Intrum threatening bankruptcy

[Airsax]

Instrum have purchased an alleged credit card debt. The original card was taken out in 1996, with an upgraded account dated 2004. When I asked the original creditor for documentation, all that they could supply was the 2004 paperwork, consisting of a few old statements and the agreement with my signature. They were photocopies not the originals. The last payment which I made was in November 2014 so not statute barred yet. I have not responded to Intrum or returned their automated calls. Assuming that the only paperwork that they likely have is the photocopy of a 2004 agreement, can they legally threaten bankruptcy? They have already offered a reduced settlement so am I right in thinking that the alleged debt may be unenforceable in law?

[Amethyst]

How much approx is the debt outstanding?

When you say upgraded account - was it an entirely new agreement/account and you had the balance transferred across ?

[Airsax]

I think it was a new account and the balance transferred. The amount claimed is 16,600

[Amethyst]

Okay. Yes they can issue a statutory demand to try and bankrupt you.

The 2004 agreement will be the relevant one for the account.

I'd send a CCA request to Intrum ( as you've only had the agreement from the original creditor I think, under a SAR? ) so a CCA request will ensure that Intrum have to provide the same document... of course it is likely they will be able to if the OC had it available.

Have Intrum put a figure on their offer of a reduced settlement?

Was it a Halifax credit card originally ?

And is the letter a letter of claim / before action with a reply form ?

[Airsax]

Yes, it was a Halifax card. They didn’t put a figure on the discount offer. This isn’t yet a court claim (I think I’ve posted this in the wrong thread). The reason that I have had no contact with them yet is that I didn’t want to inadvertently acknowledge the alleged debt if they had no power to enforce it.

[Amethyst]

That's okay. So it's a 'we've bought your debt and if you don't do something we might take some action' type letter ?

Gather your background info - CCA request to Intrum isn't acknowledging the debt it's just a request for info.

Are you in any position to make a F&F settlement offer - say 30/40% of the debt ? if they come up with the agreement?

Do you own your own house ?

[Airsax]

Yes, it’s the standard letter so far. I could make an offer but would probably have to sell my home to raise even 30% so don’t want to make an offer yet. Do intrum have a history of successful bankruptcy cases?

[Amethyst]

There's 3 in the Gazette for Feb 2019 where the petitioner was Intrum. That doesn't really say a lot tbh, but yes they do do it on occassion. They'd have to issue a Statutory Demand, which you can respond to saying that it is not appropriate as a disputed debt and try get it changed to a standard court claim.... otherwise they may take it to court for a CCJ and then try enforce the CCJ by statutory demand. So it isn't just an empty threat.

You are best trying to gather the information to begin with, and potentially getting in touch with Stepchange to go through your overall circumstances - work out what, if it came to it, an affordable offer would be to be acceptable to Intrum or the court.... selling your home to raise £5k to pay off an old credit card debt is not an option ( well it is, but a little extreme - I only asked if you could do a F&F as some people do have savings and have just left debts hoping they'd go to statute barred so are in a position to settle for a reduced sum in full and final.)

You can keep ignoring them and only deal with it if they send a letter before action ... sending the a CCA request and request for more information / documents at that point. It really depends what you want to do. There's another year or so before it could be statute barred so it is unlikely it'd just be left. We haven't seen many County court claims from Intrum on here for a while - that may be they are going for bankruptcy on larger ( over £10k ) debts and people aren't posting about it.

What does their letter actually say ? Is it a direct threat of bankruptcy or is bankruptcy just mentioned as one of their options of the terrible consequences of ignoring their letters and you've just focused in on it ?

[Airsax]

It’s the usual “we may take action if you don’t get in touch....we may issue bankruptcy proceedings against you if you don’t get in touch....we may pass your account to our internal legal department for review...we believe that you’re currently a home owner and believe you have sufficient means....we’d really like to help you....it doesn’t need to come to that” etc etc

[Amethyst]

Awww they are so thoughtful.... although they don't sound very sure of themselves. Up to you, personally I'd get a CCA request off direct to Intrum, being clear you don't acknowledge any debt, and go from there. Once that's in, if they do try a stat demand, you can quite easily set it aside as a disputed debt unsuitable for bankruptcy proceedings.

[Airsax]

Thanks, I’ll give it a go. After all, if it is so clear cut why would Halifax sell it on if they could have taken me to court for the full amount?

[Amethyst]

Tax ... lol - if you look through the forums you'll see it's hardly ever the original creditor that takes a debt to court - it's sold on to a debt purchaser who take the risk/ cost of collection on after haveing bought the debt for something like 15p in the £ ( depending on the age of it )

[pt2537]

Intrum need to ensure that the debt is defaulted etc as otherwise it may be tricky for them to SD the debt ala Doyle

They are quite agressive but they arent that sharp when it comes to defending their claims

[Airsax]

I’ve sent the CCA. In the meantime, another “We’re getting ready for bankruptcy proceedings....we’re planning to hand your account over to our legal team to consider starting bankruptcy proceedings....this can have serious detrimental effects on your credit file.....we’d prefer not to progress to bankruptcy....contact us within ten days”. They should get my CCA on Monday so watch this space!

[pt2537]

You may want to contact them with a short letter, something simple like

Dear Sirs

Thank you for your letter dated............. confirming your intention to commence bankruptcy proceedings. I presume you intend to serve a statutory demand? If this is the case please note that it will be subject to an application to set aside and i shall seek costs from you. This debt is disputed.

This matter appears to relate to a Consumer Credit Act regulated agreement, i have exercised my right request a true copy of the agreement under s78 (1) Consumer Credit Act and i look forward to receiving these documents by return, also i look forward to receiving a copy of the default notice upon which you rely and a full statement of account showing how the sums claims accrued.

In the mean time i trust all intended proceedings will be placed on hold.

Yours faithfully.