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    • I started paying her old council tax as they said they would jail her I managed to get those account details. We then got back together she moved in with me stopped me going to my house. Eventually let me back in I was there 4 days then the police showed up at 1am arrested me for 8 different offences. On the morning I was in custody she rang the letting agent and asked for the house to be changed to her sole name as I was in jail. The house was changed to her name I was made homeless. The bills she did not change to her name left them as occupier the utility companies then said I had to pay as there was lots more usage than an empty property. My solicitor said if I don't pay them I will be reported for it. It has since turned out that in her old property she didn't pay the bills. The electric bill she put in her daughter's name then cancelled the direct debit the council tax she never attempted to pay. Due to one of the accusations I have since been told I need to pay these bills even after getting emails saying I'm not liable for the bills. I have forwarded these on to the police and solicitors and had no reply. Other than you have to pay these bills. I'm also going to end up paying the bills where she lives now as once again they are not being paid. I can't go in to detail about the case as I'm due to be charged next week not sure what with yet but the police have told me I'm going to be charged.  My ex will not tell me nor can tell me about her debts as she doesn't want me to know how much debt she is in or has put her daughter in once she turned 18. I do not want to be paying her debts after what she has done to me.
    • In the earlier thread (now linked above) you were going to change your name by Deed Poll. Did you do that? Did it solve any of your problems? What, exactly, have you been charged with? Has a court date been scheduled? I cannot think of any reason why the police would tell you to pay your Ex's debts that she incurred 5 years before you met her. Either there's lots of the story you aren't telling us, or you have misunderstood what you have been told, or you are trolling us. Earlier you said it was your Ex who wanted you to pay her debts and, for some reason that  no-one here could understand, you were going to do so. So your Ex can give you all the details of her debts and you can pay them. She can hardly expect you to pay them if she won't give you the account details! I've never known debt collectors be fussy about who pays as long as someone does. They routinely take payments from friends and family to clear debts. It's not illegal to pay someone else's debts          
    • What you've said isn't helping. Please post up a redacted version of the appropriate section of the court papers.  HB
    • Oh, yeah. The law I’m charged with is riding underground without a valid ticket said by SJPN Student Union can’t provide any help, I have contacted them
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Tesco CCA documents enclosed


lisagav69
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Thread 2!

 

Tesco have replied to my CCA request and I think this one looks legit?

The stamp in the 3rd scan doesn't look like it was part of the original document. It's a lot blacker and thicker than the text and seems to have been stamped on to the photocopy.

 

 

Advice greatly appriciated!

 

 

 

 

 

 

 

 

 

Pictures to follow......

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Will get there in the end!!

 

This envelope contained the cover letter, a black & white leaflet and the same leaflet printed out on A4 paper all paper-cliped together, a photocopy of my latest statment and then stapled together 4 pages scanned below all with a nice big bright blue COPY stamped on them.

 

EDIT:

 

Am saving the scan correctly with everything blacked out but the very original keeps displaying! Will re-scan and save differently a bit later on!

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Yep looks good to me, from what I can see on the scans.

 

Remember:

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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isn't there an ongoing debate stating that an application form (with all prescribed terms and executed correctly) can be accepted as an agreement.

 

There is some debate about the effect of s59(1), however... I wouldn't like to go in front of a judge with those arguments.

 

Basically, looks enforceable to me.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thank you all, and you have confirmed what I thought in that this is an enforcable agrement.

 

A few questions now if I may similar to the ones on my Barlaycard thread?

 

The request for CCA was sent to Triton and everything came back on headed Tesco/RBS paper. As Triton are the inhouse collectors, but Tesco my agreement, technically that means Triton have no right to collect? Or does it? I'm slightly confused with the inhouse collectors!

 

Also, now do I just send an income/outgoings form to either one of them to make a suggested payment plan? And should I include my husbands wages as I was the account holder on this card with him just as an additional holder?

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Thank you all, and you have confirmed what I thought in that this is an enforcable agrement.

 

A few questions now if I may similar to the ones on my Barlaycard thread?

 

The request for CCA was sent to Triton and everything came back on headed Tesco/RBS paper. As Triton are the inhouse collectors, but Tesco my agreement, technically that means Triton have no right to collect? Or does it? I'm slightly confused with the inhouse collectors!

They have a right to collect; Triton are merely agents of tesco.

Also, now do I just send an income/outgoings form to either one of them to make a suggested payment plan?

yeah.

And should I include my husbands wages as I was the account holder on this card with him just as an additional holder?

You can check the terms and conditions to see if hubby is liable, but - unless they explain why he is at this stage I would just include your own. They can try to collect from hubby at a latter date.

 

..

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 months later...

I'm in a bit of bother and am asking for some advice again!!

 

For various reasons I have not logged on here since January and have failed to contact Triton since they sent me the documents. Very foolish of me I know but due to cirumstances, this kind of got put on hold but now everything is sorted I want to try and get this mess I'm in sorted.

 

On Saturday I recieved a letter from INTRUM JUSTITIA, the letter before action.

I'm guessing that Triton has passed it on to them as I've not been in contact. I had one letter from Triton about 6/7 weeks ago giving me 48hrs to pay the lot and thats all I've heard from them. No phone calls or anything either.

 

Can anyone give me some advice on this company as I've never heard of them!

 

Also, I'm desperate for advice on what to do now! I'd like to send them a letter asking for some time to prepare an income sheet for them but do they accept this or has it gone too far for payment arrangements?

 

While I'm scared of whats going to happen, I know that if they do take me to court the simple fact is that they won't get more money off me as I just don't have it.

 

Any help would be greatly appriciated as I'm terrified that I've left this too late

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I wouldn't be too concerned about the letter before action, it is obvious Triton have given up and sold it to a new DCA. i would send Interim Justica a new CCA request.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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