Tesco's threaten me with legal action, please advise!

[Scunci]

I am hoping for some sound advice please as

 

I am going through a continued difficult time since losing my job five years ago and

finding myself out of work for the first time in 38 years,

 

luckily I managed to get a job two years ago but

 

it is only part time (14 days a month) and

 

just about covers my essential bills, mortgage, gas/electric, fares, council tax, tv, broadband + phone,

 

I do need my broad band and phone as when I am not at my part time job

I am still trying to get full time work although as now approaching sixty am finding it almost impossible,

 

the tv is the only entertainment I have as I cannot afford to go out or on holiday etc,

I then have enough money left over for food and any extra's and this amounts to around thirty pounds a week,

 

I have so little that I cannot even afford to get a tooth filled that broke several months ago

(sorry to be so open but this is how it is).

 

When I lost my job due to redundancy five years ago,

I owed some credit cards, Tesco's being one of them,

the debt is large at approx 8k,

 

this is not the sum as I do not want to give too much away on here so as not to be identified,

whilst on job seekers Tesco's accepted a pound a month as that was then all I could afford,

 

once I was in work I then paid them five pounds per month,

this is along with three other companies that I pay the same amount to,

so altogether 20.00 per month on my debts,

 

they have recently been demanding that I pay more,

I have said that I cannot afford more and ended the phone conversation

as they were asking for proof of my income and expenditure

and I said I could not pay more and there was no point in discussing further,

 

I then received persistent phone calls from them most evenings which I do not answer,

they wrote to me demanding more money and threatening further action

 

I wrote and offered ten ponds,

I stated that is the best I could do,

 

this was last week, they have now sent me another demand,

I would think sent the same day they would have received my letter,

they have not acknowledged my letter in their letter in any way,

 

I did not send it recorded as I could not afford to, I do have a copy,

the latest demand is a dunning letter stating that they are now considering legal action against me,

 

I am now quite worried as they state that they may serve a to my employers to force them to take money out of my earnings

and pay Tesco's directly (I really am worried about this as I am already down to the most I can pay out

and if anything is taken out of my earnings I don't think I can carry on)

 

they are also saying that if I am a home owner they may ask the court for a charging order over my house!

 

I did offer Tesco's a settlement figure out of my redundancy five years ago

but they refused it and I now have no money left,

all my savings went on keeping me afloat until I found employment again.

 

I am sorry this is so long but I have no one to discuss this with, I am very ashamed

and upset about my situation and now this is making me feel unwell.

 

I have tried to attach a copy of the letter received today but failed, will keep trying but

would really appreciate any advice please.

[Stigman]

Hi & Welcome to CAG,

 

First of please do not worry & never fell ashamed, most of us on here have had issues at some point in our lives through illness, redundancy etc.

 

You need to stop talking to Tesco's on the telephone, any communication needs to be done in writing only.

 

The letters Tesco are sending are just computer generated threatograms, the employers attachment of earnings is only awarded if Tesco successfully obtains a CCJ, you then default on the CCJ etc.

 

Do yourself a new income & expenditure, do not forget to include TV licence etc. including monies set aside to cover an emergency.

If at the end of it Tesco's only ever receive £1 for the next 35 years so be it.

If Tesco's ever went to Court, you could then include an up to date income/expenditure to clearly show a Judge that you are on a low income and £1 is all you can afford. A Judge will not make you pay more than you can afford.

 

You say when you lost your job 5 years ago, what date did you take the Credit Cards out?

 

I would send Tesco's a CCA request, the template letter is here... http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

You need to enclose a £1 postal order, Tesco's have 12 + 2 working days to comply (the +2 days are for postage).

 

If Tesco's do not comply within that time-scale, you can legally with-hold payments.

 

As above, deal only in writing, if Tesco's do phone up and you do answer, please remember that you are under no obligation to speak to these people on the telephone, therefore just say "Send in writing only" & hang up, do not get involved into why just hang up, time to take control.

 

Have you got all of the statements & do you know if PPI was ever applied?

Any charges & PPI can be recovered, never use a claims firm, you can easily do this yourself, just ask in the forums for advise.

 

To get all of the statements if you do not have them, you will have to send Tesco a SAR request, the cost for this is £10.

 

May also be beneficial to obtain a copy of your Credit Reference File, the cost for a paper copy is £2 via sending them a postal order, the forms are on each of their websites.

 

Stigman

[dx100uk]

is this debt still with Tesco's or is this a DCA sending these threats?

 

 

dx

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/showthread.php?426126-CONC-7.9-Contact-with-customers-including-visits

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426134-CONC-7.3-Treatment-of-customers-in-default-or-arrears-(including-repossessions)-lenders-owners-and-debt-collectors

[Scunci]

Thank you Stigman and dx100 for your replies, much appreciated,

apologies for late reply but there was a power cut in my village last night and then the internet was down until today.

 

The credit card with Tesco's goes back years, maybe ten, twelve or more,

the debt is still with them,

they have not yet passed it on to a DCA,

 

 

I have found that Tesco's like dealing with their own debt collection and tend to be bully boys when going about this kind of business,

I do speak from experience as having been involved with commercial debt for over forty years

and even having Tesco's as one of the customers I used to chase for payment for a company I then worked for,

 

 

they did in fact overpay by over 20k on their account and to the day I left that company some years after they overpaid,

they never discovered this over payment so in my opinion they do not seem to know what they are doing on the other side of the coin.

 

Stigman, I note that you say that if Tesco's ever went to court I could then produce an income/expenditure form,

should I not do that now to demonstrate what I have told them is the truth or is it best to wait?

 

I have all the statements and payment receipts and correspondence including their declining my offer of settlement of 20% of the debt

the balance to written off,

 

 

in all my years experience in credit control I only ever chased B2B,

 

 

I really could not do debt collection of private individuals, since losing my career I have seen a very dark side to consumer debt collection

and it takes a certain individual to keep hounding the life out of people,

 

 

I appreciate that some can pay but don't want to etc,

but for those of us that truly cannot afford to clear their debts life becomes a living nightmare with no end in sight,

I just barely get from day to day now, there is nothing to look forward to any more,

my treats are now down to where I can save the most money on value meals etc,

and for sure I never venture into Tesco's anymore!

 

I will do the CCA and I will send it recorded and will let you know what happens,

and thank you guys for your help it is much appreciated

and has made me feel a little better today than I have for a while.

 

I have managed to copy the letter received from Tesco's yesterday and will try to attach it.

[havinastella]

Standard tosh from Tesco, get the CCA sent off ASAP.

[Scunci]

Thank you havinastella, will do!

[citizenB]

Yes, you could send an I & E form now to prove that you simply are not able to pay what you don't have. I would suggest you have a word with National Debtline and ask them to help you put together one of these - then when you include a copy with your letter to Tescos, you can say something like..

 

 

 

 

Having spoken with National Debtline, they have helped me produce the

enclosed. As you can see, I simply do not have the money you are asking

for.

 

You should perhaps get a letter out to them immediately (send with a free proof of posting) in view of their recent communication, you are seeking advice from National Debtline. Tescos should hold back for 30 days in order for you to do this.

[Scunci]

Thanks citizenB, I will do this then.

[Scunci]

I have gone onto the National Debt Line and part of the form asks about your assets, property,

I do have a house with equity in it but I do not want to thave to sell my house to pay off this debt!,

what do I put down please?

 

 

my mortgage is approx 180k, my house value would be approx 260k, this is how the section on the form is :

 

Assets are things like savings or the value of property, such as your home or car.

Creditors will not usually expect you to sell these to pay off your debts but it is a good idea to show

that you have at least considered whether this is an option.

 

 

By clicking yes here, you are confirming that you have no assets that you can sell to make lump-sum payments to pay off your debts.

This statement will appear on your budget.

If you are thinking about using any of your assets to pay off your debts, you may have other options. Contact us for advice.

Your assets

 

I confirm that I have no assets that I can use to make lump-sum payment (then tick which of the boxes you decide, yes, this is true or: No, this is not true)

[citizenB]

Sadly that is the main problem with I&E now.. you have to pretty much declare everything - I didn't realise they were advising that you should consider selling as an option. I am not sure what you should be doing in this case. Tescos obviously know you have a property as you would have already advised them when you entered into the agreement.

 

Sadly, if they issue a claim against you, then you will almost certainly have to complete and I&E in similar detail if you want to repay any judgment (assuming you were to lose) by instalments.

 

[Scunci]

It is an option, but it appears that I have a choice whether to declare it or not, they state that declaring it shows that at least I have considered the option, there is now way I would consider selling my house that I have worked hard for to clear this matter up, so by not showing it on the form I would assume that it would mean to me this is not an option?

[citizenB]

It is an option, but it appears that I have a choice whether to declare it or not, they state that declaring it shows that at least I have considered the option, there is now way I would consider selling my house that I have worked hard for to clear this matter up, so by not showing it on the form I would assume that it would mean to me this is not an option?

 

Ah, sorry I didn't quite understand. In that case, I would not complete that section. Obviously it is NOT an option that you will sell.

[Scunci]

Ok, I will try this, I did fill out the form and it actually said I should be paying less to each of my four creditors than I am, Tesco's was only to receive 4.00 per month and I am currently paying them 10.00 and I have been completely honest on the form and can prove everything, I did try to save it and download it but for some reason it did not work, I will now have to attempt it again tomorrow as running out of time now, Tesco's have just rang me again, I did not answer but have saved their number into my phone so I know its them.

[Stigman]

Sorry, seen your reply on my phone in post #5 on my phone but was out with family so could not reply.

 

As advised in post #6, get the CCA off to Tesco's and see what they come back with.

 

I'd leave the I&E until Tesco comes back with a valid CCA.

 

If you do complete an I&E, only complete your income & outgoings, never complete the property section showing that you own a property with equity (even if they know you own a property, they do not know how much equity is in your property) it would be like waiving a red rag to a bull & they are more than likely to push for the option of trying to obtain a Judgement against you.

 

Stigman

[dx100uk]

theres a simple way to deal with this TAKE CONTROL yourself.

 

 

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

.

as an example>

.

I am currently in financial difficulties and not able to meet my normal monthly repayments.

to show my goodwill, i am going to pay £5 for 6 mts.

 

i will update you in 6mts time or before, should my situation change.

.

could you please as a reciprocal goodwill guesture,

.

refrain from levying any penalty charges & freeze the interest on my account.?

.

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

.

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

.

.

as your actions would do nothing to help me.

.

i thank you for your time.

..

.

dx

.

then pay by your internet banking site

.

and get reclaiming

.

TAKE CONTROL

.

or

if you have sent the above and they refuse

then write back........

.

.

i'm sorry, but you have failed to assist me during a period of financial difficulty, against all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

i repeat again, the contents of my letter dated dd/mm/yyyy, for want of clarification:

to show my goodwill, i am going to pay £XX for XX mts

could you please as a reciprocal goodwill guesture, refraining from levying any penalty charges & freeze the interest on my account.

i will update you in 6mts time or before, should my situation chance.

should you fail to help by refraining from levying unlawful PENALTY charges & freeze my interest,

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions are doing nothing to help me.

This is contrary to the rules you should operate under.

disgruntled account holder

dx

[Scunci]

Hi Guys,

 

 

I know it has been a while but I did send 1 £1.00 postal order to Tesco for a CCA,

 

 

I have just had the £1.00 postal returned along with a letter stating:

Consumer Credit Act 1974, then my name, followed by:

 

 

Thank you for your requesting personal data held by Tesco bank.

Unfortunately, we're unable to provide the information requested as the account is now closed.

 

 

Under the Consumer Credit Act 1974 Sections 78 we have a duty to give information only to a debtor under a running-account credit agreement.

 

 

We have enclosed the cheque provided with your request.

 

 

you have any questions, please contact us and we'll do everything we can to help.

 

So now what do I do as I cannot obtain the information I have requested,

 

 

the account is still with Tesco and not a DCA,

 

 

why are they saying the account is closed?

 

I look forward to your reply!

[citizenB]

Eh ? Can you scan in and post up that letter please, make sure any personal information is removed first.

 

They are obliged to provide a copy of the CCA on request and it does not matter if the account is closed or not ?

[SabreSheep]

Send them a failure to comply with cca request from the templates section

[dx100uk]

pers I'd copy the last threat-o-gram

 

 

staple that to the CCA request

 

 

and send it back

 

 

dx

[Scunci]

Here is the letter, I apologise for the quality, if any problems I will do again tomorrow after changing toner.[ATTACH=CONFIG]54586[/ATTACH]

[catquest]

Sounds like the old, long rejected Rankine v American Express argument - it was an Obiter Dictum ie an aside remark, not binding

[dx100uk]

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGi

IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

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.

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.

1. SCAN YOUR DOCUMENT

.

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.

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.

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3. HOW TO CONVERT YOUR DOCUMENT TO PDF

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- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

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.

OR Go to one of the many free online pdf converter websites:

.

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.

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.

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.

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.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

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.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

[Scunci]

There seems to be some grey areas with the Rankine v American Express finding,

 

 

I am not sure what to do next,

 

 

should I go for an SAR to see what they have on file as they seem to be implying that they do not have the account anymore,

 

 

but it is Tesco that are harassing me, even though they have now agreed to accept my offer of £10.00 per month which I can ill afford,

 

 

they have now started ringing me again, twice this evening, once yesterday,

I do not answer their calls but I have put their name on my phone so I know its them.

 

Advice would be appreciated.

[theoldrouge]

here are the requirements, note in particular 13.1.3 (5)

 

http://fshandbook.info/FS/html/FCA/CONC/13/1