Worth sending a CCA Request

[batchy_21]

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

That's really helpful thank you ? I will send a SAR in a couple weeks and go from there and see what I get back.! If anyone has a link to a good SAR letter please post it i would be grateful thanks

[Colin G Quinn]

Hi Batchy_21,

If you email me at the address showing below this post, I will draft one for you and send it to you by email.

Kind regards,

[Colin G Quinn]

Ah, for some reason it is not showing below. It is Colin@joannaconnollysolicitors.co.uk

[batchy_21]

Ah, for some reason it is not showing below. It is Colin@joannaconnollysolicitors.co.uk

Thank you I have emailed

[Joanna Connolly Solicitors]

That's really helpful thank you. I will send a SAR in a couple weeks and go from there and see what I get back.

Just remember not to send the SAR to Tesco for at least a couple of weeks, and post on here if you hear anything from DM in the meantime and I'll reply on your thread.

Di

[Colin G Quinn]

batchy_21 I have just emailed you a draft letter for signing and dating, along with a couple of instructions for you.

[batchy_21]

batchy_21 I have just emailed you a draft letter for signing and dating, along with a couple of instructions for you.

Thank you

[Warwick65]

Hi batchy

Just wanted to say, when you do finally receive your SAR it may well not cover everything you asked for or indeed may not even be intelligible. When I sent my one and only SAR to capital one all they originally sent me was a pile of statements , when pushed they sent me a lot more but it was hard to read. I found the date of registering a default and I found the date they said they had sold it (but not who to). Oddly that date was a full week before the date that appeared on the NOA from Lowell - so who owned it in between? I found nothing about Lowell asking for any documents - even though I had sent a cca request to Lowell

So just a heads up, it might take some concentration to decipher what you receive.

[Night Monkey]

And regarding whether or not to stop payments, that is always a personal decision. I spent quite a few months prevaricating before I finally pulled the plug and that's when the journey proper started. I can say that I certainly haven't regretted it.

[batchy_21]

Hi batchy

Just wanted to say, when you do finally receive your SAR it may well not cover everything you asked for or indeed may not even be intelligible. When I sent my one and only SAR to capital one all they originally sent me was a pile of statements , when pushed they sent me a lot more but it was hard to read. I found the date of registering a default and I found the date they said they had sold it (but not who to). Oddly that date was a full week before the date that appeared on the NOA from Lowell - so who owned it in between? I found nothing about Lowell asking for any documents - even though I had sent a cca request to Lowell

So just a heads up, it might take some concentration to decipher what you receive.

Thanks for this. Will see what they send and go from there. Fingers crossed its easy to read through

[batchy_21]

And regarding whether or not to stop payments, that is always a personal decision. I spent quite a few months prevaricating before I finally pulled the plug and that's when the journey proper started. I can say that I certainly haven't regretted it.

Thanks. I will consider it when I get the SAR back and see what details are in there. Im sure when I stop paying they will have something to say!

[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

You raised the issue of paying or not paying earlier in your thread since you have enhanced vetting for your job.

You said that your employer was fine about the Default on your CRA file because you were paying them (at least that's what you understood them to mean).

You've told me that you won't be vetted again until 2023, but will your employer take the same view (it's fine) if you are not paying the debt?

Maybe wait until you get a response to your CCA Request. If they can't/don't produce the credit agreement they should send you a letter telling you the debt is unenforceable which could help with your future vetting process.

The reason I suggested you should send a SAR was to help you assess the likelihood of them coming up with a compliant credit agreement.

Di

[batchy_21]

You raised the issue of paying or not paying earlier in your thread since you have enhanced vetting for your job.

You said that your employer was fine about the Default on your CRA file because you were paying them (at least that's what you understood them to mean).

You've told me that you won't be vetted again until 2023, but will your employer take the same view (it's fine) if you are not paying the debt?

Maybe wait until you get a response to your CCA Request. If they can't/don't produce the credit agreement they should send you a letter telling you the debt is unenforceable which could help with your future vetting process.

The reason I suggested you should send a SAR was to help you assess the likelihood of them coming up with a compliant credit agreement.

Di

Thanks Di.
my employer stated that as long as you are servicing your debts then the default is fine. I may need some clarity from them around this and what they mean by servicing.
I will wait another week then send the SAR letter to Tesco and see what I get from them.
I still haven't heard about my CCA do they have to tell you if they have it or not? I'm concerned if I keep paying they will just ignore it if they don't have it and I'm unsure how to get them to confirm either way. Thanks

[Joanna Connolly Solicitors]

Thanks Di.
my employer stated that as long as you are servicing your debts then the default is fine. I may need some clarity from them around this and what they mean by servicing.
I will wait another week then send the SAR letter to Tesco and see what I get from them.
I still haven't heard about my CCA do they have to tell you if they have it or not? I'm concerned if I keep paying they will just ignore it if they don't have it and I'm unsure how to get them to confirm either way.

You shouldn't have to get them to confirm the debt is unenforceable if they fail to comply with your s77-79 CCA Request, they are required to do that by the FCA.

Read CONC 13.1.6 in the FCA Handbook here > https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

Perhaps your employer would accept that when you're next vetted i.e. the debt is unenforceable due to non compliance.

However, at the moment your question is based on a 'what if' situation, so hold your breath to see what they do send (if anything). Even then the situation could change if they comply further down the line because Tesco are slow to co-operate with them.

Only a Judge can rule a debt unenforceable.

Di

[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.