Worth sending a CCA Request

[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]

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]

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]

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!

[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

[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.

[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.

[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

[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.

[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

[batchy_21]

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

Thank you I have emailed

[Colin G Quinn]

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

[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,

[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

[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