yours-debtfull's diary of debt & despair

[yours-debtfully]

Re: yours-debtfully's diary of debt & despair

Hi everyone,

I received a response from Tesco (as edited above) and I've read the guide but I still can't work out whether it's unenforceable or not. Could anyone help me with it please?

Thanks, yours-debtfully

[Undercover Elsa]

Re: yours-debtfully's diary of debt & despair

Hi Y-D

Wow, that was quick!
Ok, you need to send it to Niddy so he can have a look-see to see if it's UE.

Here's a link I prepared earlier: User Guide - Sending your Agreement to Niddy - allaboutFORUMS

which explains how to do it. Note it needs to be totally unedited. Only Niddy will see it.

Then just pop a note on here when you've done it. Simples!

Good luck xx

[yours-debtfully]

Re: yours-debtfully's diary of debt & despair

Emailed Niddy

Marvellous! Thanks Sheperdess.

yours-debtfully

[nanna58]

Re: yours-debtfull's diary of debt & despair

How are you doing with your cards ?

[yours-debtfully]

Re: yours-debtfull's diary of debt & despair

Sorry for the late reply nanna58, only 14 months late

I've updated my Tesco credit card post above but here it is below. If anyone has any comments I would be very grateful for some feedback


01.06.16 - I have continued to receive letters from TPF chasing the debt, more latterly I have been getting hounded by Robinson Way by letter and phone but have managed to avoid taking any calls so have not spoken to or acknowledged any calls from them. Recently though I received a letter from Howard Cohen & Co Solicitors on behalf of RW's clients, TPF. The letter is a Notice of Pending Legal Action and contains all the usual scaremongering. Does anyone have any experience of these people and do they proceed to court ever?

[MrsD]

Re: yours-debtfull's diary of debt & despair

unfortunately they proceed, often. Is there an outstanding CCA on this one?

[yours-debtfully]

Re: yours-debtfull's diary of debt & despair

unfortunately they proceed, often. Is there an outstanding CCA on this one?

Thank you MrsD
No, I requested a copy of the agreement in 2012 and received one back, sent it to Niddy and he said it was enforceable.

[Never-In-Doubt]

Re: yours-debtfull's diary of debt & despair

Glad you got logged in eventually and received my email.

Send a new s.78 and £1 fee to Rob Way for CCA docs.

[yours-debtfully]

Re: yours-debtfull's diary of debt & despair

I did thank you very much Niddy. It was good of you to resurrect this thread

Great will get that off ASAP.

[BuzzyBee]

Re: yours-debtfull's diary of debt & despair

I've updated my Tesco credit card post above but here it is below. If anyone has any comments I would be very grateful for some feedback


01.06.16 - I have continued to receive letters from TPF chasing the debt, more latterly I have been getting hounded by Robinson Way by letter and phone but have managed to avoid taking any calls so have not spoken to or acknowledged any calls from them. Recently though I received a letter from Howard Cohen & Co Solicitors on behalf of RW's clients, TPF. The letter is a Notice of Pending Legal Action and contains all the usual scaremongering. Does anyone have any experience of these people and do they proceed to court ever?

What does the letter say? A letter from solicitors may well be a letter of claim, which they should send before issuing proceedings. If it's a letter of claim, you have to respond. Responding often has the effect of avoiding a claim so it's worth replying with the LBA response. This is a separate response from the CCA s.78 request.

[BuzzyBee]

Re: yours-debtfull's diary of debt & despair

Thank you MrsD
No, I requested a copy of the agreement in 2012 and received one back, sent it to Niddy and he said it was enforceable.

Four years later, they may not be able to get hold of that document any more.

[yours-debtfully]

Re: yours-debtfull's diary of debt & despair

BusyBee the letter is entitled Notice of Pending Legal Action

It begins..... We have been requested by our client's agent, Robinson Way Limited, to write to you regarding the above outstanding debt.

Unless acceptable proposals for paying the amount you owe are received within 10 days of the date of this letter, we are instructed to issue proceedings in the County Court with a view to obtaining a CCJ..... threat, costs, threats, interest, threats etc.

If you are unable to pay the full balance in 10 days, please contact our client's agent RW to discuss affordable payment arrangement....

It may be worth noting that I have successfully avoided any contact with anyone in relation to this debt for 4 years. Will contact with RW have the effect of restarting the clock?

[Never-In-Doubt]

Re: yours-debtfull's diary of debt & despair

You don't have to respond to anything. That's quite incorrect.

Send for a CCA as advised. That's key right now.

[cymruambyth]

Re: yours-debtfull's diary of debt & despair

If you use one of the AAD letters it won't restart the clock as they are written to avoid this. I can see Jo and Niddy are also on the thread and they will give the best advice re your LBA.

[Never-In-Doubt]

Re: yours-debtfull's diary of debt & despair

It may be worth noting that I have successfully avoided any contact with anyone in relation to this debt for 4 years. Will contact with RW have the effect of restarting the clock?

No it doesn't affect SB if you use the template found in our templates.

-> http://forums.all-about-debt.co.uk/s...mplate-Letters

Send a new CCA (and fee) to RW ASAP.