Help Need Advice - Incasso Letter

[POPPAY]

Have read loads of stuff on the forums but not too sure on how to proceed at this precise moment in time.

I received a letter from Incasso last Thursday asking for the full amount of the outstanding debt (Loan from Tesco taken out in 2001/2002) which is in excess of £6k.
I spoke to Incasso who really were not interested in what I had to say. I did request that they put everything in writing. I was told that they did not have to put anything in writing and that the letter I had received was sufficient.
I had previously forwarded an income/expenditure form to Unitel several weeks prior to receiving this letter and was awaiting a reply.
I also informed Incasso of this although they appeared to completely brush over it.
Potted history: At the time of taking our the Personal Loan with Tesco (RBS) I was in full time employment, I was subsequently made redundant and also suffered ill health, being diagnosed with Idiopathetic Sleepiness which is very like Narcolepsy. I am also registered as disabled due to this condition.
Long story short... I am back on my feet despite the disability and now working in a job that I love.
I do have several large debts and these have all accepted very small payments as I know that utilities and council tax are priority debts as is my mortgage.
I have continued to pay the monthly amount and do not intend to stop doing so.
I am not sure if I need to ask Incasso for a CCA or not?
I'm rather confused.
Many thanks for taking the time to read this.

[tinkerbell20]

Send a S.77 CCA request special delivery asap. This will put the debt in dsipute if they don't provide an enforceable CCA within 12 working days.

Incasso will issue proceedings on MCOL in Northampton so don't delay.

[POPPAY]

Hi Tinkerbell
Many thanks for replying so quickly, wasnt sure if needed to do this, but will do this as soon as I have finished this reply and will post it tomorrow.
I had 7 days from the date of the letter which was dated 30 July 08.
Again many thanks and I will keep you posted.
P

[POPPAY]

Hi Tinkerbell

Thank you for your help given earlier.
I sent off the request for a copy of the CCA and heard nothing until two days ago when I received a letter from Incasso requesting that I contact them via telephone to discuss payment of the loan with Tesco.
I have not received a CCA from them and I have not telephoned them, but they gave me only 3 days in which to reply.
Do I now send them a letter saying that this debt is unenforceable or something similar.
Thanking you in advance for any advice you are able to give.
kind regards
Poppay

[42man]

Did you send the CCA request to Incasso ? or Tesco ?

[42man]

Send this to Incasso...(but EDIT to suit)....and send recorded

I refer to your letter of XXXXX 2008 which was received today.

Frankly, I am surprised of the need to advise a firm of debt collection agents about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that you are ignoring it. You had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

Should you persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by yourself under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for OFT guidelines.

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

Yours faithfully / for ever / with love / in anticipation of a short and fruitless banking relationship (choose the first if I were you !!!)

[POPPAY]

Hi 42man

thanks for replying.

I sent it to Incasso after receiving threatening letter about obtaining a charging order.

Incasso have not replied to the request.

However, they have sent letter which says:

'Dear Madam
Our Client: Tesco Personal Finance Limited
We refer to previous correspondence in this matter.
Our client has asked us to contact you to see if terms can be agreed to replay the outstanding balance.
Please telephone this office within the next three days to discuss payment proposals.
We look forward to hearing from you.
Yours faithfully
Incasso
Incasso LLP'

[POPPAY]

42man
forgive me if I appear a bit dim.....
but the reply you have suggested does not seem quite apt, even if edited to suit?

As requested CCA from Incasso.
Incasso did not reply or send CCA.

almost two months later they send letter requesting me to call to agree terms to repay outstanding balance and payment proposals, still no sign of a CCA or any referral to the request made.

regards
P.