Tesco just 1 of 14 Credit Cards Help

[steve2577]

I know everyone has major issues here but I am sinking fast. I have 14 CC agreements totalling £60K no job no money and this is a very big problem for me to resolve.

 

I aready have a thread concerning Amex but now Tesco has popped up today.

 

I asked for information (but didn't quote CCA 1974) and received this reply.

 

 

I have posted a Formal Request as follows

 

NOTICE OF FORMAL REQUEST

 

REF: xxxxxxxxxxxxxxxxx

 

Dear Sir/Madam

 

Re Agreement: xxxxxxxxxxxxxxxxxxxxxxxxx

 

On the 29th Oct 2009 I sent a letter requesting information regarding the above agreement.

 

Your reply to my request dated 4th Nov 2009 was totally unsatisfactory in that you failed to supply me with any of the information I asked for therefore. I am now making a formal request pursuant to sections 77/78 of the CCCA 1974.

 

I require you to provide me with a true copy of any agreement you deem to be mine together with any other documentation the Consumer Credit Act 1974 requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove any incorrect entries from your systems.

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note these funds are not to be used for any other purpose.

 

As you did not comply with my initial request for information dated 29th Oct 2009 I now consider this matter to be in DISPUTE and you should be aware that a creditor is not permitted to take ANY action whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the agreement, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the agreement.

* may not pass the agreement to a third party.

* may not register any information in respect of the agreement with any credit reference agency.

* may not issue a default notice related to the agreement.

 

 

 

I have now received a default notice details of which are

 

 

 

 

 

With 13 other issues ongoing even though at the early stage I just wish it wasnt so many. I can see the problems and stress associated with dealing with one CC Company but I dont know what I am doing and have 14.

 

Any help, advice, encouragement is very welcome

 

 

Steve:confused:

Edited November 24, 2009 by steve2577

[dx100uk]

well they appear to be saying they hold no CCA.

so, you could stop payments, now this doesn't make the debt go away, but will certainly give you time o get your act sorted

as for the default sum, thats correct.

 

now on ALL fronts, you must have heeps of unlawful charges on all your cards & p'haps mis-sold PPI?

 

you can reclaim the lot + 8% interest!!

 

dx

[steve2577]

Without pre-empting anything can anyone tell me the worst case scenario if I can taken to the cleaners by 14 CC companies.

 

What can they do?

 

 

 

 

 

 

Regards

[dx100uk]

well certainly get out of your head bailiffs and things like that.

thats a VERY VERY long way off. if at all.

 

get reclaiming and then offer a small token payment to each.

 

might be an idea to fire off cca's to everyone too.

 

dx

[steve2577]

I have today posted 9 CCA requests along the lines of

 

NOTICE OF FORMAL REQUEST

 

 

Dear Sir/Madam

 

 

Re Agreement: xxxxxxxxxxxxxxxx

 

On the 29th October 2009 I sent a letter requesting information regarding the above agreement.

 

You failed to supply me with any of the information I asked for therefore. I am now making a formal request pursuant to sections 77/78 of the CCCA 1974.

 

I require you to provide me with a true copy of any agreement you deem to be mine together with any other documentation the Consumer Credit Act 1974 requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove any incorrect entries from your systems.

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note these funds are not to be used for any other purpose.

 

As you did not comply with my initial request for information dated 29th Oct 2009 I now consider this matter to be in DISPUTE and you should be aware that a creditor is not permitted to take ANY action whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the agreement, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the agreement.

* may not pass the details of the agreement to a third party.

* may not register any information in respect of the agreement with any credit reference agency.

* may not issue a default notice related to the agreement.

 

 

 

To provide some background info last year the total debt was £197k I got a decent job in London and re-mortgaged to the hilt released about £100k spent £10k on the house and paid the credit cards about £90k. Then shortly after got made redundant.

 

I decided I wasn't playing anymore when Capital One informed me that the interest rate was now going to be 38%.

 

Basically I must have some hidden desire to kill myself with stress when I saw a doctor for the first time in 12 years he said my blood pressure was the highest he had ever seen something like 210/150 I didn't feel any different but it obviously gets to you one way or another.

 

Right now I sort of think a spell in prison would be quite relaxing but I have a partner and daughter who rely on me and I am beginning to hate the CC companies so much that I want to put up a real good fight.

 

My debts really are down to greed, living beyond my means and shear stupidity I dont mind admitting this and in a way dont expect any sympathy but I have been treated quite badly by some of these companies over the last 10 years and basically worked very hard to just keep afloat and pay them there slice of flesh.

 

Right now I think I am on the internet 20 hours each day looking for a solution. This site seems to have the support and information that might help.

 

I am thinking nobody can have the amount of problems I have but I am sure there are plenty.

 

 

 

Regards Steve

[citizenB]

That's rather clever of Tescos.. They cant find the CCA yet they have managed to issue notices of defaults ?

[steve2577]

I keep flicking from one thread to another and I must admit getting a bit confused.

 

With reference to Default Sum Notice as I received from Tesco can any body give me a quick breakdown of what I can expect ove the next few months. Sorry to be a bit slow but I haven't got a clue what is coming round the corner with these.

 

 

 

Steve

 

[steve2577]

That's rather clever of Tescos.. They cant find the CCA yet they have managed to issue notices of defaults ?

 

I cant work out from my Default Notice if they have adhered to the regulations.

 

Does anybody have any information on the above Default Notices received by Tesco in particular ref this article from The Consumer Credit Act 1974

 

 

Now let’s say you receive a default notice dated the first day of the month and you receive it on the second day of the month. The minimum date that they can insist on any action by you depends on how they sent the default. If it was sent recorded delivery then it’s 14 days from the date it was signed for. If it was sent 1st class post then it’s 16 days from the date on the default notice – 2 days are required to allow for delivery. Now some creditors play it safe and give you plenty of time whilst others get it wrong. I had one sent to me that gave me a date of exactly 14 days from the date of the default – they haven’t allowed enough time for the default to be remedied and therefore they haven’t complied with regulations. Why companies as big as this cannot follow simple procedures beggars belief but it happens time after time.

 

Why is it important that the default notice is administered correctly? Because just like the agreement itself, it is regulated under the consumer credit act and if it isn’t issued in accordance with the regulations that govern the act then it isn’t deemed as being issued – so it’s worthless. Furthermore, if a creditor issues you with an incorrect default notice and then closes the account they will not be able to reissue a default notice in the correct manner. Why? Because a creditor cannot default an account that has already been terminated because there is no account to default.

 

 

 

Regards

[dx100uk]

this is a default SUM notice not a default notice

rules those dont apply?

 

edit: huh? try: those rules don't apply.

 

dx

Edited November 24, 2009 by dx100uk

[steve2577]

this is a default SUM notice not a default notice

rules those dont apply?

 

dx

 

 

 

Sorry didn't know the difference dont suppose you can enlighten me or show me a thread where I could read up on it.

 

I actually thought for a few minutes I had finally understood one thing and then somebody comes along and tells you otherwise, thanks for doing this I am not moaning.

 

So a Default Sum Notice is just a notice that I have incurred another fee?

 

 

 

 

Steve:confused:

Edited November 24, 2009 by steve2577

[MandM]

Hi Steve,

 

We've all started somewhere.

 

First thing is REALLY don't panic. will post up some good links for you.

 

We are about similar in value and number of debtors. Dealt with it ourselves from Feb and then joined here August after reading threads on and off for a few months.

 

Be ready for an absolute barrage of phone calls. You'll get used to them and in time you'll put a stop to most of them.

 

Will go and do a bit of hunting and will be back

 

M

[MandM]

Here's a couple of good ones to start you off with and make interesting reading. Gives some good pointers on what to look for on DNs (and no doubt you'll have a few to look at soon

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

 

Have you done an I & E sheet yet?

 

Do you bank with any of the card people i.e. do you have Barclaycard and bank also with Barclays?

 

Also, it's best to start a new thread for each card/debt.

 

Are they all cards or do you have issues with any loans?

 

M

Edited November 24, 2009 by MandM
typo

[MandM]

We are at early days on most of ours and still got more to post up. Have a look at some of them and pay particular attention to some of the advice given.

I tend to take a peek at who's advising me - Site Team are the guru's but there are lots of people on here that have lived through where you're at now and are in a much better position than when they started. You can read their threads and get a good idea of where they're coming from.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/234058-mandm-tesco-credit-card.html

http://www.consumeractiongroup.co.uk/forum/mbna/226658-mandm-mbna-virgin-money.html

http://www.consumeractiongroup.co.uk/forum/legal-issues/224300-mandm-egg-loan.html

http://www.consumeractiongroup.co.uk/forum/egg/224635-mandm-egg-card.html

 

So a Default Sum Notice is just a notice that I have incurred another fee?

YES, that's all it is, they're obliged to send them to you.

 

Good luck,

 

MandM

[PGH7447]

you asked where to start, you already have

 

some pointers on keeping a grip of it all

 

start a new thread for each debt

 

get a nice big fat folder for each debt

 

send out cca's to all, which you have done

 

if you can afford it send ot a sar for each and request all statements etc

 

work out what charges if any have been applied and start to reclaim them back

 

see if ppi was taken out on each debt and reclaim it back

 

and that is about it for now, when or if they sell the debts onto the dca's then the fun begins, if you can get a phonecall recorder - see link at the top of the page - if they call then record, failing that everything from now on in written communication.

 

good luck

[steve2577]

All Credit Cards no loans

 

Got enough cash to fund the mortgage interest payments for about 10 months.

 

Dont have any income at all really but trying to do some part-time stuff for a few companies selling IT solutions to date no success.

 

I have just cashed in a pension and using this to live on I am 50 years old.

 

I have only been checking the threads for a few days now but read a lot.

 

I am almost of the opinion to go down the CPR 3.16 route with all 14 in one go might as well test my capacity for stress in one go so to speak.

 

Got a device for the phone that filters every call dont want to advertise it but I will respond to any PM.

 

Slowly getting used to the jargon

 

When you say work out all the charges bearing in mind I have 14 issues isnt that an almost impossible task, most of my debt was built up doing balance transfer where I might transfer say £20k to mbna get a 5% fee and then a low interest rate for 6 months.

 

When I couldn't really do anymore balance transfers the interest rate on everything started to rise eg Capital One kindly wrote to me informing me that the interest rate was going up from 34% to 38% it was this that actually broke the camels back so to speak.

 

I havent worked it out but I would imagine over the year 90% of what I owe now is either interest or charges for transferring.

 

One last thing very very reassuring the responses that come in dont know any of you guys but wish I did.

 

 

Thanks for replying

Edited November 24, 2009 by steve2577

[MandM]

No probs Steve. will look at your threads as they pop up and chip in where I can. Best of luck mate,

M

[PGH7447]

I would save the cpr 31.6 for when the dca's appear on the scene, at present you are still dealing with the OC's

 

if you want you could try writing to each one and asking for reduced payments and the interest to be frozen due to unexpected change in circumstances

[PGH7447]

I tend to take a peek at who's advising me - Site Team are the guru's but there are lots of people on here that have lived through where you're at now and are in a much better position than when they started. You can read their threads and get a good idea of where they're coming from.

 

MandM

 

So you spy on us, shame on you:)

[MandM]

Do you bank with any of the card people i.e. do you have Barclaycard and bank also with Barclays?

Very important!!! Barclays caught me with this one!

 

So you spy on us, shame on you:-)

He he. Especially you PGH

 

 

M

[PGH7447]

and remember some banks use a variety of disguises, ie santander now do shabbey; and A&L

[steve2577]

Very important!!! Barclays caught me with this one!

 

He he. Especially you PGH

 

 

M

 

 

No when I got my pension payment I used 1/3 of it to pay off my overdrat so right now the bank is about zero.

 

I used the other 1/3 to give my kids something which was long long overdue

 

I have the other third in another bank (not related to any of the CC cards) but might consider taking this out especially if you guys advise me to do this

 

The total amount was only about £24K would of been higher if the value of the fund hadn't collapsed during the last couple of years. I saved for 25 years and the total pot added up to around 50% of hat I actually paid in over those years (but this is another hard luck story) so dont want to bore everyone with this should of known better.

 

So got enough to live, Got a bit of fire to fight, just need a bit of help to see it through.

 

 

Steve

[MandM]

No when I got my pension payment I used 1/3 of it to pay off my overdrat so right now the bank is about zero.

 

I used the other 1/3 to give my kids something which was long long overdue

 

I have the other third in another bank (not related to any of the CC cards) but might consider taking this out especially if you guys advise me to do this

 

The total amount was only about £24K would of been higher if the value of the fund hadn't collapsed during the last couple of years. I saved for 25 years and the total pot added up to around 50% of hat I actually paid in over those years (but this is another hard luck story) so dont want to bore everyone with this should of known better.

 

So got enough to live, Got a bit of fire to fight, just need a bit of help to see it through.

 

 

Steve

 

You're safe then . Some of the banks use off-setting to pay the card arrears. We got caught by Barclays. Barclaycard sent a pre dated letter saying 'we have the right to steal from your current account so we may do it' or words to that effect. When I checked our account they'd taken all of the arrears out 2 days before!! Nice people. You can bank on them for new ideas - I think that's their motto

 

M

[dx100uk]

Sorry didn't know the difference dont suppose you can enlighten me or show me a thread where I could read up on it.

 

I actually thought for a few minutes I had finally understood one thing and then somebody comes along and tells you otherwise, thanks for doing this I am not moaning.

 

So a Default Sum Notice is just a notice that I have incurred another fee?

 

 

 

 

Steve:confused:

 

yep you got it

they dont HAVE to write to you at all that they are going to 'charge' you a fee, its just their way of justifying unlawful charges.

 

lets put it this way as PGH says:

 

reclaim all the unlawful fees off all your cards [+ the int they incurred]

 

i bet as with most people, if you couple that with PPI mis-selling your bal will be gone!

 

dx

[steve2577]

I am going to open another 6 threads but not just yet.

 

One nagging thing for me I used the Tesco Card a lot but tried to always pay it off each month so I suspect for this one there wont be a lot of interest etc.

 

But my other cards I did a lot of Balance Transfer every 6 months or so and each time I had a big fee to pay at first 1% then 2% 3% 4% 5% so in the end I was paying £1,000 to transfer £20k then after a few months I did it again and again.

 

Just out of interest I suppose these fees were legal and above board? I know its a long shot but thought I would ask.

 

 

Steve:(

[MandM]

Just out of interest I suppose these fees were legal and above board? I know its a long shot but thought I would ask.

 

 

Steve:(

Not sure how that works. Pretty sure someone will advise in due course. But reminds me of one further point to remember. Every now and then it's well worth reading back on your own threads. Particularly if you have multiple threads on the go

 

If you don't get the answer you need to a question, post it up again or seek it out on similar threads. If you're unsure then put up what you've found. I've been given advice before I understand the value of it and only by re-capping have I then spotted it again and realised I had the answers there already.

 

But there again, i'm not the brightest button in the box

 

M