My debts and mental health

[shedder101]

Hi All

Its been a long time since my last post, but i do visit regularly.

my question is, do credit card co have the right to a financial statement ? I know the court has but who else.

i would rather not have to send my financial information to any one.

hope everybody had a good xmas and looking forward to a good new year.

Shedder101

[Old Cogger]

A court can order one, the others hope you give them info!

[shedder101]

many thanks Cogger, I thought that was the case

[dx100uk]

Tell us the full story please

[shedder101]

No story really.

a friend of mine asked me the question and i wanted to make sure my facts were correct.

I have pointed her to the site, should she need any further help

[dx100uk]

Good move!!

[shedder101]

I don’t know if this will be of interest, hopefully for people in the same circumstances it will be.

The history of this is a little personal but I feel it needs to be said.

 

In 2005 I had a breakdown, I had a MBNA credit card with £7000 credit limit when I went on a spending spree and in the interim I applied and got another MBNA card with £6500 limit.

 

During the time of my illness I ran both cards up to the max and I was struggling to make the min payments as I also had several other cards at the time.

got these cards by simply applying for balance transfers they were throwing them at me.

Needless to say I defaulted on the two MBNA cards.

 

I wrote to them explaining my situation that I was now on medication and to offer a smaller amount of monthly repayments.

I made the lesser payments each month and each month they marked it as a late payment default and the balance continued to rise.

 

Eventually I stopped paying, a couple of letters and emails from them stating I was in default.

It then went to MBNA debt office, these people were quite aggressive in their emails demanding payment in full and threatening debt collectors.

 

I then wrote to them asking for the charges they kept adding to the account for late payments, I wasn’t late I just didn’t pay the minimum, I also blamed them for putting me in this position, they kept increasing the credit limit so I kept spending and in my condition I had no idea what I was doing.

 

Now on medication, I wrote a strong letter complaining they were the reason I was in debt and they should give me the discount on the advance charges as well as the extra interest cost, I had no reply.

 

Two months later I received a letter from MBNA saying they had written off my debt of over 13k and closed the account.

On checking my credit report it shows as closed balance 0

 

this came as a shock as I had a Tesco card with a large debt on who wouldn’t talk to me regarding my illness and instantly passed it to Frederickson’s.

 

I hope this might help others who suffer mental illness and not to let the credit card co bully them.

[lookinforinfo]

Thank you for writing -it cannot have been easy.

You must be pleased that MBNA have written off your outstanding amount which would have reduced the pressure on you no end.

And it is quite a surprise to me as MBNA are not usually so understanding-so well done them.

 

I don't expect Frederickson's will do the right thing and you are best to ignore them and block their calls though reducing the debt by 50% may not necessarily mean the original contract was unlawful in your case.

 

It may be Tesco's suggesting a large reduction because of your health problems.

It might be worth writing to Tesco again, pointing out your financial situation, what MBNA have done to help alleviate your stress and how Frederickson are really harassing you to make payments that sadly you can no longer make.

Then ask if they would kindly consider what MBNA did which would help enormously in helping your rehabilitation.

 

It might work or at least rein in Frederickson a bit.

 

Good luck with your recovery.

[shedder101]

indeed i was so releved when MBNA did that. i have writen to Tesco several times with no responce at all.

on my credit report from Noddle it shows from tesco a default every month since sep 2016 even this month, clear score shows it as closed from feb 2017 but a ballance owing. i get quite confused trying to understand them

[lookinforinfo]

You don't give dates for when you started the card with Tesco, nor the last time you made a payment. Are they sending you annual statements of payments paid and the amount owed each year? I was looking back to see if any of your previous posts were about sending a CCA to Tesco but can find few of your earlier posts so I am wondering if you did try at some time.

[shedder101]

I am sorry i have just seen an error on the original post it should say 2015 not 2005 that’s my mistake.

 

in 2013 i took out the cards and kept everything in order up to my breakdown, and until 2016 august payment was less than they required. This was mostly due to the balance transfer offer coming to an end.

 

I started corresponding with them around March 2017 this was after some time being on my medication. I had correspondence of them but i never had to my knowledge a statement of payments.

I can’t remember when it was passed to Fredrickson but I continued to write to Tesco up until Feb this year and still haven’t received a reply. i still have had no statements from them regarding my account

Edited August 19, 2018 by shedder101
add

[lookinforinfo]

Under the Consumer Credit act of 2006 s86c and 86d was introduced.

 

From then on anyone in arrears had to be sent an annual statement outlining how much the current arrears stood at.

 

Failure to do means that until the creditor sends it they cannot charge interest on the amount nor can they enforce the debt [ie take you to Court.].

 

So do not write to them asking for a statement- just remember the situation.

 

As I am not sure when you went into arrears with Tesco perhaps a year has not yet elapsed.

 

PS Don't beat yourself up about the date [2005 2015]. If people were not supposed to make mistakes they wouldn't have put rubbers on the end of pencils.

[shedder101]

LOL as my wife says I am hopeless.

I stopped the min payment on Aug 2016 I was paying an amount less than the min, this continued showing on the credit report as up to 5 months late before it went into default in feb 2016.

 

Since then as I said what happened in the previous post, I have not received any statement from Tesco, when on my Noddle credit report the account shows as open and a default every month, balance fig stays the same, and on clear score it says its closed.

 

But I have looked through the file the last correspondence from Tesco was in Jan 2017

[lookinforinfo]

Well that looks as if Tesco have sold the debt to Frederickson.

You are right to ignore them, not speak to them and block all their calls and messages. I suspect that it was Fred's that was bombarding you with texts and phone calls rather than Tesco.

[shedder101]

yes all fredrickson i will keep ignoring them as having read on the site they have no more powers than Harry Potter.

 

but i will keep my eye out should the take it to court

[lookinforinfo]

Good. Not sure how long Frederickson's have owned your debt but if more than a year, they cannot take you to Court until they start including the annual statements.

Just in case you don't know they are part of the Lowell Group you've seen them off so this bunch should be easier.

[dx100uk]

Ignore freds they only chase dont buy

 

Ofcourse they Lowell can do court regardless of statement s

[shedder101]

many thanks for the information i will keep my eye out for more paperwork

[shedder101]

I have been through all the letters sent to me from Tesco, and I can’t find an annual statement but, my monthly statements were on line so I assume the statements might be.

 

I cannot get access on line and haven’t been able too since they sent me the default letter, late 2016 then every month I had another default letter and an you are in arrears letter as well.

 

I then sent a letter disputing the amount of the debt in March 2017 because late fees were added. I explained in a letter my problems, but heard nothing from them for 4 months, when a letter from the complaints department upheld their position and the fees stood.

 

The rest of the time I heard nothing till the first call from Fredric, end of Jan this year. I wrote to Tesco to ask who they were, they said they were handing over to Fredric and I should contact them for anything to do with the account.

 

I have had many ,many calls and text from Frederickson’s some different numbers to catch you out and always a recorded message tell me to contact them.

 

The one letter I have from them offers a discount if I pay up and in the box they state Tesco as the client.

 

I block and ignore all calls and text now, I have too or I start going down the depression hole, the entrance is to close for comfort at the moment.

 

Can I just keep ignoring them?

What do you think the next step should be?

I know if I do fall down it will take some time before I will be in a position to handle it.

Edited August 22, 2018 by dx100uk
Spacing

[dx100uk]

Then send tesco an sar if you dont have access to the statements

Can you confirm who freds state are their client on their letter and what date it was please

[shedder101]

i thought it best to show the only letter i have had

fred 1014.pdf

[dx100uk]

can you go get your credit file and see whos shown as the owner of this debt.

I have my suspicions its not been sold and freds are merely chasing for Tesco's.

 

and the fact theres a discount smacks Tesco know theres something wrong with the balance. [penalty fees? PPI?]

[shedder101]

it shows as Tesco debt on both clearscore and Noodle on clearscore its on the closed section on noodle it shows as default from 2016 to july 2018 each month they show it

[dx100uk]

Ok so tesco then

You can totally ignore freds or anyone until/unless tesco sell it on and you get a notice of assignment

[dx100uk]

ive made you a new thread on the MBNA write off in the MBNA forum as its important to publicise it

https://www.consumeractiongroup.co.uk/forum/showthread.php?489428-Hope-when-mental-illness-strikes-MBNA-wrote-off-�13K-Card-Debt&489428-Hope-when-mental-illness-strikes-MBNA-wrote-off-�13K-Card-Debt=&p=5141630#post5141630

 

I've renames this thread to your tesco card so keep posting here about that