Intrum

[Bodhi84]

Hi all, new here.

I'm currently in the process of requesting a copy of a legally executed deed of assignment from Intrum as they have alleged they have purchased an account from one of my previous creditors. I'm requesting this specifically under GDPR and the DPA as we all know they don't (as in 99% of the time) actually have a DOA. I've sent two SARs, one letter before claim, and I'm due to send a notice of intent to prosecute in the next few days.

My question is, how likely are Intrum to actually defend a court claim and turn up? Does anyone have any experience of this. My claim is essentially for the judge to order them to produce this document as it 'should' have my details on it, it is has been legally executed.

[atticus]

If a court claim is brought against you, you should expect that you will need to defend it all the way to trial.

[Bodhi84]

Thanks Atticus.

I'm ready for them if they do turn up, I'm not trying to argue the validity of the alleged debt, merely using GDPR and the DPA to get them to show this document, which they don't have. However, I assume one of two things will happen.

They don't turn up - default judgement in my favour
They do turn up and have a blank DOA or an argument that it's not required.

Either way, I'll have my evidence and arguments ready. Was just curious if anyone else has gone down this route and if a DMC actually bothers to turn up

[des8]

AFAIK only a court has a right to see a Deed of Assignment.
The deed will list a number of transactions, of which your debt is only one.

Your entitlement is to a Notice of Assignment, which is proof from the creditor that they have sold the debt.
This should have been sent to you.

You will need to argue that you did not receive a Notice of Assignment from the creditor and there is therefore no proof that the DCA has any lawful right to collect the ALLEGED debt.

I stand ready to be corrected, but that is how i have always understood the position

[Bodhi84]

This is the beauty of my claim though (essentially breach of GDPR and DPA through the concealment of data relating to me as a data subject). A legally executed DOA under Section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) and Section 136 of the Law of Property Act 1925, which outline the legal requirements for the assignment of a debt to be valid will have my personal details on it. ie: name, address, alleged debt ref, previous creditors, alleged debt amount etc etc

So under GDPR and DPA they must provide a copy of this document, they can redact any other business sensitive info if necessary. BUT, they don't have a legally executed DOA, it's too expensive and time consuming to have this, so they rely on a debt sale agreement and a Notice of Assignment as you say.

My claim is two fold, if they can't produce said document, I win my claim, and if they were sensible, they would realise the debt is unenforceable, and will desist with future action / chasing etc

I'll keep everyone updated, I'll be sending my last letter to them (Notice of intent to prosecute) and a without prejudice offer on Friday.

[Bodhi84]

So an earlier update than expected.

Intrum have got back to me to advise that they do not need to provide the DOA as it's a contract between Intrum and the creditor (I was expecting this), they also point out that only a NOA is needed from my point of view (again, was expecting that). They conveniently ignored the fact I'm claiming under GDPR and DPA.

My notice of intent to prosecute, which also includes a without prejudice offer to settle out of court has now been sent.

Let the games begin

[Clockwork]

I might of missed something here and you haven’t specified whether this is a credit card or a loan that they suggest you owe, but if you haven’t done so already, why don’t you send them a formal CCA request with the £1 fee . You will then be in a position to know whether they have the documentation to enforce this agreement. Get proof of posting.

[Bodhi84]

Hi Clockwork.

It's a loan. I'm not overly worried about the validity of the debt per se, I'm claiming against GDPR and DPA for a breach of those laws due to concealment of data as I know they don't have a legally executed deed of assignment.

[des8]

Presumably you are initiating civil proceedings as opposed to a private prosecution, but I wonder what loss or damages you are claiming.