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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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RugbyPete

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

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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.


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Uploading documents to CAG ** Instructions **

 

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

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2: Take back control of your finances -

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3: Feel Bullied by Creditors or Debt Collectors?

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4: Staying Calm About Debt

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5: Forum rules - These have been updated -

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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

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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

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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.

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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

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

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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.


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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.

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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

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