Money claim by Reston solicitors

[Abdon71]

I have received a money claim from Reston solicitors on behalf of intrum uk. It is regarding a Virgin money credit card. In 2023 there were a some transactions on the card which I disputed with Virgin and they still sent me a bill and asked to pay for it and at the time there was a death in the family and I couldn't get in touch with virgin so they gave me a default and sold debt to intrum.

I cannot afford legal advice so I responded to the money claim with a counter defense and demanded compensation as intrum have caused me much stress and anxiety as a result I am now on depression medication. Today I have received a copy of the directions questionnaire and a letter they have sent to the court trying to throw my defence out. I think I panicked and didn't really write out a proper defence as I don't have any legal knowledge.

Any advice will be greatly appreciated.

[Abdon71]

I have attached the letter that restons sent to the court.

[echat11]

Hi ABDON71

Welcome to LB

Have you filed your Directions Questionnaire with the Court and Creditor's solicitors?

[Abdon71]

Hello Echat11, thank you for your response. I haven't filled it yet.

[echat11]

Hello Echat11, thank you for your response. I haven't filled it yet.

So you can Reply to their Reply to your Counterclaim.
Courts don't award compensation for stress and anxiety.

If you are being chased for monies that you don't owe, then you can Counterclaim for harassment, but you will need to show that you don't owe the claimed money (have evidence) and have evidence of harassment i.e. letters they've sent, phone calls they've made etc.

Your Reply has to be submitted with your Directions Questionnaire.

So you can get your Defence / Counterclaim back on track.

The reason why they are trying to get it thrown out is 'Courts don't award compensation for stress and anxiety'. But you can make a Counterclaim for Harassment under the Protection from Harassment Act 1997, but you need evidence both on debt and harassment.

[Abdon71]

I don't really have any evidence to say I didn't make the transactions but I did contact virgin at the time and disputed the transactions and they never got back to me and it ended up with debt collection agencies. Intrum hired a company called resolve call and threatened me they will visit my property and when they arrived I didn't acknowledge the debt. Unfortunately I don't have the letters regarding their visit.

[echat11]

I don't really have any evidence to say I didn't make the transactions but I did contact virgin at the time and disputed the transactions and they never got back to me and it ended up with debt collection agencies. Intrum hired a company called resolve call and threatened me they will visit my property and when they arrived I didn't acknowledge the debt. Unfortunately I don't have the letters regarding their visit.

You disputed the debt stating the transactions weren't yours, you should have followed up, but as you state, there were personal circumstances i.e. death in family etc.

You would of received letters to say you owed the money from, the original creditor, from the DCA etc. That would be evidence of harassment.

So first thing to do is fill in the Directions Questionnaire -

https://legalbeagles.info/library/gu...uestionnaire//

Update when you've done that, then we can look at a Reply to their Counterclaim.

Also send Virgin Money Credit Card a Subject Access Request, they have 30 days to provide all the data on the account over the last 6 years. Make sure you get Proof of Postage.

[Abdon71]

Thank you so much for the guidance I really appreciate it as I don't have any legal knowledge. There is an email address to request the sar at virgin money, is that sufficient or I still should send it via post?

[echat11]

Thank you so much for the guidance I really appreciate it as I don't have any legal knowledge. There is an email address to request the sar at virgin money, is that sufficient or I still should send it via post?

Email should be fine, they should send you notes that are on your account, the notes should state that you are disputing the transactions on the account. There maybe other helpful information.

Is there a date by which you have to return your DQ?

[Abdon71]

Yes 13th of March.

[echat11]

Yes 13th of March.

O.K. go through their Reply to your Defence and Defence to Counterclaim, have a go at drafting a Reply, then post it on this thread without personal details.

[Abdon71]

Hi ECHAT11, please kindly look at the reply below. If anything should be amended or added please let me know and is the reply to be sent together with the directions questionnaire?

COUNTER-REPLY
1. The Defendant/Part 20 Claimant ("Defendant") denies that the Claimant/Part 20 Defendant ("Claimant") is the rightful creditor of the account. The Defendant requires the Claimant to prove the assignment of the alleged debt and provide a copy of the assignment agreement.
2. The Defendant reiterates that he did not utilise the Virgin Money Credit Card and that a dispute was raised with Virgin Money in respect of the same. The Defendant will rely on his bank statements and correspondence with Virgin Money as evidence.
3. The Defendant avers that the Claimant's actions, including but not limited to, repeated telephone calls, letters, and emails demanding payment, constitute harassment. The Defendant will provide evidence of the frequency and content of these communications to demonstrate their harassing nature.
4. The Defendant maintains that his Counterclaim is properly particularised and constitutes a valid cause of action. The Defendant's Counterclaim arises from the Claimant's harassment and breach of the Defendant's data protection rights.
5. The Defendant will provide further particulars of his Counterclaim, including evidence of the Claimant's unlawful processing of his personal data, in due course.
6. The Defendant reserves the right to amend his Counterclaim to include further causes of action arising from the Claimant's conduct.
7. The Defendant is entitled to the relief claimed in his Counterclaim, including damages for harassment and breach of data protection rights.

[echat11]

Hi ECHAT11, please kindly look at the reply below. If anything should be amended or added please let me know and is the reply to be sent together with the directions questionnaire?

COUNTER-REPLY
1. The Defendant/Part 20 Claimant ("Defendant") denies that the Claimant/Part 20 Defendant ("Claimant") is the rightful creditor of the account. The Defendant requires the Claimant to prove the assignment of the alleged debt and provide a copy of the assignment agreement.
2. The Defendant reiterates that he did not utilise the Virgin Money Credit Card and that a dispute was raised with Virgin Money in respect of the same. The Defendant will rely on his bank statements and correspondence with Virgin Money as evidence.
3. The Defendant avers that the Claimant's actions, including but not limited to, repeated telephone calls, letters, and emails demanding payment, constitute harassment. The Defendant will provide evidence of the frequency and content of these communications to demonstrate their harassing nature.
4. The Defendant maintains that his Counterclaim is properly particularised and constitutes a valid cause of action. The Defendant's Counterclaim arises from the Claimant's harassment and breach of the Defendant's data protection rights.
5. The Defendant will provide further particulars of his Counterclaim, including evidence of the Claimant's unlawful processing of his personal data, in due course.
6. The Defendant reserves the right to amend his Counterclaim to include further causes of action arising from the Claimant's conduct.
7. The Defendant is entitled to the relief claimed in his Counterclaim, including damages for harassment and breach of data protection rights.

Will do.

[Abdon71]

I have updated the reply, please can you check.

In the County Court at Wigan

Claim No: xxxxx

Intrum UK Finance LTD

Claimant

And

Xxxxx

Defendant

DEFENCE

COUNTER-REPLY

1. The Defendant/Part 20 Claimant ("Defendant") denies that the Claimant/Part 20 Defendant ("Claimant") is the rightful creditor of the account. The Defendant requires the Claimant to prove the assignment of the alleged debt and provide a copy of the assignment agreement.

2. The Defendant reiterates that he did not utilise the Virgin Money Credit Card and that a dispute was raised with Virgin Money in respect of the same. The Defendant will rely on his bank statements and correspondence with Virgin Money as evidence.

3. The Defendant avers that the Claimant's actions, including but not limited to, repeated telephone calls, letters, and emails demanding payment, constitute harassment. The Defendant will provide evidence of the frequency and content of these communications to demonstrate their harassing nature.

4. The Defendant maintains that his Counterclaim is properly particularised and constitutes a valid cause of action. The Defendant's Counterclaim arises from the Claimant's harassment and breach of the Defendant's data protection rights.

5. The Defendant will provide further particulars of his Counterclaim, including evidence of the Claimant's unlawful processing of his personal data, in due course.
6. The Defendant reserves the right to amend his Counterclaim to include further causes of action arising from the Claimant's conduct.

7. The Defendant is entitled to the relief claimed in his Counterclaim, including damages for harassment and breach of data protection rights.

8. The Claimants statement of case states that the account was assigned from Virgin Money to Intrum UK Finance LTD on 22nd June 2022. The Defendant does not recall receiving notice of this assignment.

9. It is denied that Virgin Money served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10. On the 3rd March 2025, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide proof of contract such as the contract, Default Notice and Notice of Assignment.

11. Restons Solicitors has not sent any of these documents to the Defendant.

12. On the 28th February 2025, The Defendant sent a formal request for a copy of the original agreement to Intrum UK Finance LTD 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) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

16. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

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

Statement of Truth

I believe the that the facts stated in this defence are true. I understand 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.

Signed ________________________________
Dated ________________________________

[echat11]

This is kind of doing things 'back to front', clearly the Creditor will not be happy.
Read it through several times, make amendments, it's your Reply to their Defence.
Remember to send a copy of this and the DQ to the Court and Creditors solicitor.

a) Point 4 - you haven't stated Data Breaches previously on this thread, was that in your original Defence? You
can't just 'tag' things on. If are stating that your data protection rights has been breached, then you'll need to quote
the Data Protection Act 1998 in point 3. You'll need evidence for your Witness Statement.

b) Point 7 - did you state how much you were claiming in damages for your Counterclaim?

In the County Court at Wigan

Claim No: XXXXXXXX

Intrum UK Finance LTD

Claimant

And

XXXXXXXXXXXX

Defendant / Counterclaimant

REPLY TO DEFENCE

1. The Defendant / Counter-Claimant denies that the Claimant / Defendant is the rightful creditor of the account.
The Defendant requires the Claimant to prove the assignment of the alleged debt and provide a copy of the assignment agreement.

2. The Defendant reiterates that he did not utilise the Virgin Money Credit Card and that a dispute was raised with Virgin Money in
respect of the same. The Defendant will rely on his correspondence with Virgin Money and bank statements as evidence.

3. The Defendant will state that the Claimant's actions, i.e. repeated telephone calls, letters, emails demanding payment, constitute
harassment under the Prevention from Harassment Act 1997. The Defendant will provide evidence of the frequency and content of
these communications to demonstrate there harassing nature.

4. The Defendant maintains that his Counterclaim is properly particularised and constitutes a valid cause of action. The Defendant's
Counterclaim arises from the Claimant's harassment and breach of the Defendant's data protection rights.

5. The Defendant will provide further particulars of his Counterclaim, including evidence of the Claimant's unlawful processing of his
personal data in his Witness Statement.

6. The Defendant reserves the right to amend his Counterclaim to include further causes of action arising from the Claimant's conduct.

7. The Defendant is entitled to the relief claimed in his Counterclaim, including damages for harassment and breach of data protection
rights.

8. The Claimants statement of case states that the account was assigned from Virgin Money to Intrum UK Finance LTD on 22nd June
2022. The Defendant does not recall receiving notice of this assignment.

9. It is denied that Virgin Money served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is
required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default
notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form
as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10. On the 3rd March 2025, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case
under Civil Procedure Rule 31.14 to Restons Solicitors. I requested the Claimant provide a copy of the Agreement, Default Notice and
Notice of Assignment.

11. Restons Solicitors has not sent any of these documents to the Defendant.

12. On the 28th February 2025, The Defendant sent a formal request for a copy of the original agreement to Intrum UK Finance LTD
pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot
enforce the agreement.

14. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation
relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be
required to prove the allegation that the money is owed as claimed.

15. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant
to fully plead his case else the Claim should stand struck out.

16. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence,
and would ask that the Claimants bear the costs of the amendment.

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

Statement of Truth

I believe the that the facts stated in this defence are true. I understand 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.

Signed ________________________________
Dated ________________________________