Intrum Justicia/UKSearch Limited

[Vagabond_UK]

Having a row with UKSearch Limited & Intrum Justicia.

They sent me a letter a few months ago about a credit card debt from 1996 that is now statute barred under the Prescription and Limitation (Scotland) Act 1973.

In May this year I sent them a CCA which I received this morning (outside 40 day timeline as required). Looking at it, they have sent an application form rather than a true, signed copy. There are no prescribed terms on the signature copy - no APR, credit limit, no rate of interest.

There are personal details on the form - my place of employment at the time, my bank details, my borrowings etc. Clearly not a true CCA!

They have also failed, as requested by the CCA to supply statements relating to any payment made by me or any other communication acknowledging the debt, yet they claim the firm can chase payment as I made a payment in 2007? No, i clearly did not... I have made no payment on this account for more than 6 years (more than required in Scotland, which is 5 years) and any payment will have been the £1 statutory charge for a CCA request. This would not have been made to IJ though.

Next move? If IJ have processed a £1 CCA fee as payment - which they should not have done - how do I argue back?

Thanks.

[TiredofPaying]

Re: Intrum Justicia/UKSearch Limited

Do you have a copy of the CCA request letter that you originally sent? If so, then don't answer yes or no because just anybody can read this post but have a look at the wording. Does it say that they are not to use the £1 for anything other than the CCA fee? You can see where I'm going with this...

ToP

[Curlyben]

Re: Intrum Justicia/UKSearch Limited

If this debt is statute barred then WHY are you mucking about with CCA's ?
Simply state to IJ that this is the case and remind them of OFT collection regulations and statute law.
You need to NOTHING else.

[Zazen.Warrior]

Re: Intrum Justicia/UKSearch Limited

I must admit I had some nonsense from Philips regarding a very statute barred alleged debt and I amused myself with them for a letter or two, but now they know that I know it's statute barred they have gone away.

[Vagabond_UK]

Re: Intrum Justicia/UKSearch Limited

Actully, looking at the original letter i first sent them, I never CCA'd them but simply stated that the account was statute barred.

This is my letter...

Thank you for your letter of the 30/4/2010, the contents of which have been noted.

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would like to point out that under the Prescription and Limitation (Scotland) Act 1973 Part I, Section 6,


“If (an appropriate debt) has subsisted for a continuous period of five years -

a) without any relevant claim having been made in relation to the obligation, and

b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished…”

Unless you can provide evidence of payment or written contact from us in the relevant period under Part I, Section 6 of the Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt would have been made over six years ago and no
further acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written contact from myself within
the relevant period stated under Section 5 of the above mentioned Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I now await your written confirmation, within 14 days, that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

I also insist that you supply a full written copy of your complaints procedure.

It should also be noted that I will be contacting Trading Standards concerning this matter in relation to your client's demands.

Ignoring this letter and continuing to press for payment will not resolve this matter.

I will not hesitate to pursue this matter with Trading Standards and the OFT; additionally I will seek immediate legal advice should you continue to press for payment, as I feel this may constitute harassment contrary to section 40 (1) of the Administration of Justice Act 1970, as well as the Protection from Harassment Act 1997.

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing.

In response, they've sent me an application form as 'proof' of debt and a written statement that I made a payment in 2007, but nothing to back this up.

[Curlyben]

Re: Intrum Justicia/UKSearch Limited

Doesn't actually matter what they send, UNLESS it proves that the statute hasn't run out.
Written statement is meaningless.

[pompeyfaith]

Re: Intrum Justicia/UKSearch Limited

well it has been known for dca's to activate an accont by making a nominal payment to it and then later claiming the above

[Vagabond_UK]

Re: Intrum Justicia/UKSearch Limited

This isn't the first DCA that this account has gone through, every one before now has passed it back... wonder what makes this lot think any different?

I'll write back telling them at its still statute barred unless they prove otherwise with concrete evidence, and not just some words on paper.

[Vagabond_UK]

Re: Intrum Justicia/UKSearch Limited

H the letter to be sent.. its a bit long-winded but I thought I should pull them up on both the statute barred issue, and also my belief that they have issued a non-compliant CCA - happy to post this up for confirmation though.

Thoughts on the below? Too much? Missing info? Holes in the legality? I want to get this right

Its been cobbled together from some of Curlyben's excellent letters in the DCA thread and others found across the internet.

Account in Dispute


I am writing in response to your letter dated 11/8/2010, the contents of which are noted. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

As per my previous correspondence dated 8/5/2010 – a copy of which is enclosed - this alleged debt is STATUTE BARRED under the terms of the Prescription and Limitation (Scotland) Act 1973 Part I, Section 6 which states:

“If (an appropriate debt) has subsisted for a continuous period of five years -

a) without any relevant claim having been made in relation to the obligation, and

b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished…”

I would also point out again that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

Unless you can provide documented evidence of payment or written contact from myself in the relevant period under Part I, Section 6 of the Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. It is not sufficient to simply state in a letter that a payment was made – you must provide documentary proof of this statement.

The OFT Debt Collection Guidance further states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

Furthermore, the document you have supplied also does not fulfil the requirements of a TRUE, signed copy of a properly executed credit agreement as set out under the terms of the Consumer Credit Act 1974. The document that you are obliged to send me is a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed. You have already committed such an offence as you failed to respond to my original correspondence within the allotted time as defined above.

You should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

• May not demand any payment on the account, nor am I obliged to offer any payment to you;
• May not add further interest or any charges to the account;
• May not pass the account to a third party;
• May not register any information in respect of the account with any credit reference agency;
• May not issue a default notice related to the account.

Therefore this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I also insist that you also supply me with a full written copy of your complaints procedure.

I will not hesitate to pursue this matter with Trading Standards and the OFT; additionally I will seek immediate legal advice should you continue to press for payment, as I feel this may constitute harassment contrary to section 40 (1) of the Administration of Justice Act 1970, as well as the Protection from Harassment Act 1997.

I would appreciate your due diligence in this matter and I look forward to hearing from you in writing.

[Vagabond_UK]

Re: Intrum Justicia/UKSearch Limited

Copy of the 'cca' they sent... sorry about the quality, my scanner is old and rubbish.

[Curlyben]

Re: Intrum Justicia/UKSearch Limited

Not as rubbish as that "agreement"

[Vagabond_UK]

Re: Intrum Justicia/UKSearch Limited

Not as rubbish as that "agreement"

Indeed. It looks suspiciously like an application form to me... there was a second page with T&Cs attached, but there is no way to tell from them whether they apply to this 'agreement' or belong to something entirely different.

[Vagabond_UK]

Re: Intrum Justicia/UKSearch Limited

Sending the letter today unless anyone has any final words of advice.. wanna make it as damning as possible so there can be no doubt!

[Vagabond_UK]

Re: Intrum Justicia/UKSearch Limited

Letter is in the post. Let's see what happens...

[Vagabond_UK]

Re: Intrum Justicia/UKSearch Limited

Well, they've completely ignored my letter and in return sent me a doorstep collection notice, asking me to confirm an appointment with them...

So i've written back telling them they are in breach of S40(1) of the Administration of Justice Act as they are harassing me and continuing to press for payment despite the debt being in dispute, that the debt is statute barred, and that I've reported them to the OFT. I've also revoked licence to call at my home.