Intrum/Lester Aldridge - PAP Letter - now claimform Re old Halifax Card .

[dx100uk]

Threads merged

 

Do you want to post up the defence you filed and both yours and their ws's?

 

Dx

[Phoenix nights]

I have attempted to attach both and would appreciate any help.

intrum witness statement .pdfdefendant statement .pdf

 

default.pdf noa.pdf mcol.pdf

[dx100uk]

thats not a DN from the original creditor. fatal to their claim.

a debt buyer just cant fake one up when they want too, esp after issuing a claimform.!!

 

its a REAL shame you never bother to ask for our help in your defence and witness statement.

you came here well before the claim.

 

what ever made you file those?

 

dx

 

[Phoenix nights]

I agree, I regret not reaching out during the time of the mcol and statement, as they are terrible.

 

I have requested the default twice and through the pap. Only now they have sent this reconstructed version with the orange screenshot, which I have never received before.

 

I did try to articulate that in my defence i.e. not seen the original default and asked for it multiple times. 

 

That's my only argument at the moment that I can mention?.

 

Other than the June case regarding intrums loss as the defence argued they are not FCA registered so should not be bringing claim?

[dx100uk]

immaterial.

 

dx

 

[Phoenix nights]

Ok, I will leave that one, in that case. 

[Phoenix nights]

Ok, I will leave that one, in that case. 

 

I have my hearing on Monday. So would greatly appreciate any other advice. 

 

 

[dx100uk]

only speak when spoken too.

dont have any little chats outside the court with the fleecers...smile and walk away.

 

there are 100's of card claimform threads here to read.

 

use our enhanced google searchbox for the same.

 

On 22/07/2022 at 22:16, dx100uk said:

thats not a DN from the original creditor. fatal to their claim.

a debt buyer just cant fake one up when they want too, esp after issuing a claimform.!!

 

its a REAL shame you never bother to ask for our help in your defence and witness statement.

you came here well before the claim.

 

what ever made you file those?

 

dx

 

 

you need to push home the above.

 

Default notices, litigation and section 127(3) of the Consumer Credit Act July 2010
.
 For a creditor to enforce a credit agreement against the debtor, 
he must serve the latter with a default notice, 
this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).
.
 Generally, the prescribed form of a default notice according section 88 is as follows:
.
 "The default notice must be in the prescribed form and specify
.
 (a) the nature of the alleged breach;
 (b) if the breach is capable of remedy, what action is required to remedy it 
      and the date before which that action is to be taken;
 (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, 
     and the date before which it is to be paid."
.
 Section 127(3) of the Consumer Credit Act 1974
.
 Should the debtor be sued for the outstanding amount, 
it may be open to the debtor to raise an argument that the agreement is unenforceable 
because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.
.
 Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA'). 
Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.
.
 The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.
.
 In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

 Regards

 Andyorch
 

dx

[Phoenix nights]

Thank you

[Phoenix nights]

The outcome was in favour of the claimant.

The judge said he was satisfied that the default had been served and the screenshot stood. As it was in line of when the default would have been entered onto my

credit report.

[dx100uk]

Sounds like judge lottery to me, or they play golf together.

 

Dx