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Please help.........Tesco/Incasso


GirlAloud
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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!

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Subbing.

 

In the meantime i'm really hoping someone very knowledgeable will come along!!!!

 

Your husbands CCJ was for what? The full amount?

 

- 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 Could really do with a comment on this from someone that knows!!

- 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.I believe that this is used as a defence, albeit not the strongest of defences. need more views here!!!![/QUOTE]

 

Hopefully i've bumped you. Your problems are complicated though I reckon there's a solution.

 

hang in there.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Bump

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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I'll see if I can get you some more knowledgeable help.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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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!

 

There are issues here I am unable to help with but....

 

My question is did you have payment protection insurance (PPI) on this loan??

 

If you did there is a strong possibility that the PPI may have been mis-sold due to you circumstances at the time. If PPI was attached and you have a claim for mis-selling this may be of help to you.

 

Please have a look in this forum.

 

Payment Protection Insurance (PPI)

 

I am sure the site team will look at all the eventuallities and offer support and guidance as they can.

 

Please post up for more help and if you consider PPI to be an issue please start a thread in the PPI forum ;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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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.

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I was posting in the hope PPI would be an issue. Sorry but I am not up to helping on the issues of charging orders. I would however explain to them the full situation regarding your circumstances.

 

I was not aware that Tesco were a company that would do this, especially at this time of year. :shock:

 

I will now shop at ASDA/Morrisons as a personal protest. I know this is no help to your plight but principles come into play here.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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- 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?

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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

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  • 4 months later...

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

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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

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