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    • Hi,   I could do with some help with this one. I was in touch with Robway by phone (I know never never do that!) to check a payment whihc was recently made.   During the call they asked if I was going to make a payment on another case which had gone to judgement.   I had no knowledge of any case going through the courts but she confirmed that a judgement had been made in the middle of 2019. The case being an old BPF Car loan that had gone quiet for the last 4 years. I had moved house and sent all the new address details to all the usual places as well as some DCA's.   Robway had the wrong address, same street but different number house and all court papers had been sent to the wrong address. The CCJ is not on my credit report and had it not been for this phone call I would have known nothing about it.   Robway have out a 30 day hold on the account as I have made a complaint about the loan being mis sold, which it actually was but whether I have enough proof or not is another thing.   What should be the next step?   My credit file is not the most important thing, avoiding the bailiffs is.  (I am hoping they haven't visited the people at the wrong address, I'm not sure on the timescale after judgement that they start to visit.)   Would it be an idea to try and get the judgement set aside and if successful fight it on the basis of ineligible paperwork? (I would need to CCA Hoist again to see what they have as it has been 4 years or so since the last one from BPF which turned up a contract that was hardly readable.)   I have a letter from Robway from a few weeks ago (Pre phone call) which proves they have my correct address on file which could sway the judge to set aside.   I still have no notification about the CCJ/judgement whatsoever apart from the phone call to Robway.   You can find a link to the old thread in post 2   Many thanks for reading through this.    
    • I wouldn’t want to live under a repressive government that had a centrally controlled economy and actively suppressed dissent. Yet such an economy could bring massive resources (financial and manpower) into play.   Coronavirus: How can China build a hospital so quickly? https://www.bbc.co.uk/news/world-asia-china-51245156   It isn’t just that it is being built so quickly, but also that it is being built with infection control in mind, and means other healthcare facilities can transfer suspected cases there, retaining their capacity to treat non-respiratory illness patients.
    • I cannot see how they can issue a Court claim, if they have not issued a default notice.   You might owe a debt, but if the terms of the account require the Bank to take certain actions before they could enforce the debt in a Court, then I would suggest you study the account terms/conditions very carefully.  If you can become expert in understanding the account terms, this might come in handy, if you ever did have to defend a Court claim.
    • The key determinant to UB’s scenario is : at what point in relation to when they develop symptoms are those people infectious.   Chickenpox, for example, is infectious (by airborne droplet spread) 2 days before the rash appears. So, the patient might feel a “bit unwell / virally ill” without any specific signs, and not have sufficient symptoms / signs to allow action to be taken.   There isn’t enough data (yet!) to know when 2019-nCoV becomes infectious.   https://www.cdc.gov/coronavirus/2019-ncov/about/transmission.html   “Best guess” is when they start having symptoms of coughing and sneezing, at least that will be peak infectivity.   If they are soon to become symptomatic, how infectious is a single cough or sneeze? Nobody yet knows. Edit: hot off the press: China coronavirus 'spreads before symptoms show' https://www.bbc.co.uk/news/world-asia-china-51254523   As for “Do the Government/NHS have sufficient contingency measures in place to deal with any such crisis ?“   The Agency leading (at least for England, each of the other 3 nations of the UK has a similar body) is Public Health England. It isn’t part of the NHS per se, (but works with the NHS). It is “government”, but quasi-autonomous.  It describes itself as “We are an executive agency of the Department of Health and Social Care, and a distinct organisation with operational autonomy”.   PHE has issued guidance, both for primary care and secondary care, for (amongst other things): a) who gets tested, b) case management, and c) infection prevention measures.   Whilst more information specific to 2019-nCoV is being learnt, these are pretty much based on what we know from SARS and MERS, but I’d expect them to get “fine-tuned” as we know more.   So, there are plans.   2 factors spring to mind immediately, though.   A) Can the plans be fully implemented? Hospitals are already facing bed pressures. If demand for resources (such as FFP3 masks) soars: will supplies match demand? (Both for “total number of units available overall, over the total period of demand”, but equally importantly  “supplies deliverable on demand: what would be the equivalent of ‘cashflow’ for a bank“)   B) Availability of testing. With a small number of cases meeting the case definition, each can be tested. If 2019-nCoV becomes widespread, will the availability of testing match demand? What will the turnaround time for testing be?   Will testing matter if it becomes widespread? At the moment, there is widespread availability of testing for Flu and the most common respiratory viruses. This is useful so that they can prioritise the isolation of Flu A patients in hospital, and offer them treatment for FluA, and Mrs Bloggs who looks like they might have flu, but actually has picornavirus on a background of chronic bronchitis doesn’t get isolated and doesn’t get flu treatment once her results are back.   Will testing matter as much for 2019-nCoV? Not for treatment (as there is no specific antiviral at the moment). How about for decision on isolation? That’ll depend on how many cases there are (there may not be enough side rooms), and if testing supply can match demand.   (not quite “worst case” but “not great case”) scenario is : A) Hospital wards: not enough side rooms. “Cohort nursing” in bays (or even “cohort wards”), so Mrs Bloggs with her rhinovirus and chronic bronchitis gets put in the bed next door to Mrs Bull who has 2019-nCoV (or, even: next door to Mr Bull, if things get bad enough the ‘same sex’ rules get suspended). B) Split Emergency Departments. Non “?flu, ?2019-nCoV” go to one side, those with compatible respiratory symptoms go to another waiting area. All the respiratory symptom patients lumped in, waiting, together. I’d expect once people realised where they would be waiting they would only go if they really had no other choice ...... On the plus side, much was learnt from the SARS outbreak, so they are better informed than when they first faced SARS
    • You don't get a good deal from the USA, look at all the tech we gave them during and after World War II, then they tried to stop us using the tech we invented and provided to them.
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Dinkjames

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I CCA'd Tesco Personal Finance for my Fixed Sum Loan Agreement at the beginning of May. Today I received a photocopy of that agreement in the post. My heart sank into my shoes as it had all the prescribed terms and conditions and I was resigned to having to pay them what I could afford.

 

I found it interesting though, that the letterhead from Tesco (based in Glasgow) was headed with an address in Telford. Turns out the address is that of Triton, who have been chasing me for the balance.

 

At first glance, the CCA looks fine, other than the greyed area where I am to have signed. I didn't think much of it. Keep in mind that I am using the digital signature guide when communicating with DCA's. I sign my name on a shaded lined grey background. Before I found this site, I was signing my signature as normal.

 

Then I looked at the dates on the agreement. I allegedly signed the document on 12 Feb 06. However the document was executed by Tesco nearly a year earlier on 16 Feb 05. Furthermore, I signed the document apparently without dating it. As you can see the '2' has a curl at the bottom and would have been written by the same person. I don't loop or curl my '2's. Putting that all aside, how could Tesco have inserted the date if I mistakenly sent the document back without a date, as they would not have known when I actually signed it.

 

If this is not a clear case of a DCA creating a CCA, then I don't know what it? What should my response be? I know it is difficult to prove fraud.

 

I have uploaded the document with the dates in place. User Media - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

Edited by Dinkjames
grammar

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Well, it doesn't look enforceable to me. Whoever signed this document from Tesco must learn to pay attention. You pay for your mistakes in this world.

Suggest you write a thank you letter with a question. How did Tesco know you were going to be a customer of theirs a year earlier?

Tescos clairvoyants have some explaining to do, lol

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personally i owuld hold it, then argue it in court, or send it to hmrc finacial crimes branch, as its clearly fraud.


question everything!

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I'm not sure that the lack of a signature or corresponding date of that signature of a creditor is a bar to enforcement as its not part of the prescibed terms. (stand corrected if i'm wrong)

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Thanks for the comments

 

I don't think that HMRC would be particularly interested in this, but I will keep it in mind.

 

Nagasis, I am not disputing what they sent me is enforceable. As far as my knowledge goes, all the prescribed terms are there and a court would enforce it. I think that is what they were hoping for, is that I would think that and now roll over and play their game. Wrong.

 

I am going to let this one rest until they take me to court. Then I can place them to strict proof and they will have to produce the original document in court. I am willing to bet that the original document (if it exists) will look nothing like the one sent to me.

 

I will then pose the question as to why the document was executed a year before I allegedly signed it among other issues I have with their process.


Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Yours is a tricky one isen't it? However not sure you are right about HMRC not being interested after all they are supposed to keep documents such as these - I think there is a link on fairy's post to something which I have only just used i.e. British Standards Institute Code of Practice on Information stored electronically - I am not suggesting you inform HMRC only that you can use this against them. Let me know by pm if you want a copy of the quote I used, it was provided to me by my excellent local Trading Standards, I can send it to you by email if you want, don't know whether there is a copy on site already but I have found it a tremendous help. You are quite right, let them prove it in court, I wouldn't go down the fraud avenue either, just that it is unenforceable due to the discrepancies mentioned. Off to my bed now - cheers!

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Tricky indeed. After a good night's sleep, I have calmed down and looked at the 'alleged' CCA again. There are a few other things amiss with it outside of the date.

 

All the boxes have black lines around them. The 'shaded' signature box only has a line at the top and left. That could be down to faxing, but as the other lines are quite clear, unlikely.

 

The other area is the 'Keeping you informed' box. It actually runs through the registered address for Tesco.

 

I would love to see the real, true document in court. Guess I am going to have to wait awhile for that to happen. I would if they would be stupid enough to issue summons with the CCA?


Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Hi Dinkjames, have posted up the information you wanted if you look at my thread - by the way I've got two now, she says all importantly, one in the legal successes and one in the legal issues, look at the latter. Sounds like you are putting a good case together, what about the default notice as well - any issues with that?

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Thanks, I spotted the information and have subcribed to read it after a good night's sleep.

 

The DN is flawed. They forgot to date the DN, so I don't know when they wrote it, could have been the day the account was opened. And I don't know when I got it other than from the date to rectify the breach.

 

But I seriously doubt it will go to court. I don't believe the CCA will stand up to scrutiny. Even the covering letter was a cut and paste job. The Tesco logo has been dropped onto a piece of paper with Triton's address.

 

I am expecting Triton to start chasing me again. I have never had a response from Tesco.


Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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