Thread: Please help.........Tesco/Incasso

In may 2007, jointly with my ex husband took out a tesco (RBS) personal loan for 25k. My husband left me in Oct 2008 and I maintained payments until Dec 08. I have paid nothing since. This was not a decision I took lightly, but did not have sufficient funds so concentrated on my priority debts.

- my last correspondence with tesco was July 09. I sent them my budget and made it clear I could not arroded payments
- Incasso obtained a CCJ against my ex in Sept 09 - I am not sure what the current status of that is
- I do not have enough disposable income for an IVA and for obvious reasons do not want bankruptcy. This is one of 3 unsecured creditors (about 60% of the overall total)
- I have today received a demand for Incasso for the full amount (standard letter, limited info, 14 days to pay)

I intend to file a complaint with tesco for failure to follow OFT guidelines (they have never told me the case has been passed to Incasso) and I believe Incasso are demanding an unreasonably large amount. I will follow up with complaints to the Law Society (Incasso) and fos (Tesco) if appropriate. However this will only delay them. In a seperate letter Incasso has asked for a copy of a transfer of equity form which my husband signed in respect of my property (I will not be providing this!!). My questions are:

- is it reasonable to include in any defence to a county court claim, that I have gone a significant life changing event (seperation) which could not have been anticipated when I took the loan out. As a result of this I was forced to prioritise my debts and as a result unsecured debts went unpaid
- is a reasonable defence to a charging order the fact my house is in negative equity? It is worth circa 165k but currently has loans (main mortage and second charge) of around 205k? Therefore there is no reasonable hope of Tesco ever getting anything. I have maintained payments on both these loans although both are currently in managed arrears.

For info, I am in full time employment, have have a enough money for priority debts and living expenses. Tesco have previously suppiled what appears to be a valid, signed copy of a CCA.

PLEASE HELP!! I want to be prepared. I know Incasso are rottweillers and will follow up leagal threats!

I don't know how much or what status - I was only aware becuase initally all the paperwork came to my address.

I have posted on here before, but never seem to get a response

No PPI attached to this loan. I have sending a letter off to Tesco tomorrow about failure to follow OFT guidelines though I know (with Incasso) I am only delaying the inevitable.

In terms of the charging order should I lay my cards on the table now re. Neg equity? That let them no there is nothing for them and they will essentially be flogging the proverbial dead horse.

Thank you for your kind thoughts and would appreciate any other urgent help anyone can offer.

Originally Posted by GirlAloud

- Incasso obtained a CCJ against my ex in Sept 09 - I am not sure what the current status of that is

Have Incasso started the Charging Order application process?

- is it reasonable to include in any defence to a county court claim, that I have gone a significant life changing event (seperation) which could not have been anticipated when I took the loan out. As a result of this I was forced to prioritise my debts and as a result unsecured debts went unpaid

That isn't a defence to the fact that you owe the money. You might wish to apply to vary the judgment to affordable instalments, you can do this via the n245 form. It costs £35 to do so and could prevent a charging order if you keep up with the instalments.

- is a reasonable defence to a charging order the fact my house is in negative equity? It is worth circa 165k but currently has loans (main mortage and second charge) of around 205k?

Very reasonable.

Have you other unsecured debts?

Incasso have nothing yet apart from give me 14 days - though I know the county court Papers will follow shortly afterwards. Currently dealing with two other unsecured credt card debts - neither of which (despite many requests) have produced a valid CCA.

You need to get that variation application sorted ASAP, If you can obtain instalments it would prevent them from being able to secure a charging order. More info here:

National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A bailiffs Warrant On A county court Judgment

Hi GirlAloud,

subbing with interest.

Costa

As for the equity thing, I guess it depends on how long is left on your mortgage, if you can maintain payments for the next say 40 years on the mortgage it means that in 40 years there may be enough equity for tesco - unfortunately companies have time on their hands, so they may be looking very long term on this

Guys, this is a thread which was dormant for 6 months.

Been in touch with GirlAloud by pm. We have a common denominator....Tesco/Incasso and now Cobbetts. She maybe posting on here again soon. Just subbed so I know when it happens.

Costa