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  • #1

    Worth sending a CCA Request

    Hi All

    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.

    I was considering sending a CCA request to see if this is unenforcable or not. Is it worth doing this or not as I have been paying the debt. Also do Debt managers buy the debt rather then just act on behalf of Tesco like the others have done? Any advice I would appreciate.

    Thank you
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  • #2
    Diana Mayhew
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Originally posted by batchy_21 View Post
      Recently Debt managers have become awful to deal with (always in letter !) demanding more money which I would struggle to meet.

      I was considering sending a CCA request to see if this is unenforceable or not. Is it worth doing this or not as I have been paying the debt. Also do Debt managers buy the debt rather then just act on behalf of Tesco like the others have done?

      From what you say you are being bullied by Debt Managers, or at least it feels like that to you. Don't agree to pay more money that you can afford.

      I would send a s77-79 CCA Request for this Tesco loan which should at least quieten things down for a moment.

      There's more to a debt being unenforceable than just the credit agreement. Tesco must comply with all their statutory duties.

      If the debt had been sold you should have been sent a Notice of Assignment. Do the letters from Debt Managers mention Tesco in them?

      Di

      Comment

      • #4
        hello,

        DM, (not danger Mouse) will be collecting on behalf of Tesco, who will still own the debt.
        They cannot make you pay anymore than you can afford, plus during recent pandemic rules, they should be offering help if you are finding it harder to make payments,

        Sounds like they are pushing their luck.

        You say they are demanding a bigger payment, how so,
        Are they threatening possible court action if you don't increase payment's.

        to be honest, when I used to get the letters demanding more money, I used to write back, thanking them for reminding me to review my payments. then tell them that due to my current financial circumstance's, I will have to reduce payment to less than they normally receive, If I find I can up the payment in the future I will contact them to do so.

        as for requesting a CCA, when they ( DM )had a debt of mine, they banked the £1, then sent me a letter, dated the same day as the chq was cashed, saying the needed the fee before they could action my request.
        I suggested they get auditors in as they had cashed the chq, never did get the CCA and DM dropped it like a hot potato.

        (I would be tempted to just ignore DM for now and see what they do next, as long as they haven't threatened court.)

        As Di say's send for the CCA, let's see what happens

        NW
        Last edited by nightwatch; 25 January 2021, 12:32. Reason: Di got here first
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
        • 1 like

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        • #5
          CCA Request Template
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Thanks all for your help. I will check the letters when I'm back home to see if they mention about assignment. DM haven't said about court but have worded it about taking it further legally if required. I used statement of earnings and used alot of averages taken from debt charity websites to help me and they are stating it's too high and I should reduce them to pay them more.
            I wnot be bullied by them and will get the letter ready to send !
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            • #7
              Originally posted by batchy_21 View Post
              haven't said about court but have worded it about taking it further legally if required.


              I smile when when debt collectors use the word "required" as a threat. When my daughter was a teenager she was required to be home by midnight but she seldom did despite it being required

              I'm glad to see you not going to let them bully you by turning the tables with a s77-79 CCA Request.

              Is the history of this debt on one of your other threads?

              Di

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              • #8
                Ok so managed to find that DM have taken responsibility from Tesco and did send a statement of assignment. Does that change anything?

                Comment

                • #9
                  Originally posted by batchy_21 View Post
                  Ok so managed to find that DM have taken responsibility from Tesco and did send a statement of assignment. Does that change anything?
                  Yes it may do.

                  Does/did the Notice of Assignment come from Tesco ?

                  There should be two NOA - one would be a "Goodbye" from Tesco, and the other a "Hello" from the debt purchaser.

                  Di

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                  • #10
                    Hi Di yes found a letter from Tesco stating its moved to DM and then letter from DM
                    • 1 like

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                    • #11
                      Originally posted by batchy_21 View Post
                      Hi Di yes found a letter from Tesco stating its moved to DM and then letter from DM
                      Strange DM only managed mine on behalf of the original owner, didn't know they bought them.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
                      • 1 like

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                      • #12
                        Originally posted by Diana Mayhew View Post



                        I smile when when debt collectors use the word "required" as a threat. When my daughter was a teenager she was required to be home by midnight but she seldom did despite it being required

                        I'm glad to see you not going to let them bully you by turning the tables with a s77-79 CCA Request.

                        Is the history of this debt on one of your other threads?

                        Di
                        Thanks Di No this isn't listed in my other threads
                        • 1 like

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                        • #13
                          Originally posted by batchy_21 View Post
                          Hi Di yes found a letter from Tesco stating its moved to DM and then letter from DM

                          Was the exact word "moved" in the letter or did Tesco say it had been "assigned" to DM, meaning sold like a car or house with a new owner?

                          Or did it say "transferred" which could mean assigned, part-assigned or handed over to a debt collector who would act as an agent for Tesco sending letters, phone calls, collecting money and general day-to-day management of the debt on Tesco's behalf?

                          This matters because you need to send your CCA Request to the correct business owner or it won't be valid.

                          Di

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                          • #14
                            It stated that tesco had assigned everything to DM and all correspondence is with DM now. It was clear they had given it all to DM. I also have not received anything from Tesco since that letter which was October 2019 thanks
                            • 1 like

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                            • #15
                              Originally posted by batchy_21 View Post
                              It stated that tesco had assigned everything to DM and all correspondence is with DM now. It was clear they had given it all to DM. I also have not received anything from Tesco since that letter which was October 2019 thanks

                              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

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