Intrum threatening bankruptcy

[Airsax]

Well, today I received my "Annual statement of account" from Intrum. No mention of my CCA request. Tomorrow is working day twelve since I sent the letter (recorded delivery with the £1 postal order. Wonder what will be next? I'm thinking that they have no evidence whatsoever to their claim!

[Airsax]

Hi all, well, finally heard from Intrum. Standard letter which reads:

"We are aware that you have raised a dispute/query on the above account.

What Happens next

We will contact the original creditor in order to request any information they hold relating to a dispute in relation to this account. It may take several weeks for them to gather this information.

We will suspend collections activity on this account whilst we endeavour to obtain these documents.

What you can do.

Please send us any information you have in relation to your dispute/query; this can include:

Details of what the dispute relates to
Copies of any letters from the original creditor relating to your dispute
Copies of any letters to the original creditor.

If you would like to speak etc

Please be assured that Intrum will assist you in resolving any outstanding queries."

I know that this is a standard letter, but why are they asking me for copies of letters passing between me and the OC? Is it possible that the OC has already informed them that they no longer have the correspondence and hope that I will obligingly provide them with what they need?

[Airsax]

Anyone else had a debt buyer ask them to send correspondence from the OC? Seems unusual to me.

[Amethyst]

Probably. I'd let them obtain information from the original creditor.

If there was a legitimate dispute ( eg the account was ID theft, there was a cock up in the bills etc ) then providing copies might enable to get things sorted out with Intrum sooner - hence it being in the standard letter. You haven't said in your letter that the account IS in dispute, only that you require more information so you needn't do anything.

[Airsax]

well, finally received a barely legible photocopy of my original agreement dated September 30 1996. Along with some reconstituted statements from 2014. No threats of bankruptcy now though. tried to upload the documents but no luck.

[Airsax]

Still trying to upload the document. Basically, it is one double sided page, largely illegible dated sept 1996. Both current and previous addresses are over twenty years ago. This is the only place my signature appears. Anyone know how likely such an old photocopy is to be accepted by a court. I know Intrum bluff a bit......

[Airsax]

I finally uploaded the only evidence with my signature from 23 years ago. They have also sent a load of printouts headed presue prelegal etc, but they are for a mastercard whilst this (if anyone can read it) is for a visa card. Any ideas as i think they are about to recommence action. Would this document be sufficient for them to proceed? Thanks :-)

[MIKE770]

need to PDF them as cannot read too small

[Airsax]

Here they are as pdf, hope it works! Scan pdf 1.pdf Scan pdf 2.pdf

[Amethyst]

It is incomplete - it refers to the agreement incorporating the Halifax Visa Conditions which are not attached so no it is not compliant as it stands ( plus its rather illegible and fails on prescribed terms - no interest rate/repayment terms etc etc)
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and the actual debt is from a 2004 agreement isn't it - for mastercard - not from this 1996 agreement for a visa card. You may well have migrated the visa debt from 1996 TO a mastercard in 2004 - but they need the mastercard 2004 agreement if the debt they are claiming is the mastercard.


Also, you had PPI, so you should get a claim in to Halifax before August. If successful any refund due could be removed from the amount of the debt.
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[MIKE770]

early years you use to get a Mastercard & visa card for use ?= one account number, as per many HSBC RBS etc etc they are scrapping the barrel what jerks shows how low these cretins have got to

[pt2537]

Agree with Amethyst here

IF the debt started as Card A and then Card B was opened as a new credit token, trying to enforce card agreement A would be quite futile.

Also, As Ame points out under s78 they must provide the complete agreement not just part of it, ala Kotecha v Phoenix para 7 of the COA judgment

[Airsax]

Thanks so much everyone for your replies, it's eased my mind a lot as I never expected them to come up with such an old document. Interestingly, the 2004 agreement which Halifax sent to me when all this started doesn't seem to have been passed to Intrum! Maybe that is why they asked me to send them all correspondence I had had with Halifax (nice try!). Their standard letter informs me that unless I contact them with a payment plan in the next fourteen days "normal collection activity" will recommence. I did get a PPI payout from Halifax some years ago when the whole PPI thing first began so I assumed it was that, but since I also had a current account with Halifax I'm not sure. I'm sure I'll hear from them soon.....

[Airsax]

Well, I’ve just received a letter from Intrum “Legal Department” to say that the account has been passed to them. I have fourteen days before a statutory demand, prior to issuing bankruptcy proceedings. Please call to discuss repayment options etc.

[Amethyst]

Reply pointing out the account is disputed and if they issue a statutory demand you will be applying to set it aside. Just reading your thread back ...

hmm yes

IF the debt started as Card A and then Card B was opened as a new credit token, trying to enforce card agreement A would be quite futile.

Also, As Ame points out under s78 they must provide the complete agreement not just part of it, ala Kotecha v Phoenix para 7 of the COA judgment

you've had no further documents from them so they are deficient - they'd struggle with getting a judgment through a court claim - a statutory demand you just have to show there is a dispute to get it set aside and then intrum would have to take it through county court. As things stand you'd be able to defend on the agreement being incomplete and being the wrong one( ie not the one the debt is for )

Have you responded to them at all since they sent the documents ? You should put them on notice you dispute the debt.