Hopefully in right place Tesco CC default, now passed onto Intrum Finance passed onto Lester Aldridg

bertie1979

Hi guys, I have a defaulted CC debt with Tesco CC default date 13/08/2019.

It was passed between moorcroft & another & was returned to Tesco, with ZERO communication from me to the DCAs.

Intrum have now sent letters, saying they've taken over & 3 letters (months) later, Lester Aldridge solicitors have contacted Pre-Action Protocol threatening court action.

So, what's the best course of action? Contact with a CCA request? If so I'm being dumb and can't find that info on here.

Thanks

Platespinner123

Hi Bertie

Contacting Intrum with a CCA request is worth a try. It looks like Lester Aldridge are working on Intrum's behalf, so you should ask Intrum for the CCA.

This page has useful info and a link to a National Debtline factsheet about how to request it: https://debtcamel.co.uk/ask-cca-agreement-for-debt/#Court_action_and_CCJs

sammyjammy

You say you've been in communication with them, have you been making payments towards the debt?

bertie1979

Apologies, that was supposed to be with no communication from me, have edited.

GreenCat80

If you’re in a position to set up a payment plan paying them £1 per month it should stop them taking court action and landing you with a ccj

bertie1979

Is there a CCA request letter?

Just want to make sure they have the right to take over the debt.

The CC was set up in 2013, default 2019

GreenCat80

https://www.nationaldebtline.org/sample-letters/information-about-your-agreement-under-consumer-credit-act/

fatbelly

bertie1979 said:

Hi guys, I have a defaulted CC debt with Tesco CC default date 13/08/2019.

It was passed between moorcroft & another & was returned to Tesco, with ZERO communication from me to the DCAs.

Intrum have now sent letters, saying they've taken over & 3 letters (months) later, Lester Aldridge solicitors have contacted Pre-Action Protocol threatening court action.

So, what's the best course of action? Contact with a CCA request? If so I'm being dumb and can't find that info on here.

Thanks

You should respond to the pre-action protocol letter without admitting the debt

Tick box C

Then in Box I ask for everything that you can, e.g.

A copy of the written contract for the debt; A full statement of account, including details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated, and any payments already made toward the debt; a calculation of the interest claimed; the annual or daily rate of interest; a description of the nature and amount of any administrative charges included in the debt; a copy of the notice of assignment of the debt.

https://debtcamel.co.uk/letter-before-claim-ccj/

If they proceed with a court claim then follow Legal Beagles advice, which will involve a cca request to the Claimant and a cpr request to the solicitor

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

JCS1

GreenCat80 said:

If you’re in a position to set up a payment plan paying them £1 per month it should stop them taking court action and landing you with a ccj

If you have not made any payments since the default, please do not do this.  It would be an acknowledgment of the debt and would mean re-starting the clock on stature barred (though there is a few years to go).

GreenCat80

JCS1 said:

GreenCat80 said:

If you’re in a position to set up a payment plan paying them £1 per month it should stop them taking court action and landing you with a ccj

If you have not made any payments since the default, please do not do this.  It would be an acknowledgment of the debt and would mean re-starting the clock on stature barred (though there is a few years to go).

I wish I had done this on one of my debts. I didn’t and ended up with a ccj which has been a right pain! 

sourcrates

You have received an LBA, you need to fill in this document within the 30 day window, as per fatbellys advice.

All the rest is a side show, you must return this form correctly filled in, regardless of any other actions.