CCA check

[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]

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.

[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.

[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!

[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.

[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.

[nightwatch]

it's just a chase up letter, EG, I requested, you havent actioned, whats happening?

then wait again.

[The Tech Clerk]

wait another week after which if no response on line complaint to ICO

[dmdm85]

So still nothing from Tesco bank on the SAR. Yesterday was officially the end of the 30 days so if nothing is received today then they are definitely outside of the 30 day limit. What is the next step with regards to this? Thanks.

[dmdm85]

There letter is the Darling BUDS of MAY!

This information is of the greatest importance. The CCA request plus £1(I surmise this didn't happen) however Wescot was then the Agent. Was this before Intrum purchased the two Debts? Westcot obviously asked Tesco Bank for the CCA. This should show in the SAR! The point is does Intrum or Tesco know that the the CCA request excluded the £1? AND YOU DON'T WANT TO GIVE INTRUM THE OPPURTUNITY TO PUT THIS RIGHT!

As regards the Loan (which is UNSECURED? ) it may have been an online application BUT what is pertinent was it was in part used to repay existing Debt! Tesco surely didn't pay out this amount without questioning the purpose of the Loan! The how and what you actually did with the monies curiously is less important. Your ability to show repayment of existing Debt is pertinent. The fact that Intrum are NOT climbing all over you over this Debt IS significant!

The SAR here is important because Intrum cannot know more than what Tesco have/hold!

Tactics are important! So is knowledge. Sit tight and wait for their next move!

Hi Roger yes this was before Intrum purchased the 2 debts.

[Roger]

Niddy/ webmaster, is the only one that sees them, he has a secure site, so no one else can see what you send him.
Di used to check them if you sent them to her. Again no one should be able to gain access to what is sent to and from her private email.

Apologises if I misled here nightwatch explains Niddy IS THE ONLY ONE WHO SEES THEM !
Di's opinion however is because you sent her a copy! Di has considerable experience over many years!

My point here is that Intrum are not a Charity! They would not hesitate to Sue if they thought they could WIN. Instead you are seeing threats and are a very long way away from a CCJ.
You have a record of previous letters and emails (that you have retained) before coming to AAD you really need to see what Tesco have or don't have on record here hence the SAR. Especially what information they hold between Wescot (their agent) and themselves before the sale to intrum!
Put any savings away towards a fighting fund, when or if this is ever needed!

Silence here really is the best response! By NOT sending a CCA request (plus £1) you a preventing Intrum from putting their ducks in a row! When these Debts are sold very little information if any is actually passed to the DCA's!

[nightwatch]

Niddy/ webmaster, is the only one that sees them, he has a secure site, so no one else can see what you send him.
Di used to check them if you sent them to her. Again no one should be able to gain access to what is sent to and from her private email.

[Roger]

I have just noticed I also sent the letters to webmaster@all-about-debt.co.uk on the 20th October 2020 so I guess somebody on here would have looked at them aswell.

Ok so should I send 2 separate CCA requests one for the loan and one for the credit card? I have still not received anything back with regards to the SAR sent to Tesco Bank. This was sent on the 19th April.

NO DO NOT SEND CCA requests at this time! Tactics and recommendations have changed over time and AAD advice is of current tactics!
Niddy is the webmaster and would have reviewed the documents Di's comments stand.

As regards TESCO again they have 30 days to respond they still have time don't they!
I understand that doing nothing seems contrary to normal business practice! But this is about legal position's. Knowledge and tactics
Itrum have issues over FCA registration as you now know.
They would have to pay up front to the Court a significant amount to Sue you and in the End what would they get? What in the present climate could you afford a £1 per month?

[dmdm85]

I have just noticed I also sent the letters to webmaster@all-about-debt.co.uk on the 20th October 2020 so I guess somebody on here would have looked at them aswell.

[dmdm85]

Ok so should I send 2 separate CCA requests one for the loan and one for the credit card? I have still not received anything back with regards to the SAR sent to Tesco Bank. This was sent on the 19th April.