CCA check

[dmdm85]

Tesco Bank Credit card purchased by Intrum UK finance limited Jan 2022
opened online 2004
Last full payment date September 2018
No payments made for the last 11 months
Remaining balance £10,000
CCA request previously sent to tesco bank thought to be unenforceable SAR sent to Tesco Bank 15th April
Letters indicating they will take court action. Latest letters offering a discount to settle without court action. Letter received 06/05/22 dated 28th April to say they are getting ready for legal action.
Another letter received dated 09/05/2022 from the legal department stating they are in charge of getting a CCJ against me. The letter says if I do not get in touch by 19/05/2022 their solicitors will apply for a CCJ.
SAR received from Tesco bank Fri 27th May.

Ok so I have now received the SAR request from Tesco bank. The only issue is there must be around 300 pages of paperwork and I have no idea what I am looking for. The one thing I have found is a CCA for the loan account which all looks to be present and in tact. Any advice on what I am looking for here would be much appreciated. Thanks.

[The Tech Clerk]

send copy CCA (do not x anything out to):- webmaster@all-about-debt.co.uk and refer to this thread he will advise enforceable or unenforceable.

[Roger]

send copy CCA (do not x anything out to):- webmaster@all-about-debt.co.uk and refer to this thread he will advise enforceable or unenforceable.

As The Tech Clerk Says !!
What about the Other CCA and or correspondence with Wescott?
Look for Default Notices (and or references to Notice of Arrears). Reason for Loan -on their records!
If the Loan was in part to repay a Tesco debt! Is this in the correspondence?
Notice of Assignment and especially the Date on record with Tesco! And to whom?

Missing details should also be noted because if they are NOT in the SAR Intrum won't be able to get them!

[dmdm85]

As The Tech Clerk Says !!
What about the Other CCA and or correspondence with Wescott?
Look for Default Notices (and or references to Notice of Arrears). Reason for Loan -on their records!
If the Loan was in part to repay a Tesco debt! Is this in the correspondence?
Notice of Assignment and especially the Date on record with Tesco! And to whom?

Missing details should also be noted because if they are NOT in the SAR Intrum won't be able to get them!

Looks like I have quite a lot of work to go through all the paperwork. The loan agreement appears a few times and seems to have all relevant pages as in pages 1-6 of 6 so all seems to be complete. The credit card one from what I have found so far I am not convinced is complete. All they have sent is what I sent to Di and on here before when I was told it looked unenforceable. I am yet to find anything relating to intrum but I'm sure when I have a proper search tomorrow I will find something. I wasn't expecting it to turn up like a copy of the yellow pages there's a lot to go through. A lot of it looks like old credit card statements etc.

[dmdm85]

As The Tech Clerk Says !!
What about the Other CCA and or correspondence with Wescott?
Look for Default Notices (and or references to Notice of Arrears). Reason for Loan -on their records!
If the Loan was in part to repay a Tesco debt! Is this in the correspondence?
Notice of Assignment and especially the Date on record with Tesco! And to whom?

Missing details should also be noted because if they are NOT in the SAR Intrum won't be able to get them!

Ok so a little more info after searching through the paperwork. There is a small piece of correspondence between Tesco and wescot just stating the customer has asked for his CCA for his credit card. Tesco then reply stating please find attached. The only CCA I can find in the paperwork in relation to the credit card is exactly the same as the one that was emailed to me which is incomplete and was deemed unenforceable when I sent it on here. I will send this again to be checked now I have an official copy of it.

The loan CCA I am almost 100% certain is enforceable it all seems to be complete with all pages present but again I will send this to be checked aswell.

There seems to be a lot of references to default notices and notice of arrears. I can't find anywhere on the records on the reason for the loan but I am sure this would be in the paperwork somewhere but I may have missed this so will double check again.

Having looked through everything I can find absolutely nothing which mentions or relates to Intrum. This is surprising as when Intrum first contacted me there was a letter from Tesco bank in the same envelope so I would have expected to find this. Could it be that this was all too recent or should everything show in the SAR up to the generated date which seems to be the 23rd May?

I have not heard anything more from intrum since the last letter. Is there anything else I should be doing/looking for at this time?

Thanks All.

[Roger]

Ok so a little more info after searching through the paperwork. There is a small piece of correspondence between Tesco and wescot just stating the customer has asked for his CCA for his credit card. Tesco then reply stating please find attached. The only CCA I can find in the paperwork in relation to the credit card is exactly the same as the one that was emailed to me which is incomplete and was deemed unenforceable when I sent it on here. I will send this again to be checked now I have an official copy of it.

The loan CCA I am almost 100% certain is enforceable it all seems to be complete with all pages present but again I will send this to be checked aswell.

There seems to be a lot of references to default notices and notice of arrears. I can't find anywhere on the records on the reason for the loan but I am sure this would be in the paperwork somewhere but I may have missed this so will double check again.

Having looked through everything I can find absolutely nothing which mentions or relates to Intrum. This is surprising as when Intrum first contacted me there was a letter from Tesco bank in the same envelope so I would have expected to find this. Could it be that this was all too recent or should everything show in the SAR up to the generated date which seems to be the 23rd May?

I have not heard anything more from intrum since the last letter. Is there anything else I should be doing/looking for at this time?

Thanks All.

Now this is important you have the evidence that Wescott contacted Tesco re CCA. That is very important!
A Unsecured Loan of this size is highly unusual. But this was used to repay (in part ) existing Debt. This is very important it means in part this wasn't NEW money.

Does the DSAR give particulars of these Default Notices , Sums in Arrears. Precise wording is very important with these Notices and also they should have been delivered by Snail MAIL. Always remember that the CCA 74 is essentially a Snail Mail legislation. Especially for the delivery of key Documents/Notices.

[dmdm85]

Now this is important you have the evidence that Wescott contacted Tesco re CCA. That is very important!
A Unsecured Loan of this size is highly unusual. But this was used to repay (in part ) existing Debt. This is very important it means in part this wasn't NEW money.

Does the DSAR give particulars of these Default Notices , Sums in Arrears. Precise wording is very important with these Notices and also they should have been delivered by Snail MAIL. Always remember that the CCA 74 is essentially a Snail Mail legislation. Especially for the delivery of key Documents/Notices.

Thanks for the reply. Could you explain what the relevance is that I have evidence wescot contacted Tesco bank? Sorry I'm just a bit confused how this helps me. Also what specific details am I looking for in the default notices and sum of arrears? Again with regards to the unsecured loan I don't really understand what difference it makes what the loan was used for. Apologies for all the questions I just want to try and make sure I am understanding all this.

[Roger]

Thanks for the reply. Could you explain what the relevance is that I have evidence wescot contacted Tesco bank? Sorry I'm just a bit confused how this helps me. Also what specific details am I looking for in the default notices and sum of arrears? Again with regards to the unsecured loan I don't really understand what difference it makes what the loan was used for. Apologies for all the questions I just want to try and make sure I am understanding all this.

Intrum won't know you have requested from Tesco's Agent Westcot a CCA and that what you received was UE.
Does the DSAR show summary figures and or dates against the default notices and or the sum of arrears entries? I
I explain the CCA is very precise about the contents and format of Default Notices and Sum of Arrears. You can't presume from an entry that the Default |Notice and or Sum Of Arrears was correct in format and in dates and figures!
The Loan CCA may or may not be EN but if this was known by Tesco to have been used to pay off existing Debt. Then the question arises as to whether that prior Debt was UE or not. Its called dressing a turd.

[dmdm85]

Intrum won't know you have requested from Tesco's Agent Westcot a CCA and that what you received was UE.
Does the DSAR show summary figures and or dates against the default notices and or the sum of arrears entries? I
I explain the CCA is very precise about the contents and format of Default Notices and Sum of Arrears. You can't presume from an entry that the Default |Notice and or Sum Of Arrears was correct in format and in dates and figures!
The Loan CCA may or may not be EN but if this was known by Tesco to have been used to pay off existing Debt. Then the question arises as to whether that prior Debt was UE or not. Its called dressing a turd.

Not sure if this is important information or not but when I was going through the SAR paperwork I also went through bank statements from when the loan was received to see what existing debt was paid off with it, I have this listed below.

Existing Santander personal loan £13,600 (settled)
Tesco bank Credit Card £5000 (the other account now with intrum)
Barclaycard credit card £2000 (currently with PRA)
MBNA credit card £600 (still with MBNA)

So in total over £21,000 of this was used to pay existing debt. I know it sounds bad but I kind of forgot where it all went as I was so lost in it all at the time.

It may also be worth noting that when I first started getting in to difficulty I made an irresponsible lending claim which eventually the ombudsman went in favour of Tesco bank. All the correspondence for this was in the SAR. The reason for this being that I was surprised to get a personal loan if that size when I already had an existing loan with a £13,600 balance through Santander. I guess if I put that the reason for the loan was to pay existing debt then Tesco bank would have not taken the other loan in to consideration when lending. Apologies I appreciate this is a lot more information to take in but going through the SAR has jogged my memory in other areas that may be of importance.

[Roger]

Not sure if this is important information or not but when I was going through the SAR paperwork I also went through bank statements from when the loan was received to see what existing debt was paid off with it, I have this listed below.

Existing Santander personal loan £13,600 (settled)
Tesco bank Credit Card £5000 (the other account now with intrum)
Barclaycard credit card £2000 (currently with PRA)
MBNA credit card £600 (still with MBNA)

So in total over £21,000 of this was used to pay existing debt. I know it sounds bad but I kind of forgot where it all went as I was so lost in it all at the time.

It may also be worth noting that when I first started getting in to difficulty I made an irresponsible lending claim which eventually the ombudsman went in favour of Tesco bank. All the correspondence for this was in the SAR. The reason for this being that I was surprised to get a personal loan if that size when I already had an existing loan with a £13,600 balance through Santander. I guess if I put that the reason for the loan was to pay existing debt then Tesco bank would have not taken the other loan in to consideration when lending. Apologies I appreciate this is a lot more information to take in but going through the SAR has jogged my memory in other areas that may be of importance.

Myself included before coming to AAD! Debt can make you feel so low!
But you are taking control here and yes THIS INFORMATION IS IMPORTANT because the Loan CCA may well be EN but it wasn't New money. It was a Consolidation Loan for existing Debts hence being Unsecured! As an example the Tesco Credit Card Debit with an UE CCA was one of those Debts!

There is also the irresponsible lending claim!
All of this is important in your dealings with Intrum. Remember Intrum when they brought the Debts had minimal information!
Remember Good Diaries make for good decisions!
If or when Intrum progress against you with say a Letter Before Claim (LBC) then contact Colin G Quinn the first consultation is free.
Refering back to your Diary!
Silence with Intrum and refer back here for any letters etc that they send!
AAD is a Great Place to be!!

[Still Waving]

Not sure if this is important information or not but when I was going through the SAR paperwork I also went through bank statements from when the loan was received to see what existing debt was paid off with it, I have this listed below.

Existing Santander personal loan £13,600 (settled)
Tesco bank Credit Card £5000 (the other account now with intrum)
Barclaycard credit card £2000 (currently with PRA)
MBNA credit card £600 (still with MBNA)

So in total over £21,000 of this was used to pay existing debt. I know it sounds bad but I kind of forgot where it all went as I was so lost in it all at the time.

Something not quite right here. If the 3 credit cards are still outstanding, you didn't use the loan to pay them off. Is it a case that you SAID those accounts would be cleared, but that you didn't do it?

[dmdm85]

Something not quite right here. If the 3 credit cards are still outstanding, you didn't use the loan to pay them off. Is it a case that you SAID those accounts would be cleared, but that you didn't do it?

So looking back I didn't quite clear the balances in full on the cards just the loan and then I stupidly carried on using them after. I still feel quite ashamed to admit that a lot of this was due to excessive gambling at that particular time and also replacing windows and boiler etc at home.

[Roger]

So looking back I didn't quite clear the balances in full on the cards just the loan and then I stupidly carried on using them after. I still feel quite ashamed to admit that a lot of this was due to excessive gambling at that particular time and also replacing windows and boiler etc at home.

I don't think you are alone on AAD. Nobody judges here! The Diary approach really does help take control of Debt.
Its also good to read other diaries as long as you understand that tactics and indeed the Law (especially Case Law) changes over time.

Consolidation Loans present problems to the DCA's. Lets put it like that!
You are doing well!

[Still Waving]

I don't think you are alone on AAD. Nobody judges here! The Diary approach really does help take control of Debt.

Yes, not judging, just trying to get clear the ACTUAL situation. It helps us and the OP.

[dmdm85]

Yes, not judging, just trying to get clear the ACTUAL situation. It helps us and the OP.

No problem I didn't take it as people being judgemental, I actually appreciate people taking the time to ask the questions about details I may have missed so thank you.