Claim Form Received - Intrum UK Finance Limited C/O Capquest Debt Recovery Limited

[JK2054]

Hello, C/O just means care off, so you may find its just for mailing purposes rather than being anything more significant, although someone may advise it is signifcant but I don't think it would be/is.

[echat11]

Regulated firms has to obide by the pre action protocols set by the FCA.

[Rocky Racoon]

Here's an update on how things are progressing:

I filed my defence on 23rd August 2024, and it was officially received by the court on 27th August 2024.

I then received a letter from HM Courts & Tribunals Service, dated 27th August 2024, confirming receipt of my defence. The letter explained that a copy of my defence would be served on the claimant or their solicitors. It also mentioned that the claimant might reach out to me directly in an attempt to resolve the issue. Additionally, it stated that the claimant must notify the court within 28 days of receiving my defence, or the claim will be stayed.

On 23rd August 2024, I received a 'periodic statement' from Capquest, which stated that Capquest Debt Recovery has been appointed as an administrator by Intrum UK Finance Limited for the 'agreement' in question.

So far, I have not received any response to the CCA request I sent to Intrum UK Finance Limited or to the CPR 31.14 request that I sent to Drydens Limited.

I also submitted a Subject Access Request (SAR) to Virgin Money, and on 18th September 2024, they responded by sending me a USB stick containing recordings of phone calls between them and me. To be honest, I feel a bit uneasy about plugging a USB device into my computer, so I haven’t listened to the recordings yet.

Does it sound like everything is moving in the right direction? Is there anything else I should be doing at this stage?

[echat11]

Here's an update on how things are progressing:

I filed my defence on 23rd August 2024, and it was officially received by the court on 27th August 2024.

I then received a letter from HM Courts & Tribunals Service, dated 27th August 2024, confirming receipt of my defence. The letter explained that a copy of my defence would be served on the claimant or their solicitors. It also mentioned that the claimant might reach out to me directly in an attempt to resolve the issue. Additionally, it stated that the claimant must notify the court within 28 days of receiving my defence, or the claim will be stayed.

On 23rd August 2024, I received a 'periodic statement' from Capquest, which stated that Capquest Debt Recovery has been appointed as an administrator by Intrum UK Finance Limited for the 'agreement' in question.

So far, I have not received any response to the CCA request I sent to Intrum UK Finance Limited or to the CPR 31.14 request that I sent to Drydens Limited.

I also submitted a Subject Access Request (SAR) to Virgin Money, and on 18th September 2024, they responded by sending me a USB stick containing recordings of phone calls between them and me. To be honest, I feel a bit uneasy about plugging a USB device into my computer, so I haven’t listened to the recordings yet.

Does it sound like everything is moving in the right direction? Is there anything else I should be doing at this stage?

O.K., neat summary, you are on top of things, update when you get more information.
Try to listen to the recordings on the USB, see if that can aid your case.

[Rocky Racoon]

Here’s a further update on how things are progressing:

I’ve received the attached response from Drydens Solicitors. From what I can tell, it doesn’t appear to include an actual copy of the agreement, just a lot of paperwork that doesn’t seem relevant.

My question is: Does this response satisfy my CPR 31.14 request and/or their legal responsibility?

Additionally, I’d really appreciate some guidance on the best next steps to take from here.

Many thanks,
Rocky

[JK2054]

that response equals we dont have the paperwork

[echat11]

Here’s a further update on how things are progressing:

I’ve received the attached response from Drydens Solicitors. From what I can tell, it doesn’t appear to include an actual copy of the agreement, just a lot of paperwork that doesn’t seem relevant.

My question is: Does this response satisfy my CPR 31.14 request and/or their legal responsibility?

Additionally, I’d really appreciate some guidance on the best next steps to take from here.

Many thanks,
Rocky

There are Letters of Assignment form Capquest, do they contain the correct information?

There seems to be partial Terms and Conditions from 2015, but no actual Credit Agreement.

There is a Default Notice, was it served correctly? i.e. dates etc.

[Rocky Racoon]

Thank you for your responses, JK2054 & Echat11.

Regarding the Letters of Assignment from Capquest, they do seem to contain the correct information, including my name, address, creditor name, original account number, and current balance. However, this doesn’t necessarily mean that I’ve ever actually received a copy previously.

In terms of the partial Terms and Conditions from 2015, I can see those, and it does state, “You can ask us for a copy of this agreement at any time,” but no actual credit agreement has been provided.

As for the Default Notice, how would I determine if it was served correctly in terms of dates and compliance?

Drydens mentioned in their letter, "We trust that the enclosed documents satisfy your CPR 31.14 request and look forward to receiving a response to the Claim within the next 14 days."

My questions are as follows:

• Does the non-provision of the actual credit agreement mean they have failed to comply?
• Do they have enough information within their CPR 31.14 response to enforce the debt?
• Is there a template letter available that I can use to respond to Drydens' letter?

I really appreciate any help you can provide, as I’m not very familiar with all of this.

Best regards,

Rocky

[echat11]

a) Does the non-provision of the actual credit agreement mean they have failed to comply?

It's doesn't even look as though they have tried to 'reconstruct' an agreement. When was the account opened?

b) Do they have enough information within their CPR 31.14 response to enforce the debt?

There's no credit agreement, even the Terms and Conditions look like they are missing pages, so no, but only a Court can make a decision on that.

c) Is there a template letter available that I can use to respond to Drydens' letter?

No, template letter, write to them, explain that they haven't complied with your CPR 31.14 request. Explain that if they fail to comply, you will have no chose, but to make an application to the Courts.

d) As for the Default Notice, how would I determine if it was served correctly in terms of dates and compliance?

You know when you stopped making payments, the Terms and Conditions will state when they will Default the account. So if you've requested SAR information, then that will tell you what happened and when it happened.

[Rocky Racoon]

Thank you for your quick response, Echat11.

According to the Default Notice from Clydesdale Bank PLC (trading as Virgin Money), the Money Credit Card account agreement was taken out on 27th August 2015, and the notice was served on 27th September 2022.

I've drafted the following letter in response to Drydens Solicitors. Would you mind taking a look to see if everything sounds okay? Is there anything else I need to include?

Thanks in advance for your help!

Rocky


Dear Sir/Madam,

Re: CPR 31.14 Request and Failure to Provide Documentation – Claim Number XXXXXXXX

I write in response to the documents you have recently provided in connection with the above-referenced claim.

Upon reviewing the materials, it is apparent that they do not include a valid, executed copy of the credit agreement, which is fundamental to your client’s claim. Additionally, the Terms and Conditions provided appear incomplete, with missing pages or sections that would form part of the required disclosure.

As you are aware, under the Civil Procedure Rules (CPR) 31.14, I am entitled to inspect any document mentioned in your Particulars of Claim, including the credit agreement and any Default Notice on which you rely to substantiate the claim. The documents you have provided so far do not fulfil this requirement, and the failure to supply a complete, signed credit agreement represents a significant omission. Furthermore, under the Financial Conduct Authority’s CONC 13.1 guidelines, strict compliance with documentation requirements is necessary when seeking to enforce consumer credit agreements. The lack of documentation renders the debt unenforceable.

Unless you fully comply with my request under CPR 31.14 by providing all relevant documentation, including a true copy of the credit agreement, I will be left with no choice but to apply to the court to compel compliance as part of my defence. This may also result in further costs being sought against your client.

I kindly request that you respond promptly by providing the necessary documents within the next 14 days.

Yours faithfully,

[echat11]

Thank you for your quick response, Echat11.

According to the Default Notice from Clydesdale Bank PLC (trading as Virgin Money), the Money Credit Card account agreement was taken out on 27th August 2015, and the notice was served on 27th September 2022.

I've drafted the following letter in response to Drydens Solicitors. Would you mind taking a look to see if everything sounds okay? Is there anything else I need to include?

Thanks in advance for your help!

Rocky


Dear Sir/Madam,

Re: CPR 31.14 Request and Failure to Provide Documentation – Claim Number XXXXXXXX

I write in response to the documents you have recently provided in connection with the above-referenced claim.

Upon reviewing the materials, it is apparent that they do not include a valid, executed copy of the credit agreement, which is fundamental to your client’s claim. Additionally, the Terms and Conditions provided appear incomplete, with missing pages or sections that would form part of the required disclosure.

As you are aware, under the Civil Procedure Rules (CPR) 31.14, I am entitled to inspect any document mentioned in your Particulars of Claim, including the credit agreement and any Default Notice on which you rely to substantiate the claim. The documents you have provided so far do not fulfil this requirement, and the failure to supply a complete, signed credit agreement represents a significant omission. Furthermore, under the Financial Conduct Authority’s CONC 13.1 guidelines, strict compliance with documentation requirements is necessary when seeking to enforce consumer credit agreements. The lack of documentation renders the debt unenforceable.

Unless you fully comply with my request under CPR 31.14 by providing all relevant documentation, including a true copy of the credit agreement, I will be left with no choice but to apply to the court to compel compliance as part of my defence. This may also result in further costs being sought against your client.

I kindly request that you respond promptly by providing the necessary documents within the next 14 days.

Yours faithfully,

That's fine, doesn't need any additions.