@rbs_mediateam RBS/Tesco loan debt

[gem-100]

IMG.pdf Hi Guys, here is the Tesco CCA:

 

Not sure how this works, so if not successful at this attempt, will try again, hope I have done this correctly?.

[harrassed senior]

It works.

 

I am not too sure though of whether this is complete in all respects so would leave an opinion to others.

[gem-100]

Hi HS, thanks for your reply, this is a new thread opened to deal with each of my credit card problems in turn as advised to do so on here, I am waiting now to see if the CCA is ok and enforceable.

[silverfox1961]

Hold fire for more opinions.

My view. The prescribed terms are there.

 

One question though, was this loan taken out instore or by post?

[gem-100]

Hi Silverfox, thankyou for your reply, it was taken out by post.

[silverfox1961]

This may need to be confirmed by others so don't hold out any hopes-yet.

 

If that is all they sent you, I cannot see any cancellation rights. As it says the loan is covered by the CCA 1974, I was under the impression that there had to be those rights within the document.

[gem-100]

Hi Silverfox, ok thanks, will wait and see if the others respond, will be interesting to see what they say, thanks again!.

[lord_tiger_putin]

It needs the RIGHT TO CANCEL

The early termination are not spelled out and needs an example

No warning about missing payments

Penalty charges are not spelled out but is there, maybe nitpicking

A statement explaining how and when interest charges are calculated and applied under the agreement are missing

Maybe nitpicking but need the DATES on which each repayment is to be made is needed, a bit vague in the agreement

 

The headings are incorrect, it needs the following headings:

"Key Information"

"Key Financial Information"

[gem-100]

Hi Lord-Tiger-Putin, thanks for your reply, I will have to see if there is enough reason for me to question it then, as at the moment there is nothing clear cut, it really needs an expert in the field of the cca to look at it in more detail and then let me know either way if I can challenge it or not, your points are interesting but am not sure how things stand regarding it being enforceable or not on these points alone.

[lord_tiger_putin]

Hi Lord-Tiger-Putin, thanks for your reply, I will have to see if there is enough reason for me to question it then, as at the moment there is nothing clear cut, it really needs an expert in the field of the cca to look at it in more detail and then let me know either way if I can challenge it or not, your points are interesting but am not sure how things stand regarding it being enforceable or not on these points alone.

 

It is "small" points and could be discarded but they could add up though! Unfortunately these things should be clear cut, but they aren’t' always!

[gem-100]

Hi LTP, yes correct, it would make life much easier if it was clear cut, there is no way that I would want to challenge it without being fully informed and sure that I was correct in doing so as it would only fail if I was wrong anyway, but this site is great for pointing people in the right direction so here's hoping

[silverfox1961]

Found this earlier. May be useful to you (or not )

 

http://whatconsumer.co.uk/consumer-credit-act-required-information/

[gem-100]

Hi Silverfox, thanks for that, the agreement I signed with Tesco was taken out in 2004, so is pre this info, if the cancellation period applies to pre 2005, then I dont think this was in the agreement sent to me by Tesco's as someone else pointed out yesterday, but I would need to know if this renders it unenforceable.

[gem-100]

Please could someone let me know if this agreement is enforceable or not?, this was taken out in 2004, and was for 25k, the loan has been agreed under the Consumer Credit Act 1974 as per the attached, so even though border line amount it was done under the act, this is not a secured loan (yet), any information would be greatly appreciated.IMG.pdf

[hatesdebt]

I would have said yes - although I don't see any "right to cancell"

[gem-100]

Thanks for the reply, I really need to know an answer on this, it was an agreement signed at home and as far as I can remember I did not get a right to cancel notice as the money was in my account within 24 hours of me signing the agreement, I would really appreciate that only those that know for sure yes or no, respond as I have already posted this on here before and still have no clear answer on it, even though I really appreciate the help received on here it gets me nowhere if those that answer are not sure themselves, manythanks.

Edited October 24, 2010 by gem-100

[rhos123]

Thanks for the reply, I really need to know an answer on this, it was an agreement signed at home and as far as I can remember I did not get a right to cancel notice as the money was in my account within 24 hours of me signing the agreement, I would really appreciate that only those that know for sure yes or no, respond as I have already posted this on here before and still have no clear answer on it, even though I really appreciate the help received on here it gets me nowhere if those that answer are not sure themselves, manythanks.

hi was this an internet application?

[gem-100]

Hi, yes it was an internet application.

[hatesdebt]

Gem,

 

Apologies if my answer was not definitive enough for you!

 

The agreement looks enforceable - BUT I'm fairly sure that it must contain cancellation rights, which I did not notice. That could possibly make it unenforceable.

 

Perhaps someone else could enlighten us on this?

[Guest Cartaphilus]

Found this, if it's of any use from the OFT site:

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/agreements/

 

And a lot more here including cancellation rights:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?162851

 

Apologies, as I haven't read through them in depth, just looked for anything valid/useful re 'prescribed terms' and cancellation rights.

Edited October 24, 2010 by Cartaphilus

[hatesdebt]

Thanks,

 

Seems to me that the lack of cancellation rights could make this unenforceable!

Anyone else?

[gem-100]

I hope someone can help me with this, a brief about my situation, I lost my job a year ago this week after 23 years with same company as they had to close some of the UK offices, I thought I would not have a problem getting a new position, how wrong was I, I in the end signed on in Feb this year and struggled on on 64.00 per week job seekers, down from take home pay of 550.00 per week, I have applied for around 700 jobs and in the end used up all my savings, redundancy on trying to keep the roof over my head, found my self in debt and have tried to sort things out, have written to all lenders and explained situation and offered 5.00 a week to each of them (6 altogether) not good enough, they phone me around 20 times a day, I now have truecall so they hang up and dont leave a message, they try my mobile, I now turn it off at weekends as they phone through to Sunday night at 9.00, I do not see how talking to these people is going to change the fact that I can only afford 5.00 a week, I have asked for everything in writing and have refused to take calls if answered in error, I have had to keep my phone open incase any jobs come through. I have taken the step as advised on here of seeking out the true agreements, had one back so far but no one on here has been able to give me a clear yes or no answer as to if it is enforceable or not, I understand that there is information on here and have been sent links etc but if I was able to see for my self then I would not be asking for help on here, the route to the answer is complex it seems, I have considered a solicitor, but they want a large percentage to persue this, so I am still stuck, now things will get steadily worse for me as I have been fortunate enough to secure a temp position offering me a small wage for which I am grateful, I now can cover my mortgage and my council tax but that is about all, I cannot cover my gas and electric let alone any payments to these people, I will now start selling some of my things to try and ensure that I can keep paying even a small amount each month to them all.

Now my current problem is that I maybe could negotiate a settlement figure if I cash in some of my pension plan, I have had to stop paying into it as I can no longer afford it now, but it may mean they will leave me alone (am crying here) but how do I start with this idea if the advice on here is not to enter into a conversation with them?, I persume I have caused a problem for myself in avoiding speaking to them over the last three months, I say the job will be a problem as I am now earning and I dont think they will be patient with me, they have ignored the fact I am on jobseekers and have not cancelled any of the interest and keep charging me default fees as I cannot pay the full amount owed each month and now Tesco have sent me a letter as attached, I know after being on here that the personal visits cant take place without my permission, they are saying they could reposses my house, it really makes me feel like giving up, I have worked all my life, and it seems it will all be for nothing, the only understanding I have had is with my mortgage lender, I keep in touch with them every month and they have been very understanding. The other lenders demand information from me that I will not give them as they want to know who else I owe money to, and as Tesco are now suggesting bankruptcy is one of my options it is now getting more difficult for me to deal with this, any advice would be really appreciatedIMG.pdf

IMG.pdf

[Bazooka Boo]

OK, have had a look at both your PDF images, my first question is did you sign for this loan on their premises, or was it signed for at home?

 

The second PDF, the missive they sent you trying to be all pally pally and friendly, like they want to help you out, is a load of nonsense, there are a couple of things they mention which cannot happen and are untrue simply designed to intimidate you.

The enforcement/recovery action and seizure of assets, can't happen until they obtain a CCJ in court against you which you then have to fail to abide by, they then have to go back to court to ask the permission of the court to enforce other recovery action, one being the use of court certified bailiffs, not a tin pot debt collector who has no training or legal know how.

 

Personal visits to your home also cannot happen unless you make an appointment to meet them, so if anyone does knock on your door relating to this, they can simply be told to foxtrot oscar and get off your property.

 

As for their reference to 'repossession' then this is very misleading, repossess what exactly? They don't make it at all clear, and are simply relying on the fact that you will just assume they mean your house, unless they refer to your property specifically then don't assume this for them.

 

Can you scan and post up both the termination and default notice, the DN is the most important really, just to see if they have issued it correctly.

 

As for the telephone harassment, as you have the Rolls Royce TrueCall, you can print off the times and amounts of calls they have made and take this into your local Police station and file a report for the criminal offence of harassment, don't let the front desk fob you off with 'it's a civil matter' NO it isn't, it is a criminal offence, ask to speak to a senior officer, ideally the duty inspector.

 

As for your payments to your creditors, when you were on JSA these should not have been any more than the token payment of £1 a month, but if £5 a month is suitable for you, then you can maintain this, but if it is beginning to be a grind and you cannot reasonably afford this, then drop it down to the token payment, as long as you are paying 'something' rather than nothing, then there is very very little wriggle room for them, it would not look good in any court if they put you in front of a judge to ask them to force you to pay what you cannot, so don't worry.

 

Did you offer Tesco a monthly payment? If so I take it the foolishly refused this?

If you can set up a payment to them of £1 a month, NOT a direct debit, standing order only, and that goes for the rest of your creditors also.

[Guest Cartaphilus]

Gem, I thought you were given advice on this in your last thread?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?281473-Is-this-Tesco-agreement-enforceable&p=3173667&highlight=#post3173667

[gem-100]

Thanks for the replies, I was given advice but as I have said no one has been able to tell me for sure if it is enforceable or not, and was told to repost on here until someone could give me the advice I was looking for, also the other letter I only received today. BB, thanks for your response, this agreement was done on line and signed at home, I will post here now the default notice. IMG_0001.pdf

Edited October 28, 2010 by gem-100