Claim Form received from Intrum finance

[Shrubs]

Check the date you received the claim - 01 rather than 02

Thank You for pointing that out. I ahve amended and sending it off tomorrow. Do you know how long I have for defense if the the claim is dated 17/01/20?

[Shrubs]

MIKE770*Amethyst* I received the below reply from Intrum dated 16/03/20

"We write in respect of the above matter;;and enclose the following:-
1. Notice of Assignment;
2 Signed copy of your credit Agreement
3. True Copy of of your credit agreement ; in force at the time account was defaulted.
4. Statement for the duration for the account

In accordance with your request, the statement of account is as follows:
(a) The state of the account = £2,201.86 outstanding
(b) The amount, if any, currently payable under the agreement by the customer to the creditor= £2,201.86.
(c) The amounts, and due dates of any payments which, if the debtor does not draw further on the account. will later become payable under the agreement by the customer to the creditor= £2,201.86

This fulfils our obligations under Section 78 of the Consumer Credit* Act 1974

In respect of the Default Notice given the time that has elapsed since this was sent the original creditor not longer hold a copy of this on their system, we have however enclosed a screen print of there system showing that this was been sent ; and we are happy to relying on the same ( FYI all the mistakes in these lines are not typos, that's how they have sent it)

Please find enclosed a Financial Statement ; we would invite you to complete and return this to our offices along with your offer of repayment and preferred payment method. This is to ensure that your offer of repayment is affordable to you and to enable us to identify any priority arrears that you may have.

At Intrum we believe in helping customers with their financial situation. If you are experiencing financial difficulties we would invite you to seek free independent legal advice from one of the companies listed on the reverse of this letter. We confirm we have placed your account on hold for a period of 30 days in order for to seek advice.
Please note in the event we do not hear from you or an appointed third party in the next 30 days , our attempts to recover the outstanding monies will continue.*
Yours Sincerely,
Legal Department


With this letter they have attached bad printout of my order, returns and payments made. The first two pages show the payments made and returns while the rest of the three pages only have orders, yet when I add all the orders up,they come to 8827.90. when I add up all the payment and returns (which are just on two pages only) yet they come up to £8820. 90.* This proved my point that this outstanding amount is made up all the BNPL interest that I had an ongoing dispute with them for and during that time K&Co closed down, became Littlewood and my account got passed over to debt collectors.

The last order on the account is on 26/12/2013 (this and the information below is from the screen shot they have mentioned above)Strangely enough, the last payment is not shown on any of the statements but the screen shot shows the last payment on 25/04/15

Although, I am not denying the account, the credit agreement they have attached does not have my signature and the credit limit part is blank as well.

Please advise what my next step should be

I am not even sure where the court claim stands.

Thank You for your time. It is really appreciated.

*

[Shrubs]

Amethyst* please help

[Amethyst]

Morning Shrubs xx

Okay, your start point is to see if you can log into money claim online as you did originally when you acknowledged the claim and check the status of it. Have you had any other letters from Intrum or from the court at all? *

Can you see on the statement what interest applies to the printer ? It certainly sounds like you bought quite a lot from them over the years if you'd spent £8k, you had a dispute over the printer being on a buy now pay later so you need to check how the payments correlate to purchases - was it a case of buy an item, pay it off the same/next month and only the printer attracted interest because it was on bnpl ? * Does the statement show the balances and interest applied or is it just a list of purchases and payments ?*
*

[Shrubs]

Amethyst* Thank You for your reply. I have logged into money claim online the status is still active. The last letter I had from Intrum is posted above.*
There is no interest mentioned anywhere on the statement, no buy now pay later, no interest on the printer. The printer is £280 or something images of the documents they sent me. It shows everything as paid off and yet there is the outstanding balance showing and no explanation where it came from. I don't think they have actually added everything on my statement and the payments made to see that I shouldn't have any outstanding balance. Do i stand a chance? I think I have until 14/04/20 to respond.

*

[Shrubs]

Amethyst please see my reply above.The last date to reply to them is 16/04/20 so really running out of time. Thank you.

[Shrubs]

MIKE770 please help

[Shrubs]

Amethy5t Amethyst could you please help me with defence?

[Celestine]

Hi Shrubs - this is a puzzling situation. From taking a quick read of your thread, you've done your CCA request and CPR and received back all the documents from the original creditor?
However the statement of account appears to show that this debt has accrued without explanation? I apologise but I wasn't able to make much sense of the attached statement.
The problem you have is that our standard defence template covers non compliance of CCA etc but you can't really put that because they have complied?
Am I correct in assuming that your point of dispute is how this balance came into existence? Your earlier posts on the ByNowPayLater scheme don't make it clear enough for me to understand how the account ended up unpaid. Have you sent a SAR to the original creditor for full statements?

[Shrubs]

Celestine Thank you so much for replying. I sent the below email in response to the documents they sent me :
I am responding to your letter dated 16/03/2020 which was sent in respect of the above reference number, bearing court claim number: Xxxx. Due to Covid-19, I am responding via email in order to adhere to the time frame allocated to me for a response. A postal response with the same content will also be sent via post.


As this is a very old account, I am replying to this to the best of my memory and the information you have shared with me.

I have perused the documents sent with the letter mentioned above which consisted of:

1. Notice of Assignment
2. Signed copy of credit agreement
3. True copy of the credit agreement; in force at the time the account was defaulted;
4. Statements for the duration of the account.

I would like to bring your attention to the below discrepancies:

1. The "signed copy of my agreement"provided by yourselves [2. above] does not have my signature and the "True copy of the credit agreement" [3. above] does not have my name , surname, address or a signature.Although, I do not contest the account; your lack of accuracy puts any other information made available to me as unreliable.
2. The statement of account provided by yourselves consists of six pages.The columns for "payments" and "adjustments" have been excluded from pages 3 until 6. The only column that continues throughout the 6 pages is the"goods purchased" column. Therefore, are you able to provide more statements that would conclude the following omissions?:

• Statements covering "payments" from pages 3 until 6. Which constitute dates from 28/12/2011 until 27/12/2013; The screen print shot provided by yourselves shows the last payment date to be 25/04/2015.Whereas, the last order date is 26/12/2013. This information cannot be evidenced in the statements provided.
• Statements covering "adjustments" from pages 3 until 6. which constitute dates from 28/12/2011 until 27/12/2013; The screen print shot provided by yourselves shows the last adjustment date to be 01/10/2015 which cannot be evidenced in the statements provided

In, so far, as the information revealed through the statements; the total cost of the orders placed remains at:£9,984.798. While, the total amount for combined adjustments for payments and returns remains at: £9,458.93 .

To the best of my knowledge, I had a dispute with K&Co where I had been waiting for an error in my balance to be amended which would then leave my account up-to-date. Unfortunately, that wasn't easy to come, despite many attempts. While, on one such call to customer services, I was advised to make a payment so the account can come out of default with the reassurance that whenever an amendment was made, the amount in surplus would be refunded. Thus, the payment reflected on the screen print shot on 25/04/2015 for £50 reflects that payment.

However, soon afterwards K & Co was closed and accounts were transferred to a Littlewoods, another company owned by Shop Direct Ltd. The next correspondence I received was to inform that my debt had been sold. I did attempt making a few calls, but was advised that it was no longer being dealt with.

I hereby request the matter to be settled in my favour in light of insufficient evidence presented by yourselves and I reserve the right to respond to any other information if and when it is revealed.

[Shrubs]

Celestine I received the documents from intrum, the debt collection agency. The original creditor has not responded to my SAR request.
The balance is fictitious and is made up of interest on products that had been paid off without going under buy now pay later.

[Celestine]

Good letter to Intrum setting out the discrepancy and the crucial missing statements. The SAR should come through from Littlewoods soon.
Did you get the defence submitted?
There is clearly a genuine dispute here which needs resolving.

[Shrubs]

Celestine I was not sure I am supposed to file a defence. Intrum said they will pause the court claim for 30 days which were up on 16/04/20. I’m not sure if they have unpaused it. Should I go and file a defence? Can I base the defence on the content covered in the email I sent to Intrum? I have a feeling Intrum does not have any further statements. Little woods SAR letter was sent about two months ago and I’m not expecting anything from them since so much time has lapsed.

[MIKE770]

Only a court can stay a claim interim are trying to get a default judgment??? Always follow court instruction not interim

[Shrubs]

MIKE770 should I file a defence then and not wait for Intrum to come back?