Letter from Intrum threatening legal action

[Diana M]

I've fired off the CCA to Intrum and the SAR to Aqua.. . .

this was a card I got online which, from what I've read on here and elsewhere, they can pretty much give me any old junk to fulfill the CCA. That said, I have a distinct memory of signing and sending something as part of the application after I filled in a form online.

Personally I wouldn't have sent the SAR to Aqua at this stage because in an ideal world you want to capture any dialogue between Intrum and Aqua recorded in the Transaction Log

in reference to your CCA Request.

For example an entry which says Intrum asked them for documentation but they were unable to trace a scanned copy of the agreement etc.

When (what year) did you open the account?

Section 78 CCA is for 'information' purposes not 'proof' purposes so they can send you a reconstituted version of your online application but they still have the burden of proving that it's honest and accurate if this ever lands in court.

Di

[Shotley]

Hi Diana,

What are you basing your SB prediction on?

I started experiencing issues with this card in I believe February or March of 2012; I got made redundant and jobs in my line of work are scarce in this part of the world.

I asked for a grace period for repayments but this was flat refused. Instead I had charges added with more and more demands for repayment despite making them abundantly aware of my financial situation.

I don't recall a default letter; just the letter threatening default; I've SAR'd Aqua/Newday and am still waiting on a response. However, if I had 2 weeks from that letter Aug/September 2012 then the statue limit would be around September 2018.

Here's the strangest part though. I signed up to become a member of Credit Expert and looking at their entry on my credit file, Intrum claim the account started in February 2013 and defaulted November 2013. Those dates are definitely wrong IMO. I'd wager everything I had on that since a lot of that period is fresh in my memory given all the changes that had occurred in my life.

I've called Experian to get more information on this because I understand that they should just take over the entry for the OC thereby keeping the account started/default date in and the history of the log should show it transferring from Aqua/Newday to 1st Credit/Intrum. It doesn't. 1st Credit logged the default with Experian in April 2017!! So this isn't a continuation of the account registered by Aqua. Researching online it seems quite common for DCA's to bend thr truth a little with the CRA's to keep it on my file longer.

The man I spoke to at Experian told me they had to keep entries and records for six years, he looked at settled accounts and nothing shows up for Aqua. Same with closed accounts. There are simple no entries or records of ever having an Aqua card in that period.

It's all very bizarre. Hopefully I'll get a response from the OC soon and if it turns out Intrum have done this I'll be sending an email to the ICO and the CRA's reporting it.

Personally I wouldn't have sent the SAR to Aqua at this stage because in an ideal world you want to capture any dialogue between Intrum and Aqua recorded in the Transaction Log
in reference to your CCA Request.

Well it's a bit late for that now, I do expect they will get back in touch with me looking for more information to establish my identity. I moved six months ago and the address I asked for the documentation to go to is different from the one they have on file. At the very worst, could I not just SAR them again at a later date?

[Diana M]

looking at their entry on my credit file, Intrum claim the account started in February 2013 and defaulted November 2013. Those dates are definitely wrong IMO.

. . . . The man I spoke to at Experian told me they had to keep entries and records for six years, he looked at settled accounts and nothing shows up for Aqua. Same with closed accounts. There are simple no entries or records of ever having an Aqua card in that period.

It's all very bizarre. Hopefully I'll get a response from the OC soon and if it turns out Intrum have done this I'll be sending an email to the ICO and the CRA's reporting it.

You've received a letter telling you that you might receive a Letter Before Claim at some future date. You have not received an actual claim.

If your plan is to filibusterer until the debt is Statute Barred in a few months (according to you) then think whether reporting Intrum to the ICO may be seen as hostile and only serve to trigger a claim once they dig deeper into the facts (to deal with your complaint) and realise that the debt may become SB in the near future.

My suggestion would be to keep yourself under the radar and don't do anything which could be perceived as acknowledging the debt which could ruin any potential/imminent SB status.

And also consider whether it may be a good thing (for now) that Intrum have the wrong default date because if they issue a claim then they may be in some difficulty if the POC state incorrect facts.

Every cloud has a silver lining

Di

[Shotley]

Hi Everyone,

So I'm still waiting on even an acknowledgement from Aqua/New Day to the SAR request I've sent. I can see that it was signed for on the 9th, the same day as Intrum received the CCA but so far have not heard a peep.

I'm wondering if they can't find or put together any of the documentation I need.

Out of interest, when does the 40 day time limit for a SAR kick into effect? Is it the day they receive it or are they given any leeway with that? By my reckoning they'll be in breach of the rules by 17th April.

Also, hypothetically, if they fail/can't deliver this documentation, does that make Intrum also unable to comply given they are supposedly requesting this information too?

Thanks

[Shotley]

OK so I've got my SAR from Aqua, is anyone free to offer some advice?

I have a few queries regarding the DN and some other things in here, (in particular that my statements run up to June 2017 despite the claim that the account defaulted in November 2013. Speaking of which, the DN on my credit file is the wrong date.

I did have my dates incorrect in the description I gave above. Totally wrong year.

If anyone can help, I'd appreciate it.

Reticent to post much up here just in case people are watching

[Amethyst]

The statements running up to June 2017 - do they actually have transactions on ? Is there a default date on them? Any default notice ? HOw far off is that Nov 13 date ( and is it better or worse for you both Statute Barred wise and Credit File wise?)
Is the agreement in the SAR bundle?
You needn't do anything with the SAR stuff, just keep hold of it, and go through and see where Intrums claim might fall down if they decide to bring one.

[Shotley]

The statements running up to June 2017 - do they actually have transactions on ? Is there a default date on them? Any default notice ? HOw far off is that Nov 13 date ( and is it better or worse for you both Statute Barred wise and Credit File wise?)
Is the agreement in the SAR bundle?
You needn't do anything with the SAR stuff, just keep hold of it, and go through and see where Intrums claim might fall down if they decide to bring one.

There are no transactions on them. However, taking the June 2017 one as an example, it has a minimum payment due amount and a date which it is due by, the 21st June 2017. These statements have never been sent to me. Similarly, there's a letter supposedly sent to me on 21/04/2017 stating that minimum payments of £18 were due on 22/03/2017 and 21/04/2017 respectively. There is absolutely no mention of default on them.

The agreement is in the bundle. I'm not sure what I'm looking for on it to see if it's valid.One thing to note, the application is dated 09/12/2012 but in the box with the signature I didn't actually date it. It's just my signature. They have had it stamped at a post office though in late Jan 2013?

A default notice is in the bundle, dated early July 2013 giving me 21 days to pay a specific amount and saying after that I would be in default. More letters included up to Oct 2013, asking me for money, with wording at the bottom telling me to apply to court to set minimum payments? Final letter end Oct. 2013 saying that they were closing the account.

The DN date would be better in terms of time - would bring it forward 4 or 5 months. A little over a year left of enforceable statue time, if indeed it is actually enforceable.

Also worth mentioning, no sign of anything in this bundle pertaining to the sale of the debt to the DCA and they've sent account records that end in 2013 and start again with my SAR

[Shotley]

Good Morning

Intrum finally responded to my CCA request, sending a copy of a signed agreement and a handful of statements and have given me 30 days to respond. I'm hoping some of you very knowledgeable people might be able to offer some advice or lend a hand on this occasion so that I might tackle how I proceed.

Can anyone see anything on the attached copy of the CCA?

I'm still confused as to the missing letter in the SAR pack stipulating that they had sold/transferred the debt. I certainly never received a letter from Aqua stating they had passed the debt to a third party and would have expected a copy from the original lender. I was under the impression that was a legal requirement.

Any other avenues I can explore?

Thanks in advance