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basa48

Basa48 v Tesco

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These are the docs received via s.78 and SAR:

 

tescoagreementdeletions.jpg

tescopage1.jpg

tescotcs2.jpg

I have disputed and not paid for 3 months. Have one DN.

Edited by basa48
rem personal info

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You've left your personal details on, please remove them.


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What they have sent is unenforceable, the first document with your signature is an application which does not contain the prescribed terms. The second document although it does have the prescribed terms does not contain your signature, or indeed anywhere to sign anyway :rolleyes:


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You've left your personal details on, please remove them.

 

I'm trying to !!!!:eek:

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Can you scan & post the DN too?


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Can you scan & post the DN too?

 

Thi is driving me crazy...I've edited the pic to remove personal data and reuploaded. The image is correct now but everytime I post the link it puts the pic with my info up????

 

Got the right pic up at last (had to rename everything) :mad::rolleyes:

Edited by basa48

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Can you scan & post the DN too?

 

I'll have to do that tomorrow.

 

 

I have issued a claim through my local court against Tesco citing s.59 & s.61.

 

Car2403 doesn't like s.59 and now I feel decidedly unsure and will not use it if it goes to a hearing.

 

My main concern is that whilst I asked for a specified sum in return of default charges I also asked for DN removal (DPA s14) and damages (s13) at the discretion of the court.

 

The court issued the claim as a fixed amount claim. How do I get the additional damages and DN removal if I get judgment by default??

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The court issued the claim as a fixed amount claim. How do I get the additional damages and DN removal if I get judgment by default??

I can't answer that I'm afraid, have you tried the legal forum?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Thi is driving me crazy...I've edited the pic to remove personal data and reuploaded. The image is correct now but everytime I post the link it puts the pic with my info up????

Thats probably because it's in your 'page archive' on your 'puter.


Anthrax alert at debt collectors caused by box of doughnuts

 

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Thats probably because it's in your 'page archive' on your 'puter.

 

Yeh .. I had to rename the edited file (I had just saved it as the same file name). OK now. Cheers.

 

OK way past bed time, up for work at 06:00 am !!! :eek:

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Can I join this thread please ? I have just been terminated by Tesco. My minimum payment crossed in the post with their notice of termination following a default notice. There is no going back and the interest accumulates. I was pretty upset and said well if the interestwill just continue to be applied to my account I am not going to be in a hurry to pay any more money. The will eventually give it top a DCA> My question is - will interest continue to be applied if it goes to a debt collector, be it an in-house one or not ? My copy agreements are quite similar to Basa48's buit I do have a copy of a signed (by me) Credit Card Welcome letter - 3 pages -where on page 1 it states ' Thank you for using our website to submit your application etc' and on page 3. I hav, Incidentally page 2 contains the e signed the box which states 'this is a credit card agreement agrrement. Sign only if you want to be bound by its terms'.

Incidentally page 2 contains 'key financial informatiom, other financial information, interest rates and key information. - exactly the same as your posted one.

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Hopster if you start your own thread & if possible post up copies of both the agreement & the default notice we'll have a look for you + it won't confuse things advising two people on the same thread. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hopster if you start your own thread & if possible post up copies of both the agreement & the default notice we'll have a look for you + it won't confuse things advising two people on the same thread. ;)

 

Two problems here.

1. I have forgotten how to start a thread and 2. I don't know how to post up the copies. If it straightforward I should be able to do it.

 

I really think I need your help.

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Scroll to the bottom of General Debt Issues - The Consumer Forums & click 'New Thread' and a new window will open.

 

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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I can't answer that I'm afraid, have you tried the legal forum?

 

I'll try that. Incidentally Tesco have until tomorrow to acknowledge my claim.

 

I actually doubt they will, but you never know. I expect they'll wait for the default judgment then apply for a set aside, just to prolong the agony. :x

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Update:

 

Tesco did NOT acknowledge and my request for default judgment went in today.

 

This is the second creditor to not acknowledge !! Is this common practice? I assume they will apply for 'set aside' once the judgment is in.

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A lot of them think they're poker players, but fold at the last minute.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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A lot of them think they're poker players, but fold at the last minute.

 

I'm not sure how long you (they) have after a judgment before a set aside is no longer permissable.

 

PS: Just spotted your 'location' in your sig. panel......LOL :lol:

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Need some advice:

 

After the defendant (creditor) did not acknowledge my claim by the due date I returned the request for judgment shown below. I sent ONLY the bit edged in red (i.e. not the Notice of Issue at the top). I hope this is right.

tescoreqforjudgmentimg.jpg

The court advised me it wont be registered on the case files until the judgment is made in about two weeks.

 

In my claim I asked for return of default charges (specified), declaration of unenforceability, removal of DN and damages (unspecified) for the DN.

 

I assume the judge will set up a disposal hearing. But I also assume the defendant will apply for a set-aside. Can I challenge a set-aside?

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OK not Tesco as creditor, but I have another creditor against whom I have a default judgement. They didn't pay the claim and now some 8 weeks after the judgement have applied for a set-aside!

 

I have already written to the court with brief details of my opposition to the set aside. The hearing is due in around 3 weeks.

 

The court manager suggested I write in with my opposition about 2 weeks before the hearing, quote: "so there are no surprises". I have prepared a full witness statement of my case together with a bundle of evidential documents.

 

  • Do I just send it into the court (copies to CCC sols of course) or
  • do I have to make a formal N244 application (with fees) or
  • just wait for a response (if any) to my earlier statement or
  • just turn up at the hearing with my stuff?

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Well things have moved on since my last post.

 

Tesco actually coughed up my claim monies.8-) However their DCAs are still threatening court action for the full amount on the account.

 

(I stopped payments ages ago, they have issued a valid DN and TN).

 

Carters are the latest to put the account on hold whilst they referred back to Tesco for 'further instructions'.:violin:

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Anyone ever used 'estoppel by acquiescence' ??

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No. What is that ?

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Click the word estoppel


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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