Intrum UK finance - is it too late to avoid going to court?

[mikeg123]

Hi all,

Intrum UK Finance has made a claim against me for an unpaid credit card debt originally took out with Lloyds bank.

I responded stating that the debt was statute barred, but they have responded with proof that it is not. I made the mistake thinking it was barred because Intrum changed their name from 1st Credit Finance at the start of 2018 and had no record of any correspondence from with Intrum up until now.

I have since sent a CCA request, and request notice of assignment and default notice and a few weeks back I received a letter from Intrum stating that they do not hold any copies of the assignment document.

In the meantime, Intrum sent me a questionnaire asking me about the debt. Questions included 'are you aware that you owe the debt'. I answered truthfully to all questions without giving much detail.

Now last week I received a 'general form of judgement or order'. I do not have a clue what this is so please can someone advise?

'On the letter it states that it is ordered that:

The stay is lifted

The claimant must file and serve amended particulars containing a concise statement of the facts which the claimant relies upon.

Where the claim is based uban a written agreement:

A) a copy of the contract or agreement
B) any general conditions

The defendant has permission to file and serve an amended defence by 14 days thereafter.'

I'm really struggling to comprehend all of this. I wiuld really appreciate it if someone could break it down for me.

Must I pay to file a new defence?

Is it too late or is there anything I should do/try to do to avoid going to court?

[Amethyst]

No you won't need to pay anything to file an amended defence, your 'new' defence will rely on what documents Intrum send to you.

You sent a CCA request - did they comply with that at all ?
Did they send a copy of the default notice?

Were you paying 1st Credit ( prior to them becoming Intrum) ?

So after you defended the case Intrum didn't do anything so the claim was put on hold. They have now applied to carry on with the case - they likely asked for summary judgment too but the court has decided to order them to produce documents and give you further opportunity to defend all good xx

So now you wait for Intrum to send you an amended particulars of claim and the contract/agreement as ordered by the court ... does the order actually give any date by which they should do so ?

[mikeg123]

No you won't need to pay anything to file an amended defence, your 'new' defence will rely on what documents Intrum send to you.

You sent a CCA request - did they comply with that at all ?
Did they send a copy of the default notice?

Were you paying 1st Credit ( prior to them becoming Intrum) ?

So after you defended the case Intrum didn't do anything so the claim was put on hold. They have now applied to carry on with the case - they likely asked for summary judgment too but the court has decided to order them to produce documents and give you further opportunity to defend all good xx

So now you wait for Intrum to send you an amended particulars of claim and the contract/agreement as ordered by the court ... does the order actually give any date by which they should do so ?

Hi,

Thanks very much for your response.

To answer your questions, they have sent me a copy of the page signed when I took out the credit agreement which I received today. Regarding the default notice, I have not received this but have been sent a photocopy today of a letter sent to me (dated 12/12/2014) notifying me that Lloyds has assigned the debt to 1st credit (finance) limited.

So you're aware I have received new particulars from the claimant today. Along with this, there were four separate documents.

Annex 1 - A photocopy of the page a signed when I took out the credit agreement (dated 6/2/09)
Annex 2 - Photocopies of Lloyds TSB credit card statements. Not every statement is present but most are.
Annex 3 - A photocopy of a letter sent to me (dated 12/12/2014) notifying me that Lloyds has assigned the debt to 1st credit (finance) limited. There is also a photocopy of a letter from 1st credit notifying me that Lloyds has assigned the debt to them.
Annex 4 - A copy of the direct debit agreement (dated 25/02/2016) between my bank and 1st credit along with a statement of account showing several (four) payments I made.
Annex 5 - A copy of the certificate of incorporation on change of name

I'm assuming I have 14 days from today to file a new defense. Is this correct?

I'm still struggling to comprehend all of this so I would really appreciate it if someone could break it down for me and let me know what my next steps should be.

Is it too late or is there anything I should do/try to do to avoid going to court?