Worth sending a CCA Request

[PlanB]

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.

Hello

You've previously said that one of your main concerns is you have enhanced vetting by your employer who appears to be tolerant of the Defaults on your CRA file as long as you were dealing with them, which you understood to mean as long as you were paying them, which is what you have been doing up until now.

Your next vetting will be in 2023 so you have time to consider your options as long as you keep on paying what's been agreed.

This means the debt won't go statute barred while that continues (paying by installments), but you need to look at this from all angles before deciding which option works best for you and your employment situation.

If they intend to issue legal proceedings then you should be sent a formal Letter of Claim giving you 30 days' notice. At that point you have the opportunity to reply to them with an offer if that feels the right thing to do.

Di

[Roger]

"..
I took a loan taken out in 2014 with Tesco bank which was defaulted from April 2016 (due to divorce job loss etc). I am trying to get on top of my debts and trying to clear them. This is my only debt with a DCA (Debt Managers). The default was from April 2016 on this loan and balance is 14k.

Tesco moved the debt to a few collection agencies before having debt managers which they have had for around a year. Now trying to be good I have been paying £50 a month towards this. Recently Debt managers have become awful to deal with (always in letter !) demanding more money which I would struggle to meet.
.."

The best response with a CCA response is silence!
There are many examples with AAD of blagging!

I can't see you have set up and maintained a Diary which would really help.
This Loan? Was this a consolidation Loan?
Is it a secured Loan?
Was it or is it a Joint Loan?
If this was placed on your Credit Reporting in say April 2016 then it will drop off April 2022 irrespective of whether you pay or not.
Are Debt Managers Tesco's Agents?

Before doing anything and certainly not over reacting I would wait!
More information will help you and the MODS there are many reasons why a Debt may be UE

[nightwatch]

Just to clarify, if the court orders deferred payments, you do get a CCJ. If you come to an arrangement with the creditor, outside of the court or via a Tomlin Order you should not.

Hi Gerry'
I think that is what Warwick meant by his post, thanks for clarifying that point.

NW

[Gerry Jemitus]

I understand you don't need a CCJ but if they do issue a claim you can almost certainly come to an arrangement so you will still be paying but no ccs. Remember all is not lost.

Just to clarify, if the court orders deferred payments, you do get a CCJ. If you come to an arrangement with the creditor, outside of the court or via a Tomlin Order you should not.

[Warwick65]

So the CCA has been kindly checked and is enforcable. Now because of this DM are asking all personal details outlined above and what me to pay more dropping in around enforcement with DCA if I dont pay etc. Like indirect threats. I suppose my only option now is to try and save up and make a settlement offer which will be alot more then if it wasn't enforcable. Anyone have an idea of what percentage i would be looking at on a 14k debt thanks

I think a lot will depend on how much you are paying and what assets you have (that they know about). It might also be relevant how recently they bought the debt for example if it was a month ago and they paid 10% you might get a lower amount than if they had it for a while and you were paying £100 a month.

It is all about screwing as fat a return from you as they can - that's capitalism for you and I think enough reason to say capitalism stinks.

[Warwick65]

When I was in a DMP , we were somewhat creative and worked backwards i.e. what I could afford to pay and altered costs to fit my earnings. Then when I git a company car I didn't tell them but included all the essential costs e.g. fuel, tax, maintenance , insurance. A bit naughty but it helped.

I understand you don't need a CCJ but if they do issue a claim you can almost certainly come to an arrangement so you will still be paying but no ccj. Remember all is not lost.

Have you had the SAR back yet from Tesco?

[The Tech Clerk]

So the CCA has been kindly checked and is enforcable. Now because of this DM are asking all personal details outlined above and what me to pay more dropping in around enforcement with DCA if I dont pay etc. Like indirect threats. I suppose my only option now is to try and save up and make a settlement offer which will be alot more then if it wasn't enforcable. Anyone have an idea of what percentage i would be looking at on a 14k debt thanks

gerry@joannaconnollysolicitors.co.uk

?????? or by telephoning 0330 053 9340. it will pay you to contact gerry for a chat!

[Gerry Jemitus]

Even when the CCA is enforceable, we can still defend the case should they issue proceedings, as there are all sorts of other technical issues with the vast majority of these cases. Feel free to give me a call if you would like to discuss.

[nightwatch]

you do not have to tell them diddley squat, you just say things haven't changed since you sent details to whoever had it last, although your bills will be increasing, but you will leave the payments at xxx as long as you can afford them.
or work out your I&E to a proper level for a reduced payment,
they do not need to know where you work, what car you drive or how many times you go to the loo. they only want the info to call you at work, which they shouldn't do, also to see if you are paying for something that they think could be canceled and paid to them.

sorry, if this sounds peevish, but these company's really p me off, demanding this and that, they will say it is to make sure you can afford the payment without causing hardship, bulls poo, it is to make sure you are paying them every spare penny.

fall back on the DPA can't give certain info as you don't know who will see it.

one DCA asked for Hubbys info,( before i found this site) where he worked his income and expenditure, told them the debt was in my name only and they would need a court order for him to comply, threatened hell and high water, I was looking after my mother, so not working, no income and DPWP said he should keep me, no benifits, carers allowance just covered my fuel.got my back up, found AAD never paid them another penny.

can't say what % any will take all will go for the most they can get out of you,
keep us updated with what happens
best wishes NW

[batchy_21]

So the CCA has been kindly checked and is enforcable. Now because of this DM are asking all personal details outlined above and what me to pay more dropping in around enforcement with DCA if I dont pay etc. Like indirect threats. I suppose my only option now is to try and save up and make a settlement offer which will be alot more then if it wasn't enforcable. Anyone have an idea of what percentage i would be looking at on a 14k debt thanks

[batchy_21]

webmaster@all-about-debt.co.uk,

mine from Tesco looked sound, but it wasn't,they had not sent the original T&C's, but The DCA tried telling me it was enforceable, I have since had other DCA's try their luck, every one has sent T&C's with differing dates at the bottom, or no dates at all,, got quite a collection now.

Thanks for this have sent the documents

[nightwatch]

webmaster@all-about-debt.co.uk,

mine from Tesco looked sound, but it wasn't,they had not sent the original T&C's, but The DCA tried telling me it was enforceable, I have since had other DCA's try their luck, every one has sent T&C's with differing dates at the bottom, or no dates at all,, got quite a collection now.

[batchy_21]

Hi, send the CCA to Niddy (webmaster ) to check it out, nothing blanked out only he will see it,

your letter says they have sent the CCA, with T&C, are they the original T&C or recent one's. OR both, there should be T&C's from when you opened the account and recent one, if they have changed since opening.

No you don't have to give them all the information they asked for.

NW

Thanks Nightwatch. It looks like the original CA with terms attached with signatures etc. I will send it across to be checked The other documents are statements.
I will just continue paying what I am to them !

[nightwatch]

Hi, send the CCA to Niddy (webmaster ) to check it out, nothing blanked out only he will see it,

your letter says they have sent the CCA, with T&C, are they the original T&C or recent one's. OR both, there should be T&C's from when you opened the account and recent one, if they have changed since opening.

No you don't have to give them all the information they asked for.

NW

[batchy_21]

So DM managers have replied to me with copy of statements and the original credit agreement dated stamped and signed from 2014 so I presume this will be enforceable!?.
in the email DM have asked me to provide details to update them do I have too? Do they have any right in knowing?. Is there anywhere I can have the agreement and documents checked they have sent ? I have provided the email below thanks all.
........ ............

Thank you for your previous letter that we received from you on 1 February 2021. We appreciate the time you have taken to contact us and I hope you are well.

In your letter, you have requested a copy of your Credit Agreement and statement in relation to your account. Therefore, your account was referred to our client Tesco Bank and we have received a response. Please find attached a copy of your statement and credit agreement in relation to your account. Your Credit Agreement will show you all of your personal details and the terms and conditions of your loan agreement.

Your statements will show you all of the payments made and the outstanding balances. I trust this information is sufficient for your request and I hope this answers all of your queries. Should you have any further queries, please don’t hesitate to contact us. I can also see that you did enclose a postal order for £1.00 for your request for the Credit Agreement. Please note, in order to request this information, it is free of charge and therefore; the £1.00 fee is not required. Could you please advise if you wish for us to send this back to you via post, or if you would prefer this to be added to your account towards your outstanding balance?

Please let us know so that we can ensure the most appropriate action is taken. I can also confirm that your payment plan for £20.00 per month remains in place via Standing Order and your next payment is due on 04.04.2021. Having reviewed your account, it is currently due for a financial review. Therefore, we do require some further information to ensure that your payments are affordable and sustainable. This will also give us a better understanding of your financial situation.

Please could you confirm the following information: Your employment status, marital status, number of financial dependents you are responsible for (if any) and if you have any other outstanding creditors, including the balance owed and your agreed repayments. Additionally, are you up to date with your priority bills such as, Rent/Mortgage, Council Tax, utility bills, TV Licence and hire purchase agreements?

Could you also please advise if there are going to be any future changes to your circumstances that we should be made aware of, so that we can take this into account? I have also attached an income and expenditure form for you to complete and return to us. Alternatively, you can complete an income and expenditure form via our website using the details below:

Once we have received this information from you, we will update this on our record accordingly. Rest assured, whilst payments are kept up to date; this will prevent further calls, letters, texts and emails from us as well as the possibility of your account being passed to an external Debt Collection Agency.

This will avoid any risk of your account being passed over to our legal team which can lead to us obtaining a county court judgment and potentially an attachment of your earnings in order to recover the money owed. Should you have any further queries please don’t hesitate to contact our offices on 03330 035574.

We are here to help and look forward to hearing from you.