Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


steve4550

claim form issues against me for loan

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3997 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hi. hope im in the right forum group for this and apogise if not, im a newbie.

 

been looking at other peoples posts (googled) and some very good people in here with some very good knowledge so was hoping to test my problem out!!

 

ive recieved a N1 CPC form against a loan i took out - paid some of it but because of problems with the payment set up, letters of complaints left right and centre and still no closer to being solved.

 

anyway, on one of these letters, a high department of the company sent me a letter which included the comment 'you applied on the internet, details you provided incuded bank details were used to create both the credit agreement and direct debt mandate, both sent to you for checking, signing and return. as you are aware, it has since transpired that the account details on both documents were incorrect, though unfortunatly, i have been unable to determine exactly why the discrrepancy occurred'

 

where do i stand with what has been written from what i beleieve is the highest department for complaints a while back?

 

cheers

Share this post


Link to post
Share on other sites

Hi and welcome.

 

anyway, on one of these letters, a high department of the company sent me a letter which included the comment 'you applied on the internet, details you provided incuded bank details were used to create both the credit agreement and direct debt mandate, both sent to you for checking, signing and return. as you are aware, it has since transpired that the account details on both documents were incorrect, though unfortunatly, i have been unable to determine exactly why the discrrepancy occurred'

 

 

Not well up on recent agreements as most of mine were older but it sounds like they may have a problem. Can you scan and post up an agreement copy, (with all personal info removed)?

 

David

Share this post


Link to post
Share on other sites

thanks David. i dont have a copy of the agreement to hand, i did have but misplaced it a while back but do remember that the copy agreement i had didnt have my signature, date on it.

 

i can write off for a copy but in the meantime, how should i complete the claim form to give me more time to allow the bank to send the copy agreemenet form without winding them up!

Share this post


Link to post
Share on other sites

Pictures by stevie23222 - Photobucket

 

hi, was trying to attach photos on to here but didnt work out well...this way seems easier to zoom and view - 4 photos - 1st 3 are of my copy agreement not signed divided into 3 parts to make it easier to view - 4th photo is part of the letter sent.

 

thanks

Share this post


Link to post
Share on other sites

hi, just checking the photos are in the correct format to be seen?

Share this post


Link to post
Share on other sites

Yep can read them.

 

1st is to acknowledge the claim - this will give you a breathing space to consider if you intend to defend.

 

The agreement seems to have (technically, regarding terms) what it should have.

 

When was it taken out?

 

What exactly is wrong with the information on the form?

 

David

Share this post


Link to post
Share on other sites

thanks David

 

when the agreement was set up, the bank account number details recorded on the agreement and the direct debit mandate was that of someone elses although the money was paid into my account - as much as i tried to resolve this, no matter what i did, the bank continued to mess up my credit history to the point of rock bottom.

Share this post


Link to post
Share on other sites

sorry, taken out later part of 07

Share this post


Link to post
Share on other sites
sorry, taken out later part of 07

 

I am not well up on recent agreements, (all of mine are much older.

 

However, I am not at all sure that having the wrong bank details would alone prevent enforcement.

 

Not sure on the dates, but The Consumer Credit Act also changed during that year effectively making enforcement of agreements easier.

 

As a POC has been issued, I would suggest you click the red triangle below your username and ask a moderator for help on this one.

 

David

 

David

Share this post


Link to post
Share on other sites

thanks david for your help so far...have clicked and forwarded on a message 2 the moderators.....

Share this post


Link to post
Share on other sites

Hi Steve - Responding to your Reported Post.

 

I'll see if the agreement doc't can be checked and an opinion given as regards it's enforceability.

 

Read here about possible use of CPR 31.14 if you need to get info from Claimant - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Can you confirm what appeared as their Particulars of Claim.

 

You'll need to acknowledge the claim. You can do this online and this will buy you time to decide if and how to defend.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

You have a timeline you need to stick to with regard to the Claim form.

 

When was the date of issue ?

 

There is an allowance of 5 days from date of issue to receipt (if issued out of NBCC).

 

You are then allowed 14 days from then to acknowledge service and if you are going to defend.

 

You are then allowed a further 14 days to put in either a fully particularised defence if you have all the information you require in order do defend or a holding/embarrassed defence if you dont.

 

As steven has asked above, please let us know what is stated on the POC in order to assist further.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Have moved your thread to legal issues as a claim has been issued.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

thanks

 

the POC of the form states

 

The claimants claim is in repsect of monies due pursuant to an account maintained with the claimant.

 

and the claimant claims:

 

1. 5,533.23

Share this post


Link to post
Share on other sites

Did the claim come from Incasso LLP by any chance. This is the 2nd set of POC's I've seen today - they're shambolic.

 

Please read this thread which will give you a good guide if you want to defend - http://www.consumeractiongroup.co.uk/forum/legal-issues/211363-incasso-llp-natwest-taking.html#post2317521

 

However, apart from the court claim itself being so poor, can I ask on what basis you would defend the claim.

 

I gather there was a problem collecting payments initially due to a mix up of accounts or something.

 

Can you negotiate getting the loan repayments back on track using the "higher department" contacts which you've already established.

 

This may be better than getting a CCJ against you for the full loan amount. Although the POC's would surely fail in their present form, one must assume they'll enter a proper POC to get the claim back on track.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

cheers

 

Basically ive been dyeing for my day in court, kind of to have my say, although i dont really know the court system and whether they listen/care!

 

what happened - 2007, i applied online for a tesco loan. was approved (credit rating was excellent, never missed payments). paperwork sent out, i signed dd mandate, returned - in the meantime money was deposited into my account.

 

money was available in my account for direct debits - set it up so payments came from a second account i had, put £500 in this account so couple of months could come out, then transfer another £500 etc etc. the account the dd was set up was not my main account so didnt use it for realy for anything, no telephone banking, internet banking so didnt check the balance but knew enough was in it for payments.

 

anyway, 2 months later i get a letter saying problems with my loan payments - in the meantime, had applied for a loan to cover my credit cards, save making minium payments (hence credit rating, taking years to pay off min but paying nevertheless) but was refused a loan.

 

phoned tesco, advised that i would have to make a payment as there had been an error with my dd details - over the phone, made a payment and gave my bank details again (as i had with loan app plus approval else money would not have gone into my account) and was told this would be fine.

 

phoned the next month to check it was fine, yes sir, money has come out - good, sorted....nope! another letter, payment not recieved!!! why not, phoned, told same thing happening - i advised this wasnt fair, im too busy to phone make manual payments, hence me doing what i thought was the best way for me and the way the banks wanted, direct debit.

 

anyway, this went on for nearly 9 months, the reason after many phone calls, many emails inc ones to cheif executive of tescos office and replies. was told sorry sir, be sorted. in the meantime, my credit had been affected, reason for decline in loan, i was showing missed payments!!!!

 

9 months down the line, it seemed the money was finally coming out of my account, checked my balance statement, showed money out on date of dd. good, sorted!....nope! did double check and phone tesco, yes sir, money is coming out. days later, letter sent out...dear sir, no payment was recieved!!! what the!!!!! how, why, what is happening!??? further phone calls...in the meantime, tesco had shot my credit to pieces so psycologically, credits knackered, why bother phoning making manual payments...seriously though do not have the time...one of those jobs where lunch is a bonus!! get home...tired...

 

more complaint letters....sent a good load of documents in...spoke to gy dealing with complaint ...no sir, no documents, just a letter...what?????? anyway, after that, i gave up....let my credit go to pieces elsewhere...recked me from being someone who cared about credit to realising id been screwed by tesco over 2 errors with collection of money that was never my fault!

 

and that where i stand. i have got an envelope full of docs and copy letters to send off to the financial ombudsmand but suppoosed scared they wouldnt listen. thought if maybe it got to court, id finally get some sort of say, be able to air my anger and frustation but suppose im doing that here and apologise for this......

Share this post


Link to post
Share on other sites

meant to say, the 2nd problem was that money showed to come out of my account but then returned to my account the same/next day and this is where it continued to stand no matter how much i pleaded for it to be fixed, even to the point of requesting the loan be reset up again!!!!!

Share this post


Link to post
Share on other sites

i have acknowledged on the basis that i do know that the amount claimed is the true reflection of what is owed, monies payed to them as no supporting documentation was provided.

Share this post


Link to post
Share on other sites
thanks

 

the POC of the form states

 

The claimants claim is in repsect of monies due pursuant to an account maintained with the claimant.

 

and the claimant claims:

 

1. 5,533.23

 

:eek: That's a POC ???.

 

I would think that an online agreement made in 2007 would be enforceable.

 

However, it seems to me that a lot of this is due the administrative c*ck up by Tesco. So I can see why you would want your day in court.

 

Have the OC and solicitor followed protocol.. ie Default Notice, Termination, Letter before Action ?

 

I would say.. if you really, really want to go to court you could admit that you entered into an agreement with the company and that you had made attempts to pay this back. However, due to administrative errors made by the company you were prevented from doing this.

 

You have made many attempts to resolve this amicably, but the company appear to want to bring this to court. I dont know how you would put this in a defence though.

 

Alternatively, you could use the following short / embarrassed defence to give yourself some time.

 

 

DEFENCE

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Send the following to the solicitor

 

' Herewith copy defence by way of service, the same having been filed with the court.

Please serve amended particulars of claim and plead your client's case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

HTH


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hi Steve and thanks for the explanation.

 

I don't think court is the right way of you getting justice on this occassion. A judge will only be interested in whether you owe the money or not. In this case you DO owe it, so case over and a CCJ against you.

 

You'd then owe the full amount in one go but, if you pay within 30 days, you avoid having the CCJ registered against you.

 

I'd recommend that you contact Tesco, bring the monthly payments up to date and try to resolve the monthly payment cockups situation. If Tesco won't co-operate, tell them you'll expose their blunders not only to the FOS but to the press and anyone else useful to you.

 

If your credit rating has been wrecked because of this, there may be a means of your getting justice for this, but as a separate case. Let me get some advice from the Site Team and I'll come back.

 

You may also find this of interest as it addresses damage to reputation - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post1837307

 

In the meantime, try and resolve the loan payments with Tesco's HO - that's almost certainly your best bet.

Edited by slick132
Link added

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

would the judge help me sort out the many problems ive had in relation to the account - i have paperwork after paperwork - i only gave up when i realised id hit a brick wall that no matter what i did right, the direct debt set up wouldnt work.....i cant physically pay manually for things each months, its too impossible....imagine it, tv license, council tax, sky, car insuarance, credit cards (all of them) ... you get the drift....! imagine having to remember each month and somehow getting the time to phone, hang round waiting for the answer, bore yourslef silly with the security questions, repeat the card number ten times.....thats why i did the right thing, direct debt (seems its what most credit companies want/insist on) and it seems so unfair ...in one letter, i plead in capital letters to TAKE THE DAMN MONEY!!!!

Share this post


Link to post
Share on other sites
Hi Steve and thanks for the explanation.

 

I don't think court is the right way of you getting justice on this occassion. A judge will only be interested in whether you owe the money or not. In this case you DO owe it, so case over and a CCJ against you.

 

You'd then owe the full amount in one go but, if you pay within 30 days, you avoid having the CCJ registered against you.

 

I'd recommend that you contact Tesco, bring the monthly payments up to date and try to resolve the monthly payment cockups situation. If Tesco won't co-operate, tell them you'll expose their blunders not only to the FOS but to the press and anyone else useful to you.

 

If your credit rating has been wrecked because of this, there may be a means of your getting justice for this, but as a separate case. Let me get some advice from the Site Team and I'll come back.

 

You may also find this of interest as it addresses damage to reputation - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post1837307

 

In the meantime, try and resolve the loan payments with Tesco's HO - that's almost certainly your best bet.

 

IMHO, Slick's advice is the best way to go, steve .

 

would the judge help me sort out the many problems ive had in relation to the account - i have paperwork after paperwork - i only gave up when i realised id hit a brick wall that no matter what i did right, the direct debt set up wouldnt work.....i cant physically pay manually for things each months, its too impossible....imagine it, tv license, council tax, sky, car insuarance, credit cards (all of them) ... you get the drift....! imagine having to remember each month and somehow getting the time to phone, hang round waiting for the answer, bore yourslef silly with the security questions, repeat the card number ten times.....thats why i did the right thing, direct debt (seems its what most credit companies want/insist on) and it seems so unfair ...in one letter, i plead in capital letters to TAKE THE DAMN MONEY!!!!

 

I very much doubt the judge would do this. :(


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hi Steve,

 

I completely understand what you say but I doubt a judge will be able to help in the way you want. The risk of a judgement against you is high. If you can afford to clear the whole debt in one go, then you could risk having your day in court and pay the arrears off to avoid the CCJ being registered.

 

Before the judge will be a case where you have to admit that the loan is in arrears. Of course you can explain how it all came about. But the counsel for Tesco will only be looking for a CCJ and will try and say anything else is irrelevant.

 

While you are right about how it all went wrong because of Tesco's errors, a judge may feel that there's no excuse for you not to be paying the loan 2 years down the line.

 

It really depends on 3 things:-

 

1. How the judge views the case and whether (s)he acknowledges the errors were initially caused by Tesco.

 

2. Can you afford to pay the whole amount off.

 

3. If not, are you willing to have a CCJ on your credit record.

 

 

I reckon you should start negotiating with Tesco as I said before. Get the best result you can and seek compensation for the catalogue of errors on their part.

 

Report the matter to the FOS if Tesco will not sort it promptly.

 

Also, tell the Tesco "higher departments" that you'll complain to the FOS and the press to warn others not to trust Tesco with their finances.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...