Jump to content


  • Tweets

  • Posts

    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
  • Our picks

RugbyPete

Credit file being wrecked by Tesco yet they dont know who I am

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2186 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

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.


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

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.

Share this post


Link to post
Share on other sites
Ok so 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!!!

 

 

How about this....

 

 

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

 

 

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.

 


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

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.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Oh well done. I am pleased this is now sorted :)


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

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...