Worth sending a CCA Request

[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]

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]

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]

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

[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

[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

[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.

[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!

[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?

[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.

[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.

[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

[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

[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

[Sam Audley]

Joanna Connolly