tesco won't remove Account/default even though A/C is over 6yrs old **RESOLVED**

[BreadAndButter]

today I received a letter! Finally

 

It states in order to respond in full I must sign the agreement and send it back

- its an agreement to authorise it being sent to my new address

 

So, no news as yet, still trying to prove who I am

[BreadAndButter]

they have sent a final letter stating they intend to pursue the debt:

 

I am writing further to your letter of 4 September 2013.

Thank you for returning this to me.

 

In order to review your complaint I have have reviewed all the information held on the file including details of your recent complaint which you took to the FOS.

 

As you are aware the FOS agreed with our decision not to remove the account from your credit file this debt remains outstanding. Your account was opened in 2000 and no information has been provided to suggest this application was fraudulent.

 

Tesco Bank stopped pursuing this debt as we were unable to locate you, however, we informed the FOS when dealing with your complaint as we had now been unable to trace you that we would recommence collections activity for this outstanding debt.

I am sorry for any disappointment this decision may cause you.

 

As you know the adjudicator at the FOS has already recommended we do not change our decision in relation to your complaint. Should you wish them to relook at theis complaint then you are welcome to do so and they would pass your complaint to an Ombudsman to make a final ruling.

 

Thank you again for bringing your concerns to our attention.

 

Yours sincerely

Stewart Tweedie

Executive Complaints team

 

 

So, they are stating in writing that despite an account fo 13 year. they are going to persue it? Illegal surely.

Also, no account numbers or any further details provided! Still, none the wiser!!!

[huggy41]

take them to court and claim £1000 per year that they have being wrecking your file

[BreadAndButter]

should I go through the usual? request a credit agreement etc... ?

[citizenB]

TBH, I think I have lost the plot on this.. Did you or did you not have an account with them ever ? If not, then Tesco are being disingenuous and your next complaint should bypass the FOS and go directly to the FCA ?

 

If you did have an account with them and there has been no payment or acknowledgment of any liability for over 6 years, then the account is statute barred. You should let Tesco know this and that you have no intention of making any further payment to the account.

 

If they defaulted it on your credit file and 6 years passed from the date of that default, then it should be removed as per the Information Commissioner.

[BreadAndButter]

Ok I think we need a summary here, to clear up the issue:

 

I have an unknown account on credit file by Tesco, every previous attempt to get some sort of account number or details has failed.

 

Despite being many many years old it never defaulted.

 

Until now Tesco did not have information ont his account until I got the FOS involved.

Tesco defend it is an outstanding balance and a credit card account.

FOS took my enquiry and believe tesco have not done anything wrong as they have looked at Tesco's evidence and concluded the account is valid. They did not disclose any information to me.

 

No-one has at any point proven this to me.

 

Tesco have written to me after the above mentioned letter demanding answers, stating they will now chase the debt now they have found my new address

 

If i DID have an account I dont have any details to go by, none have been provided by anyone. All i can state is its statute barred. I then also risk a default going on my account as this currently hasnt been registered, the account is 'open' according to my credit file... for 10 years, no payments made.

 

If I DIDNT have an account, they are surely misleading the FOS, credit report agencies and myself, chasing for monies they do not have a right to nor can provide anything about.

 

However as no-one will give me any information on the account, i cant make a decision for the next steps and further complaints are surely going to fail with "Tesco have given us their side of the story and we believe there is no reason not to pursue" like the FOS stated and im back at square one.

 

This is really difficult to follow AND get on with my life, i seem to be batted back every time with no resolution and no further steps to force a resolution.

[citizenB]

 

 

How about this....

 

Quote

 

Dear Mr Tweedie,

 

Letter reference

 

I am in receipt of your letter DATED.

 

Your response is disingenuous and I am keen to understand the following :

 

1: You say I owe you money. However, you appear unable to provide me with the following :

a) Copy of an agreement

b) an account number

b) statements showing I have made payments to this account

c) details of payments made which would identify an account from which they were made.

 

2: When asked to supply this information - you advised you required more information as you didn't know who I was ?

 

3: You claim that you will be pursuing this debt, despite there being no evidence that it is mine ?

 

4: I would also point out that, even if this debt was proven to be mine, which I deny, then from the information you have provided, it will be statute barred ?

 

It would appear you have provided the Financial Ombudsman with information, which has persuaded them that I do have a liability. In which case you should be able to provide me with that same information. I fail to see your reluctance in doing so!

 

I must now insist that you either provide absolute proof that this debt is mine, or cease reporting to my credit file with immediate effect.

 

 

PRINT OR SIGN your name digitally.

 

 

If you do not receive either proof the debt is yours (which you will then automatically respond with the SB letter) or confirmation they have messed up, an apology and some form of compensation, then I think you are going to have to consider issuing a claim against them. They would then have to provide this information in order to defend their stance.

 

If you think you might want to do this, then I would suggest you add the following paragraph to the letter above

 

Quote

 

Please consider this letter to be of dual purpose - a Formal Complaint and Letter before Action. If I have not heard from you within 14 days from the date of this letter, that this debt is not mine and that you will cease reporting to the credit reference agencies. Then I will be issuing a claim through the County Court where you will be obliged to support your assertions with any proof.

 

[BreadAndButter]

Thanks for the response, I intend to do this now.

[BRIGADIER2JCS]

Statute Barred Letter to Tesco, emphasising that the onus of providing unequivocal proof that the account is NOT Stat Barred falls entirely upon Tesco and state is your final response and that all CRA data must now be removed.

[BreadAndButter]

statute barred letter acknowledging they are dropping the account, however no compensation.I just wanted it off my file so that's the main thing here.

[citizenB]

Oh well done. I am pleased this is now sorted