant to pay Defendant's costs etc

 

Don't think I ever stated "won' - they failed, judge found in my favour etc....

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Hey so you 'won' again....


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😉  I never said it!!

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