unknown Carter CCJ for Tesco Credit Card - set aside help please

[Braveheart12]

Thanks and good luck!

[basa48]

Why would you want to keep it?....as soon as you default on any of them they will reduce your limit to the current balance, and raise the interest rate sky high.

 

You reckon ?

 

If they do I will have to CCA them too, but I can't recall when I took it out (Smile CC).

[creditcardmug]

Thing is, the banks/DCAs are all joined at the hip with the CRAs, so the minute anything happens to your credit file they all know about it and react accordingly (even something as simple as a couple of credit searches can trigger it (one reason i don't recommend searching your own credit file)

[roko20650]

Hi all, just joined this thread, some interesting stuff. My cards are mostly pre 2004 any like some of you my back is against the wall and I just have to try and dump anything unenforceable due to unemployment problems. Interesting what you say about not searching your credit file, I never thought of that, but how would you know if something had put a default against you if you don't search your file. I just joined CreditExpert to check my file for that, but only used it once. Some advice would be helpful. Roko

[creditcardmug]

Hi all, just joined this thread, some interesting stuff. My cards are mostly pre 2004 any like some of you my back is against the wall and I just have to try and dump anything unenforceable due to unemployment problems. Interesting what you say about not searching your credit file, I never thought of that, but how would you know if something had put a default against you if you don't search your file. I just joined CreditExpert to check my file for that, but only used it once. Some advice would be helpful. Roko

 

The minute you start defaulting on your payments to credit card companies/banks, you can take it for granted that markers will have been placed on your credit files with the CRAs, once it gets to the stage where one of them issues a default notice that will be on there as well.

So theres really no need to search it yourself

[roko20650]

I have stopped paying all of them, so I can assume therefore my credit file is well and truly marked, I have had £12 penalties on a couple even though they have received Account in Dispute letters from me, and NWB CC are threatening to issue a default on one of my husband's can they do that when the account is in dispute and, how would you stop them, whilst its in dispute? I probably being a dummy here but things are only sinking in slowly!! Roko

[creditcardmug]

Your assumption is correct, they shouldn't do anything whilst account in dispute, its against guidelines, but they do.

You should complain to TS/OFT/fos/mp/everyone...problem is the authorities are their best buddies too!...you see what were up against?

[roko20650]

Many thanks, I'm learning all the time, hey ho, just keep going. We certainly are up against it, but the tables are turning, the banks are receiving a "bloody nose" from all sides at the moment and not a moment too soon. But "being a dummy again" can you complain to trading standards as soon as you receive the first £12 penaltiy after the account is in dispute? Do you have to wait until you get a Default notice? What is the difference, is there any? Roko

[basa48]

I have stopped paying all of them, so I can assume therefore my credit file is well and truly marked, I have had £12 penalties on a couple even though they have received Account in Dispute letters from me, and NWB CC are threatening to issue a default on one of my husband's can they do that when the account is in dispute and, how would you stop them, whilst its in dispute? I probably being a dummy here but things are only sinking in slowly!! Roko

 

Have you checked your credit file?

 

I've not paid 2 months payments on four credit accounts to date and checked my credit report. Not a mention, not even late payment markers ???

 

How weird is that??

 

I do expect it to be trashed before war is over.

[roko20650]

Hi Basa, yeh there was nothing on mine either, that I could see, but possibly there are indicators that prospective credit givers would know and you and I would not. Roko

[basa48]

Hi Basa, yeh there was nothing on mine either, that I could see, but possibly there are indicators that prospective credit givers would know and you and I would not. Roko

 

I suppose that's possible but my report gave access to monthly indicators which included any late payment markers and all my records came up [0] (no payment problems).

 

I would like to think it's because of my threats to take it further bearing in mind the pathetic examples of so called agreements they have supplied to date. But then again I don't suppose they give a sh*t about the FOS or ICO and think I haven't the bottle.

 

Well I have :grin:

[Braveheart12]

The story so far......I sent a CCA request in February 09 which was signed for and acknowledged, However I am yet to recieve a CCA. I then placed the account in dispute in March, this letter was also acknowledged but still no CCA.

 

Since then all I have recieved is monthly bills, which I have not paid. I have not recieved a Default Notice or any payment demands. Until this week when I recieved the following 2 letters.

 

 

 

I am aware that RBS should not pass this account to a DCA when the account is in dispute.

 

The DCA is now demanding the full settlement of the account. Does this mean RBS have terminated the account without issuing a DN?

 

Any help with this would be really appreciated as this is one of my largest debts.

 

I was thinking, maybe send the "I am bemused that this account has been passed to you" letter to Regal Credit, which states that RBS cannot do this as the account is in dispute.

 

Thanks.

[welshwizard]

As you said, the Bemused letter would seem to be the best method to get this DCA off your back and return it from whence it came (RBS). Possibly put a copt of the original Dispute Letter to reinforce your point and a copy of the OFT Guidelines on collection as good measure.

[Braveheart12]

Yeah I think I'll send them the following letter.....

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[Braveheart12]

OK...sent letter yesterday.

 

Does anybody know if RBS have terminated my account by passing it to a DCA? As I have not recieved a Default Notice....or am I miss-understanding how things work?

[42man]

Is this a bank account or a loan/credit card ?

[Braveheart12]

Its a Credit Card account.

[42man]

In which case....i'd send a SAR off to them....and it would seem that Regal don't own the debt they are just collecting on behalf of....as for Regal send them this -

 

Send them this (amend to suit)

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[Braveheart12]

Cheers...Will do.

[smouk]

Is the amount being demanded the alleged total balance? If it is then IMO they've terminated.

[Braveheart12]

Yes the total alleged balance.

[Braveheart12]

After reading "A Tale of a Dodgy DN" by surfaceagentx20, Am I correct in thinking that if the account has been terminated by the OC then I am only liable for the arrears?

 

If I am correct the big question is...has the account been terminated?

 

Will a SAR help me to find this out?

[smouk]

If I am correct the big question is...has the account been terminated?

Yup! They can't argue otherwise.

[Braveheart12]

Received another letter from regal today stating.... 'As we have not been notified of any reason for non-payment we demand that the account be settled IN FULL immediately to avoid any further action being taken.

 

If we do not receive a payment or response from you we may arrange for a Field collector to visit you to arrange payment. This could add further costs to above liability.'

 

I sent them the "bemused letter" from post #7 by recorded delivery!

 

Should I resend or send a different letter?

 

thanks in advance.

[Braveheart12]

I think I'll draw their attention to the letter I previously sent them and send them the following letter....

 

Dear XXX

 

In a direct response to your recent activities / letter, dated xx xxx xxxx, received at this address on xx xxx xxxx. [Delete whichever is not applicable]

 

 

I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)

 

THEREFORE TAKE NOTE THAT I REVOKE LICENSE UNDER COMMON LAW FOR YOU, OR YOUR REPRESENTATIVES TO VISIT ME AT MY PROPERTY AND IF YOU DO SO, THEN YOU WILL BE LIABLE FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.

 

 

I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be recordedeither by CCTV or by telephone recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

 

Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

 

The areas of the OFT guidance which applies to you in this instance are:

 

Debt collection visits

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

 

Deceptive and/or unfair methods

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

 

I do believe this makes my position clear and unambiguous.

 

 

Yours Faithfully