Worth sending a CCA Request

[batchy_21]

In which case send your CCA Request to DM (meaning Debt Managers not Di Mayhew ).

In the very least that should stop them from relentlessly calling you. However it's £14k so they may not give up easily in the long term.

Is this debt showing on your CRA file (defaulted in 2016?) because that should confirm who actually owns it currently?

And maybe (not yet) you could send a SAR to Tesco to see what data they hold so you'll see whether they have complied with all their statutory duties, and whether they have the credit agreement in case it 'differs' from the one DM might produce if they don't have agreed access to Tesco's information

Di

Thank you
I'm sure they wont back down easily! however will wait and see what happens from the CCA request as I will post that today. Yes the debt was defaulted in April 2016 and shows DM as updating every month so I'm confident they have bought it from Tesco I will await the CA and look for a SAR if needed.
If the debt is UE is it still worth trying to make an offer for full and final if I can. ? I ask as I have enhanced vetting for my job and not sure how not paying would affect it if it is UE. Not sure what would be for the best
Thanks

[nightwatch]

if the debt is defaulted and showing on your Credit File, then it would have caused a problem before now.
not paying it is going to make no difference to your Default marker.
F&F will only get it marked as partially settled, it will not be removed till the 5/6 years is up.

[Joanna Connolly Solicitors]

I ask as I have enhanced vetting for my job and not sure how not paying would affect it if it is UE. Not sure what would be for the best

Is your employer already aware of the Defaults on your CRA file etc?

And is your enhanced vetting every year or every few years?

Di

[batchy_21]

Is your employer already aware of the Defaults on your CRA file etc?

And is your enhanced vetting every year or every few years?

Di

Yes I had two defaults at the time. One I cleared so says satisfied on my file. This one is still the most active and showing as being paid every month. They were fine with having the default and stated that as long as I was dealing with them then it was fine. I took that to mean paying them. I have vetting every few years. I have sent my CCA to DM so they should have that today so will wait and see what they say to it and go from there !

[Joanna Connolly Solicitors]

This one is still the most active and showing as being paid every month. They were fine with having the default and stated that as long as I was dealing with them then it was fine. I took that to mean paying them. I have vetting every few years. I have sent my CCA to DM so they should have that today so will wait and see what they say to it and go from there !

That sounds like a plan.

When will your next vetting be?

Di

[batchy_21]

That sounds like a plan.

When will your next vetting be?

Di

Should be in 2023. Am I right in thinking the default (April 2016) should be gone by next May on my file if so is there still a way to see the debt?

[Joanna Connolly Solicitors]

Should be in 2023. Am I right in thinking the default (April 2016) should be gone by next May on my file if so is there still a way to see the debt?

Six years after a Default is registered on your CRA file the whole account entry vanishes out of sight.

So if your last Default was May 2016 then you should have a 'clean' file from May 2022, which seems to coincide with your next enhanced vetting date or even before it is due to take place.

I don't know whether you have to volunteer any personal/financial information even if it can't be seen on a CRA file. For example, mortgage applications regularly ask "have you ever been bankrupt?", so even if it's no longer showing, you would still have to answer the question honestly 20 years later.

Di

[batchy_21]

A quick update. DM have written stating they have received my CCA request and have asked Tesco for all the documents I have asked for. They also asked me whether I want my pound back or use it towards the balance even though I stated in the letter to not use towards the balance!. So will wait and see what I get sent.

[Roger]

A quick update. DM have written stating they have received my CCA request and have asked Tesco for all the documents I have asked for. They also asked me whether I want my pound back or use it towards the balance even though I stated in the letter to not use towards the balance!. So will wait and see what I get sent.

The AAD CCA request Doesn't admit libility!!
BUT any response reference the £1 might be construed as admitting the Debt.
As it stands they can do what they like with the £1 its UE until that CCA request is fulfilled! Silence is Golden!

[Joanna Connolly Solicitors]

They also asked me whether I want my pound back or use it towards the balance

I agree with Roger about the £1.

At least their letter confirms they've received your CCA Request with the £1 statutory fee, otherwise they wouldn't be asking you what you want them to do with it

Di

[batchy_21]

I agree with Roger about the £1.

At least their letter confirms they've received your CCA Request with the £1 statutory fee, otherwise they wouldn't be asking you what you want them to do with it

Di

Definitely will see what documents they send!

[batchy_21]

Hi all So the 12+2 days are up and no sign of the CCA. I know they received my request. How long shall I leave it or is it worth sending a follow up letter ? Thank you

[Joanna Connolly Solicitors]

So the 12+2 days are up and no sign of the CCA. I know they received my request. How long shall I leave it or is it worth sending a follow up letter ?

Definitely do not send them a follow up letter.

Failure to comply with a CCA Request renders the debt unenforceable until or unless they do comply.

It's good news that there's no sign of the credit agreement. Long may that last.

Do nothing.

Di

[batchy_21]

Definitely do not send them a follow up letter.

Failure to comply with a CCA Request renders the debt unenforceable until or unless they do comply.

It's good news that there's no sign of the credit agreement. Long may that last.

Do nothing.

Di

Thanks Di. I am still paying at the moment shall I keep doing so ? They stated they would be in contact however I haven't had anything from them!. Shall I give them a couple months then stop paying thank you

[Joanna Connolly Solicitors]

Thanks Di. I am still paying at the moment shall I keep doing so ? They stated they would be in contact however I haven't had anything from them!. Shall I give them a couple months then stop paying

I can't really make that decision for you (to pay or not to pay) but I'll help you to make it for yourself.

The next thing I suggest is you send a SAR to Tesco so you can see for yourself whether a credit agreement exists in their files. Because if it doesn't then DM won't be able to get one.

If DM produce a credit agreement then that begs the question where did they get it from if Tesco don't have it (that's a rhetorical question).

The debt is not a small sum (£14k?) so DM might want to try hard to comply so keep one step ahead of them.

I would wait a couple more weeks before you send the SAR to Tesco because you want to capture anything in the Transaction Log which could say DM asked them for the agreement and were told it did/didn't exist.

It's time to turn detective while at the same time being discreet about it

Di