Incasso and Tesco,,CCA sent but will still carry on enforcement.

[cups]

DTF

 

Thanks, i wprior to e 2006 date so it is 7 days, I think. I have just found this DN so have not had time to tell them about it. ShallI just wait til court on Weds or should I try and tell them on Tues?

 

I feel an ambush coming on, I know that they have got away with the no DN kept argument before, luckily I have found mine. What is interesting is, is that the actual DN just has a date for the remedy on, which says before the 27/10/03,, but the date on the accompanying letter is 17/10/03. They haven't put a date on the D for the date of service whichI think is a deliberate ploy on their part. The 'copy' of their standard DN does have a place for the date, which I think is sneaky.

 

Does anyone think I should call them on the Tues to let them know about the DN, they have not shown me any considertion at all so I am tempted to not shown them the slighttest bit!

 

Cups

[cups]

Can someone tell me what they think,,I am going to go with the DN being invalid,,because of lack of time,,pre 2006,,it was sent in 2003 am I right in thinking 7 days because it is still invalid,,

 

If Cobbetts hadn't gone for this quickie hearing I could have written to the court to telll them I had found the DN,,but I haven't had a chance so will bring it up on Weds,,

 

Any advice would be great

 

Thanks Cups

[cups]

Also I have gone through all of the corries and I have anote on a letter saying that I spoke to ~~~ who works for Credit management Services and he told me to ignore the DN.

 

I then wrote to the CAB a bit later on, a couple of weeks later, and updated them on what that person had said about the DN etc.

 

I tried to update the solicitors today but they seem unconcerned that I had found the DN. The person responsible for the statement for the claimants is not going to court tmrw, an agent is being sent instead. Does anyone know if they have to get permission to do this?

 

Any advice appreciated,

 

Cups

[cups]

Well I went to court today and sort of won and sort of lost.

 

I turned up and admitted that i had the DN, termination letter and other corries, some of which were notes that the man at the Credit Dept for Tescos had told me not to worry about the issue of the Dn and to ignore it!

 

The Judghe seemed to appreciate that I had found the letters but seemed unwilling to listen to my argument that the DN was invalid etc. I explained that I felt that Tesco had acted improperly etc in not keeping these documents but their barrister just argued 'that this is the way all companies act'. He seemed to think that it was acceptable.

 

Anyway I went on to tell that Judge that since the DN had been issued that they had continnued to accept my payments, for over 5 years. He asked why I hadn't settled the debt, it seemed to elude him that I couldn't afford to do that. I then told him that if I got a CCJ I may lose my job and that seemed to make him think and he then suggested a 'Tomlin Order' was the way forward.

 

I thrashed one out with them and have agreed to pay more to them. It is due for review in 6 months but the Judge said that was no problem and that as long as I continnued to pay then there would be no order. I have escaped a CCJ but have taken a hit for standing up to the banks. Intotal about £1100 in costs.

 

I feel better for standing up for myself but I do feel that Judges need to wake up to the scams being pulled by the banks.

 

Thanks for everyone's help and support. I have one more case on the go at the moment for court,,so I will see what that one brings.

 

Cups:D

[cups]

Hi

 

I will try and keep this short.

 

About 2 years ago l agreed to a Tomlin Order on a Tesco Loan, this was actually with RBS.

 

The DJ ordered it, and it was all signed and sorted. I pay every month, never missed a payment.

 

Now just got a letter the other day from Tesco Bank saying that 'despite previous letters l have failed to contact them'. That is incorrect as this is the first ever letter.

 

Anyway l wrote to them saying there is a Tomlin Order in place so stop harassing me.

 

I have now today received a Formal Demand that is dated 9th September, giving me 7 days to pay!!

 

Am l right in thinking that RBS have sold the Tesco Loan Debt to Tesco Bank and decided not to tell them about the Tomlin Order??

 

Can Tesco Bank do anything??

 

It all seems incredibly unprofessional on both their parts, not surprised by that.

 

I have all the corries from court etc.

 

Any ideas on anything else that l can do?

 

Thanks

 

Cips

[Docman]

cups

 

Tesco Personal Finance plc was a joint 50/50 venture between Tesco and RBS until a couple of years ago when Tesco bought out RBS. TPF also goes under the name of Tesco Bank but it is the same company that would have agreed to the Tomli Order. However, according to press reports, they same to be having some IT problems.

 

I suggest you write back, enclose a copy of the Tomlin Order, and basically tell them you will not respond to any more of their silly letters. Keep up the payments on the Tomlin Order though.

[AndyOrch]

Well if they have, they are accepting your payments on debt that they have assigned oohhhh interesting.

Another reason why this debt selling should be out lawed and banned.

 

Andy

[cups]

Thank you both very much for your help.

 

I have already written back about the order, but l will send another letter and enclose a copy of the order.

 

I will keep up the payments as well.

 

I haven't changed my standing order, but they must be getting the payments or RBS are keeping them?

 

Will do that all on Monday

 

Cups

[cups]

Hi

 

Tomlin Order was in April 2009 so will send a copy to them next week.

 

Cups

[cups]

Hi

 

Dug out the Tomlin Order, it is signed for 'on and behalf of Tesco Personal Finance Limited' , which is what is now the Tesco Bank. They seem to have lost the 'documentation' on this one?

 

Just going to check the balance, they may have that wrong as well.

 

Glad l have kept everything, think a letter about stress may be coming on.

 

Cups

[cups]

I decided to call Tesco Bank about the letters.

 

It is all a big mistake during the takeover of business?

 

I have lodged a complaint, will wait to see what that brings.

 

Thanks for everything

 

Cups

[cups]

Got a letter about my complaint that said sorry but there is no complaint to investigate??

 

I am going to write to someone higher up the food chain on the basis that for over a month they write numerous letters to me that were all a mistake?

 

Come on Tesco, every little helps!!

[cups]

Hi

 

I made a complaint but got nowhere with it, app Tesco Bank are entitled to send spurious letters as a mistake and it doesn't matter!

Well today l have received a letter saying we are 'serving you a notice under the consumer credit act as your account is in arrears' ?? I have read the notice 3 times,, no act and section quoted at all??

As l have a repayment set by a court the Consumer Credot Act is not applicable is it, such as DNs etc??

I am up to date, not ever missed a payment? Wonder if they are trying to put something my credit file spuriously?

Is there an section of the CCA they can do this under, if there was l would have thought they would quote it?

Any advice appreciated before l fire off a volley of shots across their bough!!

Cups

[ScarletPimpernel]

Why not write to them with a formal complaint, asking them to let you have their Final Response so you can escalate the matter to FOS. I would also let them know that you construe their letters as amounting to harassment, and remind them since Ferguson v British Gas, the 'it was a mistake so it doesn't matter' and 'some big boys did it, and then ran away' excuses don't wash - they are responsible for what they send out, in error or by design.

[cups]

Hi SP

 

Yes l think l will, just wondered about the issue of the notice under the CCA, l did not think there was anything they could do?? Especially as they do not list a section of the CCA?

I will fire off a letter next week

 

Thanks

[starmonkeylg]

Hi everyone, first post here, I've been having exactly the same issue with Tesco Bank.

 

Had a CCJ and a charging order on my property after defaulting on a Tesco loan due to a relationship breakdown, have maintained payments in accordance with the judgment for nearly three years now but started getting harassing letters from Tesco Bank last September and today have received Default notices.

 

I've phoned Tesco Bank on several occasions and they keep harassing me to pay the 'arrears' on the account. I can't get it across to them that there aren't any arrears as I'm paying in accordance with the direction of the judge.

 

I've found the whole experience extremely stressful and worrying - I mean, can they add further charges to my account given that they seem to be going through the whole default process again?

 

They really are the worst bank I have ever had the misfortune to deal with. I have to say all my other creditors were brilliant after my relationship breakdown left me solely responsible for all household debts.

 

I've made a complaint to Tesco, still waiting for a reply but will take this to FSO if they don't stop. Am also going to see Citizen's Advice.

Edited January 8, 2012 by starmonkeylg

[cups]

Hi

Sounds like they have themselves in a right state! As far as l am aware they cannot now default you as it is all subject to a court order. I think that Tesco Bank are now a single entity having taken over their 'joint' status from RBS and as such they are trying to get on our credit files by claiming a default on their own names!!

It is all very sly and underhand and l think immoral, l am going to write a very stern letter this week of complaint and l will not put up with it, please do the same.

If anyone out there has any other ideas, or can offer an alternative reasoning behind their behaviour then let me know.

Cups

[ScarletPimpernel]

It might also be useful to research BCOB, since it appears that the bank are not treating you fairly.

[cups]

Thanks SP, v interesting reading!!

[citizenB]

If they want to make any changes to the Tomlin or Court orders then I think they need to return to the court first.

 

Having provided them with copies of the Tomlin order, I think they are bang out of order continuing to harass you.

 

This letter/Notice they have sent you.. would it be a Default Notice? It would be really good if you could edit out any personal information and post it up for us to see.

 

follow the instructions given by dx100uk for posting up pdfs..

 

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[gezwee]

Are they in default of sealed Tomlin by pursuing this?

 

Gez

[cups]

The letter is not a default notice, all they say is that as l am in arrears they are required by the CCA to issue a notice every 6 months??

I am in not in arrears of the Tomlin Order and never have been.

In the letter they make no mention of any section of the CCA, l think they are taking the p*** big time and trying it on.

I don't know if they are in breach at all??

Cups

[gezwee]

Cups

 

Check the terms of the TO, my suspicion would be that they are currently building toward a secondary cause for pji [hence the arrears notice]........ check to see if the TO allows interest to accrue.

 

Gez

[cups]

Hi

What is pji?

[cups]

The Tomlin set the interest at that point as a set amount!!

There were some costs, it says nothing about any more interest at all, it was you owe @@@ and agree to pay it. We agreed an amount, which meant l paid a set amount each month!!

To go back to court to try and change it would be pointless!!

I have the name of a senior Asst to one of the Board Members and l am going to write a stern letter to her, quoting Ferguson and their new Banking rules.

Thanks for the advice

Cups