various RBS/Tesco debt - default notices

[andyr666]

This is my first post on this excellent forum, even though I have been lurking for sometime.

 

Today I received a demand letter from Tesco Personal Finance regarding an unsecured loan that I have with them, this in itself did not concern me as such as I am currently suffering financial problems and have been operating a DMP through CCCS for the past 2 months. What does concern (rather madden) me is the language that Tesco have used in this letter.

 

- Legal action which may involve bankruptcy or repossession proceedings

- Enforcement/recovery action which may involve attachment/arrestment of wages, seizure of assets or repossession

- Passing details to Debt Recovery Agents to pursue you for repayment, which may involve personal visits to your home.

 

Is this type of language deemed to be acceptable? For instance, I was under the impression that attachment of earnings orders are only dispensed by the courts and only after a CCJ order has been ignored. I am really angry at the way Tesco have approached this matter and would like to send a strongly worded letter to make my feelings known. Any help in this matter would be very gratefully received.

 

Thanks

 

Andyr666

[42man]

You notice how they say 'MAY'....as opposed to 'WILL'

[andyr666]

Thanks 42man

 

So they are able to state with impunity that they will take action which "may involve attachment/arrestment of wages" even though they do not have the jurisdiction to do so?

 

Thanks

[hillards]

They 'may' self-combust and be never heard of again, but that's just as likely as them taking any direct action on many of the lines they suggest.

 

Their course of action would be to go to a Debt Collection Agency (DCA) and get them to chase you, but mention this to CCCS as they may have ideas of their own about how Tesco can or cannot conduct their business when they are already dealing with the matter.

Edited November 19, 2008 by hillards
dropped spill chucker on flore an it broak

[andyr666]

Thanks Hillards

[darryl1960]

sorry andy but tescos letter is quite usual for debt collection proceedures , threats threats and more threats, just wait until the debt collecting agents are involved and laugh at some of the rubbish they threaten you with ,luckily you have found this site and will be able to judge that most of the threats are not to be taken too seriously .

[andyr666]

My wife and I were on a debt management plan with CCCS (since decided to "go alone"), all creditors had been informed and the only people who did not accept our re-payment plan at the time were Tesco Personal Finance. In October last year and within a month of being informed that we were on a DMP Tesco PF sent a letter saying that "they were pleased to confirm the offer a refinance loan" --a loan that neither my wife or I asked for. I thought that it was strange at the time and wrote to TPF to try to ascertain what was going off, I haven't had a reply. The loan was taken out in June 2006 and I have not bothered sending a SAR or CCA request as I thought that all paperwork would be in order.....maybe not. Its got to be worth a tenner just to find out.

[andyr666]

Subbing

 

I have sent a CCA request to RBS/Mint for an Advanta card taken out in 1998. Their 12+2 is up tomorrow

[andyr666]

Hello Milly

 

I have just received a CCA from Mint relating to a card that my wife took out in 2004 that is similar to yours in that the image is also miniscule. I have managed to blow it up and the agreement looks fine but what strikes me as odd is that enclosed with this agreement was an up-to-date copy of the cards T&Cs as opposed to those that existed at the time that the agreement was signed...this got me thinking. It seems to me that maybe Mint do not have the actual original copies of the signed agreements anymore and are having to rely solely on microfiche images to fulfill their CCA request obligations. Surely if they had the originals RBS/Mint would be supplying full sized copies of that original rather than the postage stamp versions taken from microfiche. If this is the case how do they stand legally? If they are not able to produce the original agreement in court is that agreement unenforceable?

[andyr666]

Could someone with superior knowledge to me (not difficult) please tell me how many default notices for a single debt that it is normal to receive? Mrs Andyr666 and I have received 3 default notices each since October 2008 for a joint debt, does any one know which of these default notices takes presidence?, does the last one supersede all the others?

 

Many thanks for any help

[42man]

You cannot get defaulted for the same debt twice.....have a read here, you should find some interesting info on the links provided - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

[andyr666]

Thanks 42man. I have previously read through some of the threads you have highlighted and to be quite honest they have raised more questions than answers...this is all very new and alien to me When you say that you "cannot get defaulted for the same debt twice" what does that practically mean? Does the issuing of multiple default notices restrict the creditors ability to enforce a debt. These default notices came from 3 different offices within RBS, obviously a case of the right hand not knowing what the left is doing.

[Peter1082]

It is true that a default can not be issued fo the same debt twice. I am having this issue resolved at the moment. Had a default on my report for a debt from barclays who later sold the debt on to a debt collector who put another default on for the same debt. Barclays should have removed the origional default when they sold the debt on. My advice is to contact experian (www.experian.co.uk) its free to join for the first month, give them a call and they will do the work for you. They are currently contacting barclays for me to request they move the origional default. Just waiting for the confirmation email.

[andyr666]

Thanks Peter

[andyr666]

Hello Everyone

 

I want to SAR RBofS for a Tesco Personal Finance loan that I have...does anyone know the correct address that I should be sending this

 

Many thanks

[MARTIN3030]

Sorry for the late reply.

Here it is;

 

The Data Controller/Compliance. The Royal Bank of Scotland plc, 36 St Andrew Square, Edinburgh,EH2 2YB. A fee may be payable.

[andyr666]

Sorry for my even later thanks, I missed your response earlier

 

Thanks very much

[andyr666]

I received a similar application form for an Advanta card (1998) in response to my CCA request to Mint...I sent the go forth and multiply letter 3 weeks ago and await further developments so this thread is of great interest.

[andyr666]

Subbing...us anti-MINTs must stick together....i've received an app form in response to my CCA request

[andyr666]

Tesco PF are not very good at the default thing, and it is not through lack of practice. My wife and I have been issued 3 each and all flawed like yours for one joint debt

[andyr666]

Hello Everyone

 

I know that a creditor can terminate a credit card agreement, but what is the process when it is a loan agreement rather than a CC...does the creditor just have to demand full payment for the agreement to in effect be terminated? (after a default notice of course)

 

Thanks for any help

[andyr666]

DinkJames

 

How strange that you should bring this up now. About 6 weeks ago my wife and I both received statements from TPF relating to the perio Sept 08 to beginning of MAy this year. As far as I am aware it is the first time that I have received statements regarding this loan which was taken out in 2006. I will be watching this thread with some interest

[andyr666]

Good morning folks,

 

The moment we've all been waiting for (or at least I was). Today I received a draft judgement from the court which I summarise as below:

 

a) in regards to the agreement itself. The T&C does not refer to me by name or indeed in any other way. Also the judge stated that he was asked to accept that I became party to the agreement by clicking the box, whilst that may have signifies my agreement to the T&Cs, it looks to him that this is not what S61(1) of the Act envisaged.

 

b) in regards to the DN, having read the Woodchester case, the judge stated he can do no better than refer to the words of Kennedy LJ regarding individuals & large corporation. In fact my case is even clearer than the woodchester because isntead of carrying out calculation of the amount, all the Claimant had to do was to ensure that I had the required full 14 days of in which to comply woth th enotice.

 

So because of mainly these points above, he dismiss the application with there being a real prospect of the defence succeeding.

 

As this is a draft judgement, the handed down judgment day will be on the 24th August.

 

Well done Mrs Z...I am the proud owner of a defective default and termination by Tesco Personal Finance and this thread gives me real hope