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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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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.

Time flies like an arrow...

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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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