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Incasso/Tesco Personal Finance/RBS

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Thought I would share my strange case...Have a £25k personal loan (taken out in 07) which is joint with estranged ex (he has not been in family home for 7 monts). The loan is with Tesco (RBS). I heard nothing for a while and then began getting letters off Trition. Seperate letters arrived for me and the ex (ex's letters were returned to sender - I told them he had gone on several occasions). I made a complaint to Tesco re. Triton (i.e. failing to follow OFTs debt collection guidance) and also requested CCA (still waiting).

 

I letter also arrived for my ex from 'Incasso'. Basically said acting on behalf of Tesco (no account details) claiming 26k. Again returned to sender. This morning it appears Incasso have began County Court Action - again in ex's name only (claim from Northampton came this morning). This is all kind of bizarre as it is a joint account and there appears to have been no real pre-action protocol. Are Incasso merely trying it on to see if they can get anything from him as I have made it clear I have nothing and pursuit of me will lead only to bankruptcy?

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Thought I would share my strange case...Have a £25k personal loan (taken out in 07) which is joint with estranged ex (he has not been in family home for 7 monts). The loan is with Tesco (RBS). I heard nothing for a while and then began getting letters off Trition. Seperate letters arrived for me and the ex (ex's letters were returned to sender - I told them he had gone on several occasions). I made a complaint to Tesco re. Triton (i.e. failing to follow OFTs debt collection guidance) and also requested CCA (still waiting).

 

I letter also arrived for my ex from 'Incasso'. Basically said acting on behalf of Tesco (no account details) claiming 26k. Again returned to sender. This morning it appears Incasso have began County Court Action - again in ex's name only (claim from Northampton came this morning). This is all kind of bizarre as it is a joint account and there appears to have been no real pre-action protocol. Are Incasso merely trying it on to see if they can get anything from him as I have made it clear I have nothing and pursuit of me will lead only to bankruptcy?

 

Hi...........surely your ex's business is his problem.....so why concern yourself........."it's time to pull up the ladder jack"..........so long as you are not being toubled that is what matters.............8-)krj8

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If you are sure that the Summons is only for your ex, it needs to be "returned to sender" along with everything else. I'm assuming you haven't opened it...

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Yes, I have opened as I open all his post! No not my business, just concerned one will be landing for me!!

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Yes, I have opened as I open all his post! No not my business, just concerned one will be landing for me!!

 

Then re-seal it... mark it "return to sender.... not at this address"... and drop it in the nearest post box.

 

I suspect that the reason you haven't received one is because you made a CCA request.... and/or, they think they have more chance of recovering money from your ex.

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I had personally received correspondence from 'Triton' but sent off CCA request and complaint that they were failing to follow OFT guidelines. Had a letter from tesco which was a bit garbled but muttered something about 'not having a mandate for my signature' - possibly meaning they can't find signed CCA?? I have told Tesco at least a dozen times (in writing) 'he is not here anymore'. I think you have confirmed my suspicions - as it is such a large debt and they are getting nowhere with me at the moment they are trying him.

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I had personally received correspondence from 'Triton' but sent off CCA request and complaint that they were failing to follow OFT guidelines. Had a letter from tesco which was a bit garbled but muttered something about 'not having a mandate for my signature' - possibly meaning they can't find signed CCA?? I have told Tesco at least a dozen times (in writing) 'he is not here anymore'. I think you have confirmed my suspicions - as it is such a large debt and they are getting nowhere with me at the moment they are trying him.

 

They will try and locate the person most likely to cough up, basically.... and may presume that there's some kind of contact through yourself because of access rights to children and so on.

 

Do not send any kind of signature to Tesco or anyone else, by the way. If they had an Agreement, I'm pretty sure you would have got it by now.

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I had personally received correspondence from 'Triton' but sent off CCA request and complaint that they were failing to follow OFT guidelines. Had a letter from tesco which was a bit garbled but muttered something about 'not having a mandate for my signature' - possibly meaning they can't find signed CCA?? I have told Tesco at least a dozen times (in writing) 'he is not here anymore'. I think you have confirmed my suspicions - as it is such a large debt and they are getting nowhere with me at the moment they are trying him.

 

isnt there a cca limit of 25000?

 

if so if it is for 25,001 it may not be regulated

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isnt there a cca limit of 25000?

 

if so if it is for 25,001 it may not be regulated

 

 

They may well have an alleged balance of around £26K, but the charges applied by Triton/Incasso are not part of the loan and can be challenged if/when they respond to the CCA request.

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They may well have an alleged balance of around £26K, but the charges applied by Triton/Incasso are not part of the loan and can be challenged if/when they respond to the CCA request.

 

understood but the poster said they took out a loan for 25,000

 

lenders usually make it 25,001 to take it outside the limits

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understood but the poster said they took out a loan for 25,000

 

lenders usually make it 25,001 to take it outside the limits

 

... which makes it all the more important to check the signed paperwork... if they can find it; which so far they haven't :)

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... which makes it all the more important to check the signed paperwork... if they can find it; which so far they haven't :)

 

yep that was my point to them (not made very clear- but it was late!)

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Just a note original loan was for 25k and was covered by the legislation. Indeed the settlement figure was only 22k.

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