CCA check

[nightwatch]

Updated for new letter received today stating they are going to get a CCJ against me if I do not contact them by 19th May.

hi, as I said in an earlier post

THEY CAN'T JUST ISSUE A CCJ.

as others have said, they have to follow rule and regulations to even start the court process, it is not going to happen over night.

they are trying ( and winning) to frighten you into paying them.

So they MAY start off accepting a low payment from you, then will keep badgering you to increase it, then out of the blue will still issue court papers, because you have paid them, they will use that as an admission that you accept they have a legal right to claim for the debt.

Can I ask why the debt was thought to be UE.

I know mine was UE because they never did sent the correct T&C's from inception, just kept passing it to different collection agencys, who always sent T&C's from odd dates, every time I sent a sold in dispute letter.

NW

[Roger]

1st Credit got into trouble with the regulator because of using Bankruptcy proceeds against Consumer Credit Debts.
They threatened Me but AAD kept me well informed and it all faded away!

You are holding the Cards here! Look these Debts are unsecured and low priority. This means that your living Costs take precedence over Unsecured Debt! With increasing food prices, fuel and rising living Costs my surmise is there won't be any surplus monies. Threaten what they may but they will not get an instant CCJ and if they were foolish enough to start that process the Court can't force blood out of a stone! Wouldn't it be great £1 per month for ever!

So one thing at a time. The first have to issue a Letter Before Claim (LBC) and wait 30 days before going further and if a LBC turns up contact Colin G Quinn first consultation is free.

[dmdm85]

Hi all apologies for the late reply. I have attached a copy of the latest letter received.

[dmdm85]

hi, as I said in an earlier post

THEY CAN'T JUST ISSUE A CCJ.

as others have said, they have to follow rule and regulations to even start the court process, it is not going to happen over night.

they are trying ( and winning) to frighten you into paying them.

So they MAY start off accepting a low payment from you, then will keep badgering you to increase it, then out of the blue will still issue court papers, because you have paid them, they will use that as an admission that you accept they have a legal right to claim for the debt.

Can I ask why the debt was thought to be UE.

I know mine was UE because they never did sent the correct T&C's from inception, just kept passing it to different collection agencys, who always sent T&C's from odd dates, every time I sent a sold in dispute letter.

NW

Hi ok so this is what happened. The debt was passed over to Wescot to handle who I had an email from. At that stage I was responding to letters etc as I was not on this forum. I emailed back to say I was not replying to any contact as i was going to send Tesco Bank a CCA request. A week or so after I had a CCA sent to me from wescot saying please find documents attached after your recent request. I still have these letters and I forwarded them on to Di who had a look and said it was not an enforceable agreement. So in theory I am not sure if this is an official CCA request as I never actually sent Tesco Bank the letter direct. With regards to my loan account that Intrum have purchased I have never sent a CCA request for this. I would be extremely surprised if this was not enforceable as it was opened online in 2016. Intrum however do not seem to send many letters relating to this account only the smaller credit card debt which I find a bit strange.

[Roger]

Hi ok so this is what happened. The debt was passed over to Wescot to handle who I had an email from. At that stage I was responding to letters etc as I was not on this forum. I emailed back to say I was not replying to any contact as i was going to send Tesco Bank a CCA request. A week or so after I had a CCA sent to me from wescot saying please find documents attached after your recent request. I still have these letters and I forwarded them on to Di who had a look and said it was not an enforceable agreement. So in theory I am not sure if this is an official CCA request as I never actually sent Tesco Bank the letter direct. With regards to my loan account that Intrum have purchased I have never sent a CCA request for this. I would be extremely surprised if this was not enforceable as it was opened online in 2016. Intrum however do not seem to send many letters relating to this account only the smaller credit card debt which I find a bit strange.

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!

[nightwatch]

Thanks for your reply.

If Di thought it was UE, then I would think it is.
Unfortunately , Di is no longer on the site due to ill health.
you could send a formal CCA request to Intrum, using the template from this site, along with the £1 fee, get proof of posting, see what they send back, it may be the same as wescot sent. It may not.
but it may halt the letters,
They don't know if you have any idea if it is UE or not, because they don't either.
They buy the debts in a job lot, with little or no information and take the chance of getting some money out of a few using the scare tactits.

NW

[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.

[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.

[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?

[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]

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!

[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.

[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.

[The Tech Clerk]

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

[nightwatch]

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

then wait again.