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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Tesco [RBS] credit card debt sold to Intrum


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Hello:)

 

I'm currently waiting on an SAR from Tesco, and will also CCA them soon just for clarity.

 

My issue at the moment is the DN I have.

 

It's from a while back, when I was setting up payments to them, and before I was aware of my rights, or the fact the notice might be wrong.

 

Anyway here's the default

http://i508.photobucket.com/albums/s328/lizzybug78/tescodefault.jpg

 

...and the subsequent termination

http://i508.photobucket.com/albums/s328/lizzybug78/tescotermination.jpg

 

Would I be right in thinking they've been a bit silly with the remedy dates? If so, what's my next step?

 

Thanks

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Yes you are right. They have only allowed you 14 days from the date of the DN. They have not allowed for delivery. By the way 24th March 2007 was a Saturday, so it would be deemed to have been served on you on the 27th March. The date for rectifying the breach should have been 10th April 2007.

 

Alan

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Thanks very much for this alangee - any idea how I should proceed?

 

I pretty much get the DN stuff when they have it wrong (although I still like confirmation I'm not missing something obvious!), but I don't quite know what to do with the information!

 

Any help from anyone would be much appreciated:)

Time flies like an arrow...

Fruit flies like a banana.

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Keep the DN in a safe place. When they terminate (with a defective DN) you will only be liable for the arrears mentioned in the DN. If they issue court proceedings, then even if they have a kosher Credit Agreement, they will fall down on the Default Notice.

 

Alan

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Hi Alan

 

They have actually terminated the agreement - not long after the remedy date of the DN.

 

I'm just wondering how to go about telling them they've fouled up, and then what do I do to try and get them to accept just the arrears?

 

Although I'm resigned to the fact I may end up in court, obviously I'd rather not, so any suggestions are very welcome:)

Time flies like an arrow...

Fruit flies like a banana.

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Bliddy hell, I wish I had been given these :lol:

 

DN date 24 March - remedy date 7 April = not enough time for even 1st class mail especially as the 24th March was a Saturday :)

 

Then they Terminated 3 days after issuing the DN ie 27th March ??

 

Fantastic :)

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Yep, this one and Lloyds I'm pretty happy about;)

 

What I really want though is to use it to get the debt and my CRA file cleared, without going down the court route and asap.

 

I'm not asking much...:)

Time flies like an arrow...

Fruit flies like a banana.

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Hi Lexis

 

I think your next step is to request a SAR and/or a copy of your CCA. If you go for the SAR, and you find there are unlawful charges, this could be another reason that the DN is defective. You should also get a copy of your agreement with the SAR and if that is defective, that should make the DN irrelevant. Collect as much information as you can.

 

Tesco will not accept that the DN is defective, so you will just be in a to and fro situation if you tell them. If it ever comes to court, the DJ should side with you, and you may be able to make a counter claim for unlawful charges.

 

If it were me, I would just sit back and collect as much information as I could, so that if it does go to court I am in a good position to contest it.

 

I have just reread your OP and see that you have already sent for a SAR/CCA.

 

Alan

Edited by alangee
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Thanks Alan - very helpful info:)

 

My only issue is that I could do with not having this hanging over me for ages until they possibly decide to go to court...

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Fruit flies like a banana.

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  • 4 weeks later...

After a stupid wait for the SAR it arrived - with only statements and a couple of letters I had written to them:mad:

 

Round 2 ding ding.

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Hiya Lexis,

 

Tesco still aren't any better at drafting DNs - mine says I must remedy within 17 days.

 

s88(1) states that the default notice must give the date by which the default can be remedied.

 

So I'm guessing (and hoping) that a vague 17 days rather than an actual date won't cut it.

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Hey Underdog:)

 

You'd really think it'd be simple wouldn't you:rolleyes:

 

What irks me is that all the information needed to draft these documents correctly appears to be online. I reckon I could knock up a decent credit agreement followed by a watertight DN without too much of an issue, so why the hell can't they when they have the access to all the legal nonce that they do?

 

Bl**dy banks:(

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Fruit flies like a banana.

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Mind you, that said, thank goodness they do make so many mistakes with their DNs:)

 

Absolutely, I wouldn't want it to change:D

Time flies like an arrow...

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  • 2 years later...

Lexis, I know this is an old thread, but can you tell me if Tesco ever did fully comply with your SAR ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CB

 

Funnily enough I was looking at my Tesco stuff the other day, and no, they didn't ever fully comply.

 

After they sent the statements etc I complained several times and didn't even have replies.

I'm afraid I didn't go any further down any other routes (FOS/ICO etc) with complaints.

 

I've done this with two other creditors after they didn't comply, and even though they were instructed to do so (I think by the ICO, it was a while ago though so I'm a bit fuzzy now) they still did diddly squat. One in fact told the ICO twice that they'd complied even though nothing had been sent at all.

 

I've also never had a CCA back from Tesco.

From memory I got the standard t's and c's application with no details on it, but never anything that related to me personally.

 

I should start on at them about the DN again, but I've been out of the loop for so long I'm concerned that I may have missed something important on the forums, and I just don't have the time to get back on it at the moment:(

 

Are you having problems with them then?

 

xx

Time flies like an arrow...

Fruit flies like a banana.

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Very odd, they did actually send a copy of OH's agreement, but no T&Cs.. but there was no dispute with that as far as we were concerned. However, they are refusing to part with statements over 6 years.. and I really, really want them for the purpose of PPI :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 7 years later...

Hi, I'm hoping for a bit of advice please.

 

After some very distressing problems many years ago that caused us a significant amount of financial hardship,

I dealt with our cards years ago with the help and support of the people on this site.

 

However, I gave up on some having got nowhere with them (sorted all of my husband's, but ran out of oomph when it came to mine), and stopping paying everyone who didn't comply with CCAs etc was just too much for me.

 

As a result of this, I've been paying Tesco £11ish a month for the last 10+ years on what was a 7k debt.

I've been ok with this as it was easier than dealing with the stress and the impact it was having on my health tbh.  

 

However...Intrum came on the scene a while ago saying they owned the debt and I needed to pay them.

Lots and lots of (ignored by me as I was still paying Tesco) letters from them later, I CCA'd them.

After a few weeks I received a pack containing a few statements from 06/07, some generic terms and conditions, and a paragraph stating

 

"The original creditor's response is as follows:

 

We have enclosed the copy of agreement and the Terms and Conditions. We have also enclosed Statement of accounts. The reason for a difference in the closing balance of the statement is due to the customer continuing to make payments on the account from 2007 until the sale in 2019. We have provided the last payment statement from Jan 19 which shows balance of X, to which again the reason this is different from X is due to  the customer continuing to pay from the determination date in October 2018."

 

I've checked back over the correspondence I had with Tesco way back when, and aside from an unfulfilled CCA, there is also an unfulfilled SAR from 2009. I've never had a signed agreement from them. Also (and don't think I'm not kicking myself over this), about 2 years ago when everything was just ticking along, I was clearing out and decided that I didn't need paperwork from a decade ago on stuff that was in status quo, so I don't think I have any of the stuff they've sent me previously. I know, I know, you don't need to tell me.

 

Having received the little pack of useless info from Intrum in August I've not responded at all, however I have kept up the payments to Tesco which are not being returned to my account, so they are going somewhere (where if they no longer own the account?). A couple of weeks ago I had a letter from Global Debt Recovery which I'm guessing is to do with this. No information other than a phone number and a request to call them, which obviously I haven't. I found the letter again today and it's prompted me to see what, if anything I should do.

 

I'm feeling more up to getting on top of this now, and am wondering what my next step should be? I used to know what I needed to do, but so much time has passed I'm wondering if things have changed, hence the request for advice.

 

Any help would be appreciated, thanks.

 

Time flies like an arrow...

Fruit flies like a banana.

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  • dx100uk changed the title to Tesco [RBS] credit card debt sold to Intrum

old and new threads merged for history

shame you blindly paid all these years when there was never any enforceable agreement.

just running the SB date to infinity.

 

can you scan up to ONE multipage PDF 

the CCA return please from intrum [1st credit]

 

read upload carefully

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the reply DX.

 

I know, but at the time I'd have been a mess if it had become litigious. Probably still would tbh, but I feel more up to dealing with DCA than the OC for some reason. 

 

I'll scan up later, not at home for a while. 

 

 

Time flies like an arrow...

Fruit flies like a banana.

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