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

[Rocky Racoon]

Received a claim? Yes/No: Yes
Issue Date: 23/07/2024
Have you Acknowledged the Claim?: Yes (Submitted and received on the 01/08/2024)
Total Amount Claimed : £2,500
Claimant’s Name: Intrum UK Finance Limited, C/O Capquest Debt Recovery Limited
Solicitors Firm: Drydens Limited
Original Creditor: Virgin Money PLC
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim:
1. The claim is for the sum of £2,300 in respect of monies owing by the defendant on a credit agreement held by the defendant with Virgin Money Plc under account number 52XXXXXXXXXXXX upon which the defendant failed to maintain payments.
2. A default notice was served upon the
defendant and has not been complied with.
3. The balance owed was assigned from Virgin Money Plc to the claimant, and the defendant has been notified of the assignment by letter.
Contact drydensfairfax solicitors on XXXXXX
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not Sure

Hi,

I was hoping for a little help and guidance regarding the Claim form received from Dryden Limited with Intrum UK Finance Limited C/O Capquest Debt Recovery Limited as the claimant.

First steps

I have sent the following letters which I have attached (I have have removed any personal information)

Drydens Limited - Acknowledgment of the Claim Letter - Drydens Limited (Forum Edit)
Intrum UK Finance Limited - CCA Request - Intrum UK Finance Limited (Forum Edit)

I have now received the following letters

Dryden Limited - Drydens Letter Received - 14.08.24 (Forum Edit)
CapQuest Debt Recovery Limited on behalf of Intrum UK Finance Limited received 19/08/24 (not dated) - A response to the content of your letter will be issued as soon as possible.
CapQuest Debt Recovery Limited on behalf of Intrum UK Finance Limited received 19/08/24 (Dated 20/08/24) - An excuse letter enclosing a statutory document - Notice of Default Sums claiming (for example) they don't hold my current address yet they had it to send the Claim Form.

I'm now confused on my next steps.

Do I need to make the court aware of the agreement to the further 28 days extension upon receipt of the documents in the Dryden letter?
With the 'running credit agreement' stated in the Capquest letter dated 27/08/2015, would this make it Statute Barred?
I've read on another forum that Intrum UK Finance Limited are not authorised to issue claims. Is this correct?

Any help and advice would be greatly appreciated.

Regards

Rocky

[Rocky Racoon]

Acknowledgment of the Claim Letter - Drydens Limited (Forum Edit)

[Rocky Racoon]

Other attachments

[echat11]

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence - You've done this.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to Virgin Money, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Intrum UK Finance Limited they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage. - You've done this.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Drydens Limited they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage. - You've done this.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, have a go, copy /paste back to this thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 4 days before it's due we can help with your Defence.

[Firstclass]

You may care to check the FCA website and search for Intrum financial limited.
I too have a case similar to yours and I believe that they cannot bring a claim under consumer credit act as they are not regulated by the FCA.
May our more learned friends have any comments please?

[echat11]

You may care to check the FCA website and search for Intrum financial limited.
I too have a case similar to yours and I believe that they cannot bring a claim under consumer credit act as they are not regulated by the FCA.
May our more learned friends have any comments please?

Yes, 'learned friends' has comment, 'C/O Capquest Debt Recovery Limited', they are 'Regulated by the FCA, Ref: 721513.
Authorised - Since 18/08/2016

[Rocky Racoon]

Hi Echat11

Thank you for your response.

I will look to send a SAR request to Virgin Money today.

I will also start looking at the defence example. The issue date is the 23/7/24 so with the the Acknowledge the Claim, 28 days + 5 days, this would work out the date as the 25/8/24 to file my defence.

CCA request to Intrum UK Finance Limited in which they have 12 days to provide a copy of the original agreement. I have proof of postage, sent on the 2/8/24 via 1st class signed for. I have confirmation this was signed / delivered at: 09:23, Friday 09 August 2024. The only response so far from them is the 2 x CapQuest letters attached earlier in the thread.

CPR 31.14 request to Drydens Limited in which they have 7 days to provide all the documents they are relying on to make the claim against me. Again I have proof of postage, sent on the 2/8/24 via 1st class signed for. I have confirmation this was signed / delivered at: 07:24, Monday 05 August 2024. The only response so far from them is the Drydens letter received on the 14/8/24.

With this information in mind and that fact I need to file the defence by 25/8/24, what would you suggest I write in my defence part? I'll certainly have a go.

Regards

Rocky

[echat11]

Hi Echat11

Thank you for your response.

I will look to send a SAR request to Virgin Money today.

I will also start looking at the defence example. The issue date is the 23/7/24 so with the the Acknowledge the Claim, 28 days + 5 days, this would work out the date as the 25/8/24 to file my defence.

CCA request to Intrum UK Finance Limited in which they have 12 days to provide a copy of the original agreement. I have proof of postage, sent on the 2/8/24 via 1st class signed for. I have confirmation this was signed / delivered at: 09:23, Friday 09 August 2024. The only response so far from them is the 2 x CapQuest letters attached earlier in the thread.

CPR 31.14 request to Drydens Limited in which they have 7 days to provide all the documents they are relying on to make the claim against me. Again I have proof of postage, sent on the 2/8/24 via 1st class signed for. I have confirmation this was signed / delivered at: 07:24, Monday 05 August 2024. The only response so far from them is the Drydens letter received on the 14/8/24.

With this information in mind and that fact I need to file the defence by 25/8/24, what would you suggest I write in my defence part? I'll certainly have a go.

Regards

Rocky

In your 'Defence' you are addressing their Particulars of Claim. So the following -

'Particulars of Claim:
1. The claim is for the sum of £2,300 in respect of monies owing by the defendant on a credit agreement held by the defendant with Virgin Money Plc under account number 52XXXXXXXXXXXX upon which the defendant failed to maintain payments.
2. A default notice was served upon the
defendant and has not been complied with.
3. The balance owed was assigned from Virgin Money Plc to the claimant, and the defendant has been notified of the assignment by letter.
Contact drydensfairfax solicitors on XXXXXX'

You have the facts at hand and can use the example defence, when it's done, copy and paste without personal details, I can have a look. It's fairly straightforward.

[Rocky Racoon]

Hi Echat11

So, I've had ago at the defence. Some of it I'm a little unsure of. By all means, please take a look and I would really appreciate your advice of what is actually applies to me.

Regards

Rocky

**IN THE [NAME OF COURT] COUNTY COURT**
**Claim No: [Insert Claim Number]**
**BETWEEN:**
**[Claimant's Name]**
**Claimant**
**-AND-**
**[Defendant's Name]**
**Defendant**
**DEFENCE**
1. The Defendant received the claim [Claim Number] from the Civil National Business Centre on 23rd July 2024.
2. Each and every allegation in the Claimant’s Particulars of Claim is denied unless specifically admitted within this Defence.
3. This claim appears to be for a credit agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has previously entered into an agreement with Virgin Money Plc for the provision of credit.
5. The Claimant’s Particulars of Claim fail to provide sufficient details to allow the Defendant to fully assess the claim and respond appropriately.
6. The Claimant’s Particulars of Claim fail to specify the date on which the agreement was entered into.
7. The Defendant contends that the alleged debt may be statute-barred by virtue of Section 5 of the Limitation Act 1980, as no payment or acknowledgment has been made for over six years.
8. The Claimant’s statement of case indicates that the account was assigned from Virgin Money Plc to the Claimant. However, the Defendant does not recall receiving notice of this assignment and requires the Claimant to prove this assignment was properly executed and communicated.
9. It is denied that Virgin Money Plc served any Default Notice on the Defendant pursuant to s87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served, and that it adhered to the requirements of s88(4A) of the Consumer Credit Act 1974 and the Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10. On 1^st August 2024, the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant’s Solicitor. The Defendant requested copies of the Credit Agreement, Default Notice, and Assignment Letter.
11. The Claimant’s Solicitor has not provided any of these documents to the Defendant.
12. On 1^st August 2024, the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section [77 or 78] of the Consumer Credit Act 1974, along with the statutory £1 fee.
13. The Claimant has failed to comply with [s77 (1) / s78 (1)] of the Consumer Credit Act 1974, and by virtue of [s77 (4) / s78 (6)] of the Consumer Credit Act 1974, the Claimant is not entitled to enforce the agreement.
14. The Defendant requested an extension of time for filing this Defence pending receipt of the requested documents (as allowed under CPR 15.5), but the Claimant declined. The Defendant notes that the Parties have agreed to an extension under CPR 15.5 to allow the Claimant additional time to produce the relevant documentation to evidence their claim, but the Claimant has failed to do so.
15. Under Civil Procedure Rule 16.5(4), where the claim includes a money claim, the Defendant is taken to require that any allegation relating to the amount of money claimed be proved unless expressly admitted. Therefore, it is expected that the Claimant proves the allegation that the money is owed as claimed.
16. The Defendant respectfully requests the Court to order the Claimant to provide the necessary documentation in order for the Defendant to fully plead his case, failing which the claim should be struck out.
17. In the event that the relevant documents are provided by the Claimant, the Defendant will be in a position to amend this Defence and would request that the Claimant bears the costs of such an amendment.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.
**Statement of Truth**

The Defendant believes that the facts stated in this Defence are true. The Defendant understands that proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in a document verified by a statement of truth without an honest belief in its truth.

**[Defendant’s Signature]**
**[Defendant’s Name]**
**[Date]**

[echat11]

So look at no. 7, I've asked some questions, if no. 7 doesn't apply, remove 7, re-number, read through the Defence several times, if your happy with it, it's ready to file with the Court via MCOL when you are ready. You could post a copy to Drydens so you know they've got it.


**IN THE [NAME OF COURT] COUNTY COURT**
**Claim No: [Insert Claim Number]**
**BETWEEN:**
**[Claimant's Name]**
**Claimant**
**-AND-**
**[Defendant's Name]**
**Defendant**
**DEFENCE**

1. The Defendant received the claim [Claim Number] from the Civil National Business Centre on 23rd July 2024.

2. Each and every allegation in the Claimant’s Particulars of Claim is denied unless specifically admitted within this Defence.

3. This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

4. It is admitted that the Defendant has previously entered into an agreement with Virgin Money Plc for the provision of credit.

5. The Claimant’s Particulars of Claim fail to provide sufficient details to allow the Defendant to fully assess the claim and respond appropriately.

6. The Claimant’s Particulars of Claim fail to specify the date on which the agreement was entered into.

7. The Defendant contends that the alleged debt may be statute-barred by virtue of Section 5 of the Limitation Act 1980, as no payment or acknowledgment has been made for over six years.

Questions will help you decide whether it is statute barred or not -

a. when was the account opened?
b. when was the last payment made?
c. has the debt been acknowledged in writing over the last 6 years?

8. The Claimant’s statement of case indicates that the account was assigned from Virgin Money Plc to Intrum UK Finance Limited. However, the Defendant does not recall receiving notice of this assignment and requires the Claimant to prove this assignment was properly executed and communicated.

9. It is denied that Virgin Money Plc served any Default Notice on the Defendant pursuant to s87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served, and that it adhered to the requirements of s88(4A) of the Consumer Credit Act 1974 and the Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10. On 1^st August 2024, the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to Drydens Solicitors. The Defendant requested copies of the Credit Agreement, Default Notice, and Assignment Letter.

11. Dryden's Solicitor has not provided any of these documents to the Defendant.

12. On 1^st August 2024, the Defendant sent a formal request for a copy of the original agreement to the Claimant pursuant to section 78 of the Consumer Credit Act 1974, along with the statutory £1 fee.

13. The Claimant has failed to comply with s78 (1) of the Consumer Credit Act 1974, and by virtue of s78 (6) of the Consumer Credit Act 1974, the Claimant is not entitled to enforce the agreement.

14. Under Civil Procedure Rule 16.5(4), where the claim includes a money claim, the Defendant is taken to require that any allegation relating to the amount of money claimed be proved unless expressly admitted. Therefore, it is expected that the Claimant proves the allegation that the money is owed as claimed.

15. The Defendant respectfully requests the Court to order the Claimant to provide the necessary documentation in order for the Defendant to fully plead his case, failing which the claim should be struck out.

16. In the event that the relevant documents are provided by the Claimant, the Defendant will be in a position to amend this Defence and would request that the Claimant bears the costs of such an amendment.

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

**Statement of Truth**

The Defendant believes that the facts stated in this Defence are true. The Defendant understands that proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in a document verified by a statement of truth without an honest belief in its truth.

**[Defendant’s Signature]**
**[Defendant’s Name]**
**[Date]**

[Rocky Racoon]

Thanks Echat11, very much appreciated!

I've done the defence and ready to file.

Quick question, I've just noticed on the MCOL portal, the Claimant is only down as Intrum Uk Finance Limited.

There is no mention of C/O Capquest Debt Recovery Limited. Could it be argued they cannot bring a claim under consumer credit act as they are not regulated by the FCA.

Thanks again

Rocky

[Rocky Racoon]

Also, do I need to put the below information when filing the defence online? It looks like this is automatically on the claim form.

**IN THE [NAME OF COURT] COUNTY COURT**
**Claim No: [Insert Claim Number]**
**BETWEEN:**
**[Claimant's Name]**
**Claimant**
**-AND-**
**[Defendant's Name]**
**Defendant**
**DEFENCE**

[echat11]

@admin can you unblock.

[echat11]

Also, do I need to put the below information when filing the defence online? It looks like this is automatically on the claim form.

**IN THE [NAME OF COURT] COUNTY COURT**
**Claim No: [Insert Claim Number]**
**BETWEEN:**
**[Claimant's Name]**
**Claimant**
**-AND-**
**[Defendant's Name]**
**Defendant**
**DEFENCE**

Should be fine without those details, but no harm adding them, don't forget Statement of Truth.

[Rocky Racoon]

Ok, Thanks Echat11

Quick question, I've just noticed on the MCOL portal, the Claimant is only down as Intrum Uk Finance Limited.

There is no mention of C/O Capquest Debt Recovery Limited. Could it be argued they cannot bring a claim under consumer credit act as they are not regulated by the FCA? The claim form received in the post itself does mention C/O Capquest Debt Recovery Limited.