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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
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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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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....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • AndyOrch changed the title to IND Claimform - HBOS Card ***Claim Dismissed*** - now Intrum chasing
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