Tesco Personal Finance

[Jad1964]

Help

I entered into a DMP in April 2001 (DMP cleared over 2 years ago) and default notices were issued by the majority of my creditors June 2001. However Tesco Personal Finance did not file a default until 5/11/05. I have read the Data Protection Technical Guidance on the ICO's website thoroughly but need to know if I have understood it correctly before I contact them again.

As I understand it a default should be added if the repayment is at a level that only represents a token sum. As no default was added at the start I can only assume that the level of repayment was acceptable to Tesco Personal Finance. Payments were made on a regular monthly basis through the Consumer Credit Counselling Service, not one payment was late or missed. My credit file actually shows payments as being over 6 months in arrears. I have asked why the default was added so late but they failed to answer that question. Also at no time did they inform me that my debt had been passed to Triton Services nor did I receive notification that they were going to default the account.

I know the default will clear from my file this November but I need it removing sooner. Also it would give me great pleasure to stick 2 fingers up at them. I have not been able to rebuild my credit because of RBS and 10 years is a long time to be in the wilderness.

Hope you can help

Jackie

[Jad1964]

Tesco Personal Finance

Hi

Sorry forgot to mention in my previous post that I never received any letters from Tesco regarding the issue of a default notice. I did attach the reply from Triton but you may need a magnifying glass to read it! They are saying they sent a formal demand on 18/11/05. Over the course of my DMP the only correspondence I received from them was a letter telling me that if I had any queries regarding my account I was to contact their Glasgow office. I actually still have everything to do with the DMP and that's why I know Tesco have never sent me the formal demand or anything else.

Thank you

Jackie

[Never-In-Doubt]

Re: Tesco Personal Finance2

I know the default will clear from my file this November but I need it removing sooner. Also it would give me great pleasure to stick 2 fingers up at them. I have not been able to rebuild my credit because of RBS and 10 years is a long time to be in the wilderness.

Hope you can help

Jackie

You're really not going to be able to win this, by the time you fight with the ICO for removal, it'll be November - so you're best waiting til it drops off -seriously, save yourself the hassle and inconvenience of fighting a lost cause - I say lost cause, cos you aint gonna win - these muppets pull rank and close the net when things don't go their way and they will not (and cannot) be seen to remove defaults, so you're really clutching at straws.

You say you "need" it gone before November, no - you mean you WANT it gone by then! However I can only presume it's for a mortgage or whatever in which case, don't worry too much - a default over 3 years old on its own will not be a barrier to credit, as most lenders only search 3 years. Thus if you have a flawless 3 year credit file then you'll be fine, ignore that default. If however you have lots of other stuff going on, ie late payments etc, then forget it - it'll go against you.

See here for details of the effect it may have on you: ---> Credit Ref Agencies

[Jad1964]

Re: Tesco Personal Finance

I'm afraid you're going to have to eat your words. Oh ye of little faith! I am now the proud owner of a clean credit file and am happily sticking 2 fingers up at RBS. I didn't make a complaint to the ICO instead I asked for their guidance. The reason I was so intent on pursuing this was because I knew that I was right and that they were basically lying through their teeth at the reason for the default being added so late. I wrote to RBS in Telford asking for the reasons for adding the default when they did. Apparently it was added in Nov 2005 as that was when I had missed 6 months payments to them. So I phoned them up for a friendly chat. The bloke from RBS said that I had missed 6 mths payments and that a new arrangement to pay hadn't been set up again with CCCS until Feb 2006. This was a total fabrication. I asked him how could he explain then what they had done with my payments as I had my statements from CCCS showing that I had paid them. Funnily enough he couldn't. So I had to write in again asking for my complaint to be reopened. Yes it was a bloody faff but I was damned if they were going to get away with accusing me of something that was completely untrue. So I provided them with the relevant statements,an email from CCCS confirming that there were no missed payments and an email from the ICO. I received a very nice letter apologising for suggesting that I had missed any payments. All of this messing took about 6 months to sort out but I couldn't let them get away with it. Next port of call is the Obudsman and I will let you know what happens with them.

[Never-In-Doubt]

Re: Tesco Personal Finance

I'm afraid you're going to have to eat your words. Oh ye of little faith! I am now the proud owner of a clean credit file and am happily sticking 2 fingers up at RBS. I didn't make a complaint to the ICO instead I asked for their guidance. The reason I was so intent on pursuing this was because I knew that I was right and that they were basically lying through their teeth at the reason for the default being added so late. I wrote to RBS in Telford asking for the reasons for adding the default when they did. Apparently it was added in Nov 2005 as that was when I had missed 6 months payments to them. So I phoned them up for a friendly chat. The bloke from RBS said that I had missed 6 mths payments and that a new arrangement to pay hadn't been set up again with CCCS until Feb 2006. This was a total fabrication. I asked him how could he explain then what they had done with my payments as I had my statements from CCCS showing that I had paid them. Funnily enough he couldn't. So I had to write in again asking for my complaint to be reopened. Yes it was a bloody faff but I was damned if they were going to get away with accusing me of something that was completely untrue. So I provided them with the relevant statements,an email from CCCS confirming that there were no missed payments and an email from the ICO. I received a very nice letter apologising for suggesting that I had missed any payments. All of this messing took about 6 months to sort out but I couldn't let them get away with it. Next port of call is the Obudsman and I will let you know what happens with them.

Well done, now you've supplied that and told us that you should have been defaulted earlier of course it changes things ( lol) - from the info we had, obviously they'd not remove it - with what you've said i'd agree, complain.

Anyway, well bloody done you