This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

hi sadly i have no proof that i sent it back and cant really recall the exact details of the tomlin order. i have paid the set amount every month without fail since and am about to double my payments to them to get it paid quicker i really would like the chance to get that ccj set aside cheers pete

Hi, thanks for your reply i think what really bugs me is that it is a CCJ, i have paid nearly £38k back to my creditors and they are the ones who were a nightmare to deal with. i dont want the CCJ round my neck now when i have come so far and paid so much back, i was on track to getting myself sorted and now im out for another 5 years (when ccj is removed) cheers, pete

its ok, just found it

hi also where can i find a SAR template? thanks, pete

Hi everyone, I got into difficulty paying back a Tesco loan 5 years ago and ended up going to CCCS to set up a payment plan to repay my debits. All was going well till last year when I decided to pay my debtors directly. All my debtors were happy with this including Tesco, but SOMEHOW they did not take payments for 3-4 months without me realising. I ended up with county court papers, so I phone Tesco to sort out the payments and they said that I could setup a Tomlin order, which I agreed to. While the paperwork was being sent out, I made a payment just to make sure I had a record of what we had agreed. Tesco advised me that they would cancel the court proceedings and as long as the y received the papers all would be well. 30 days passed and I noticed that once again they had not taken the payment as agreed so I phoned up to find out why. I was told that they never received the papers so they went ahead with the courts and I now have a CCJ by default. I have left it at that for over a year but I still feel it was unfair. Is it worth trying to get the ruling overturned? Bearing in mind the following points 1. I never received a default notice but on my credit record there is one listed from nearly 5 years ago 2. We agreed a payment plan and I made a payment as proof but still they took action Thanks for any advice

great thanks for that, i was just looking at doing that cheers

Hello i received a letter from incasso llp saying that they were applying for a CCJ so i phoned them up and they said that if i agreed to a tomlin order they would not try to obtain a ccj. i agreed and they told me to wait for the paperwork to be drawn up, in the mean time the court papers arrived so i phoned incasso and they once again said that the tomlin order would halt the legal proceedings. i had just been paid so i decided to make a payment over the phone and set up a standing order for the agreed amount. it must have been 3 weeks passed when i received a letter from incasso (13/04/09) and it was dated 7/04/09 saying that they had not received my tomlin order and i should return it signed immediately, which i did. by now 2 payment had been made of the agreed amount and out of the blue last week i received a letter from incasso saying that i was too late to stop the ccj. i have now received the ccj from the courts and am gutted as i feel that i have done everything to avoid this situation is it even worth trying to get the judgement set aside?? thanks steve

sorry and i have the letter detailing the payment plan from incasso llp

hello, in 2004 i owed 46k but bit by bit i have paid my creditors off, all except tesco. firstly they refused to accept a reduced payment for a short period so i paid it anyway over the phone every month. then they said that i could set up a direct debit so i did but they never took a payment out. a few months went by and i noticed that they had not been taking out the payment so i phoned them up and they said as i had not paid, they had handed my case over to the incasso llp legal team. i contacted them and they would only accep £600 per month as payment (was paying £280 on a 25k debit) i could not pay so they said they would take me to court. few days later a letter arrived saying that unless i paid the full total (now 20k) they would put a charging order on my home, so with no other option i said OK take me to court! then they said they would accept £340 a month, which i accepted. a letter arrived detailing the payment plan and they took my bank details so for the last 2 months there has been a glimmer of light at the end of the long tunnel today a received court papers for the full amount, i phone my bank to see if they have been taking payment and guess what............. no payment had ever been requested or paid i really am at my wits end, and i feel i have been stiched up. any one else in a similar position or know what i should do? thanks

thats fine, thanks anyway

the agreement is from 2005

hello thanks for the reply i cant scan it at the moment as my scanner is broken but there really is not much on it CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 MY NAME AND ADDRESS MY PHONE NUMBER MY SORT CODE AND ACCOUNT NO DETAILS OF THE LOAN AMOUNT TOTAL CHARGE FOR CREDIT APR 7.4% REPAYMENTS per month it really is just a a4 peice of paper with little info on it. it has a few lines on the back regarding the CCA

anyone in the same boad or has some advice please?

bump

i have my customer copy of the credit agreement, anyone know what i am looking for please

Hello i have a loan with tesco personal finance (RBS) for £25k. around 2005 i could not meet the repayment of £360 pcm and offered £100 as that is all i could afford. i am currently paying £230 pcm and they have now said they want the full amount which is around £20k or i pay £560 pcm, which i simply cant afford. they have now said it will go to there litigation team and a charging order will be made on my home and i will then be able to offer reduced amounts. I have seen this CCA request and am tempted to ask them for the agreement in hope there is a mistake and i dont have to pay. will this just annoy them and they will make my life even harder? and has anyone else found problems with the CCA agreements from them cheers paul also is there any good links for what to look for in terms of making the agreement unenforcable?

This Is A Better Cliffhanger Than Eastenders, Who Shot Phill

Please Tell Us Whats Going On!!!!!!!!!!!

ah ha found it, it a claim form n149

i can only find refrence to a N152 sprry where would the number be?

hello im just filling in the small claims court allocation questionnaire, in the witness box should i just put 0 as i dont have any to call? and is there any experts evidence that i can call upon? should i be making a defence statement? i have seen the shabbeys defence, its a badly photocopied version of what everyone else seems to have thanks for your help steve

sorry im going to hold out for the full amount

hello i was at this stage around a month ago. the shabbey will try and try again to stop you from getting the money that they stole from your account. best advice is to be firm follow the templates and they will cave in abbey sent me a letter this morning offering me exactly half of the amount claimed! goodluck