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.

[Rocky Racoon]

Hi,

Here's an update on the situation. They have responded with the attached documents. While there are a few additional pieces included, there is still no signed credit agreement.

I have a couple of questions that I’d appreciate your help with:

Does the absence of the actual signed credit agreement mean they have failed to comply with my CPR 31.14 request?
Based on what they’ve provided, do they have sufficient information to enforce the debt?

As I’m not entirely familiar with the intricacies of this process, any advice or guidance you can offer would be greatly appreciated.

Thank you in advance for your help!

[echat11]

a) Does the absence of the actual signed credit agreement mean they have failed to comply with my CPR 31.14 request?

No, they've provided what they have, what they base their claim on.

But is it compliant, some agreement's won't have signatures simply because the agreement was taken out online. As you pointed out, there should be a lot more pages, Terms and Conditions should be there, they've sent a single page. I'd say that doesn't comply, it just look like a name and address has been added to a template, there is no date and no credit limit. What they've sent might not even be of the period you took out the agreement, say you took it out in 2015 and they've used 2018. Documents tend to have a Ref No. at the very bottom of the page (there is something there, but not sure what it is).

b) Based on what they’ve provided, do they have sufficient information to enforce the debt?

I would say 'no', the Courts might think different.

c) As I’m not entirely familiar with the intricacies of this process, any advice or guidance you can offer would be greatly appreciated.

Write to Drydens, write 'Without Prejudice Save as to Costs' on the letter, read the following, if your happy with it, send it off, Make sure you get Proof of Postage.

Dear Sir / Madam

Thank you for your letter of 28th November 2024

Thank you for providing the requested documentation under CPR 31.14.

The documentation provided by your client does not comply with the requirements of the Consumer Credit Act 1974. I invite your client to withdraw their Court Claim against me under Ref: XXXXXXXXXXX.

If the case proceeds to the Court Hearing, I will show the Judge / Court that your client hasn't complied with the requirements of the Consumer Credit Act 1974.

I look forward to hearing from you.

Yours faithfully

XXXXXXXXX

[Rocky Racoon]

Hi Echat11,

Thank you for your response and the helpful guidance you’ve provided.

Regarding the reference number ((VM31720v1_TB0421H) at the bottom of the single-page agreement, it seems to suggest that this may relate to a version dated 31st August 2020. Wouldn’t this be inconsistent with their claim that the account was opened on or around 27th August 2015?

I’ve drafted a response to include this point below. If you wouldn’t mind taking a quick look, I’d appreciate your thoughts. Do you think it’s worth mentioning, or should I proceed with the suggestions you’ve already made?

Thank you again for your support!


Dear Sir/Madam,

Re: Without Prejudice Save as to Costs – Claim Number XXXXXX

I write in response to your letter dated 28th November 2024, in connection with the above-referenced claim.

Thank you for providing documentation in response to my CPR 31.14 request. However, upon reviewing the materials provided, I note several significant deficiencies:

1. The single-page credit agreement appears to be a generic template with my name and address added, yet it contains no date of agreement or specified credit limit.
2. I would expect a complete set of documents, including all relevant terms and conditions, which have not been provided.
3. The document reference number on the single-page agreement supplied (VM31720v1_TB0421H) suggests it may pertain to a version dated 31st August 2020. This is inconsistent with your claim that the account was opened on or around 27th August 2015.

In light of these deficiencies, I respectfully invite your client to withdraw their court claim (Ref: XXXXXX). Should the matter proceed to a hearing, I will bring these issues to the court's attention and demonstrate that your client has failed to meet their obligations under the Consumer Credit Act 1974.

I trust that your client will consider this matter carefully and look forward to your response.

Yours faithfully,

[echat11]

Hi Echat11,

Thank you for your response and the helpful guidance you’ve provided.

Regarding the reference number ((VM31720v1_TB0421H) at the bottom of the single-page agreement, it seems to suggest that this may relate to a version dated 31st August 2020. Wouldn’t this be inconsistent with their claim that the account was opened on or around 27th August 2015?

I’ve drafted a response to include this point below. If you wouldn’t mind taking a quick look, I’d appreciate your thoughts. Do you think it’s worth mentioning, or should I proceed with the suggestions you’ve already made?

Thank you again for your support!


Dear Sir/Madam,

Re: Without Prejudice Save as to Costs – Claim Number XXXXXX

I write in response to your letter dated 28th November 2024, in connection with the above-referenced claim.

Thank you for providing documentation in response to my CPR 31.14 request. However, upon reviewing the materials provided, I note several significant deficiencies:

1. The single-page credit agreement appears to be a generic template with my name and address added, yet it contains no date of agreement or specified credit limit.
2. I would expect a complete set of documents, including all relevant terms and conditions, which have not been provided.
3. The document reference number on the single-page agreement supplied (VM31720v1_TB0421H) suggests it may pertain to a version dated 31st August 2020. This is inconsistent with your claim that the account was opened on or around 27th August 2015.

In light of these deficiencies, I respectfully invite your client to withdraw their court claim (Ref: XXXXXX). Should the matter proceed to a hearing, I will bring these issues to the court's attention and demonstrate that your client has failed to meet their obligations under the Consumer Credit Act 1974.

I trust that your client will consider this matter carefully and look forward to your response.

Yours faithfully,

That's fine - some errors.

I'd set the letter out as below, make sure you get Proof of Postage.

Update when you get a response.

Without Prejudice Save as to Costs

Dear Sir/Madam,

Re: Claim Number XXXXXX

I write in response to your letter dated 28th November 2024, in connection with the above-referenced claim.

Thank you for providing documentation in response to my CPR 31.14 request. However, upon reviewing the materials provided, I note several significant deficiencies:

1. The single-page credit agreement appears to be a generic template with my name and address added, yet it contains no date of agreement or specified credit limit.
2. I would expect a complete set of documents, including all relevant terms and conditions, which have not been provided.
3. The document reference number on the single-page agreement supplied (VM31720v1_TB0421H) suggests it may pertain to a version dated 31st July 2020. This is inconsistent with your claim that the account was opened on or around 27th August 2015.

In light of these deficiencies, I respectfully invite your client to withdraw their court claim (Ref: XXXXXX). Should the matter proceed to a Hearing, I will bring these issues to the court's attention and demonstrate that your client has failed to meet their obligations under the Consumer Credit Act 1974.

I trust that your client will consider this matter carefully and look forward to your response.

Yours faithfully,