Moonmonkey's Diary

[Moonmonkey]

Tesco Personal Loan / Hoist Robinson Way

Agreement Start Date: 25/01/2010
Feb 20 Balance: £886.91
Last Payment via Payplan: 15 Feb 2020 £78.97
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
We can confirm that we have received a CCA request.
In order for us to request these documents we have had to cancel the payment arrangement that was in place. (good cos I have cancelled the standing order)

Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.

Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA for this one

02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed

Update - just a filed letter from Robway

[nightwatch]

They may have a CCA for this (tesco) but it may not be valid.

[Moonmonkey]

They may have a CCA for this (tesco) but it may not be valid.

well they need to send it to me then !! i expect them to have something as 2010 loan.

[scottygees]

For what it’s worth I also had both a loan and a credit card for Tesco, both now owned by hoist and managed by Robinson Way. They have yet to provide agreements for either from my request 3 years ago.

[Moonmonkey]

For what it’s worth I also had both a loan and a credit card for Tesco, both now owned by hoist and managed by Robinson Way. They have yet to provide agreements for either from my request 3 years ago.

thats cool - do they bombard you ?

[scottygees]

thats cool - do they bombard you ?

I expected them to but have had very little correspondence from them, one letter every 6 months, usually a statement which they are legally obliged to send!

[Warwick65]

Remember, a CCA request is only the first arrow in our quiver with which to attack the debt purchasers. There are then things like Default Notices, Assignment and of course authorisation.

I had a credit card from 2010 that was closed even though the CCA request seemed valid and another credit card with what looked like a solid cca response but no default . Finally I had a 15K loan with again what looked like a really good agreement and default notice that is now statute barred after my ignoring 20%, 30%. 50%, 75% and I think finally a 90% discount offer.

[Moonmonkey]

Tesco Personal Loan / Hoist Robinson Way

Agreement Start Date: 25/01/2010
Feb 20 Balance: £886.91
Last Payment via Payplan: 15 Feb 2020 £78.97
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
We can confirm that we have received a CCA request.
In order for us to request these documents we have had to cancel the payment arrangement that was in place. (good cos I have cancelled the standing order)

Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.

Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA for this one

02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed

03/04/2020 - Another letter from Robway saying that they are waiting for a response from Tesco (re CCA) and my account is on hold until then. Yesterday they were chasing me for money - make your mind up

Update - a boring one but an update

[Never-In-Doubt]

Hi Roger,

I am watching this post for some time as I am in the exact situation like Moonmonkey. Just to share my own experience about Barclays late default. I had two Barclaycards credit cards opened in 2007 and 2008. In 2010, I went into financail difficulties and stoped paying. Barclays closed my both accounts and I agreed some reduced paymenst with Barclays. Barclays sent me default notice within first year but they never put defaults on my credit file and they kept reporting late payments to credit ref agencies. In 2013, Link purchased both accounts and they replaced barclays accounts on my credit file with Link with late payments. In 2016, I realised this mistake and asked Link to default my accounts but they refused, then I submitted my complaint to barclays and barclays upheld my compalint and told Link to default both accounts backdated to 2013. I am good at keeping records and have all paper work and letters from Barclays and Link to prove this including old credit reports from Experian and Noddle.

I sent CCA requests to Link in mid feb and so far just received standard letter and nothing else and now also sent SAR to Barclays as well.

Hiya johnbruce

Have a read of this - this will explain the differences between the defaults. --> https://all-about-debt.co.uk/forum/d...87-s88-cca1974

What you need to bear in mind is that if you start a DMP before the lender has added a default then they do not need to add one, instead they can leave running monthly D / 8 / etc markers (ie payment late).....

The issue here is the dates - need you to be specific -

1. When did you last make a full payment to the card?
2. After the above, when did you commence the DMP and make the first payment?

If the difference between 1 and 2 is greater than 6 months then the bank has acted unlawfully and in breach of the Principles for the Reporting of Arrears, Arrangements and Defaults, so it's easier to get it removed.

Additionally, has a default entry ever been visible on the account with a CRA - whether it was and changed / deleted etc?

I might miss any reply so if so, email me please. My email is below in my signature.

[Never-In-Doubt]

Update - a boring one but an update

Haha - ignore them, see what they do next

[Joanna Connolly Solicitors]

AAD have an exceptional Association with Jo whose firm is outstanding and there first discussion is free.
Jo & Di fought and won a massive battle for which I and my family are very grateful!

Always happy to go into battle against the debt purchasers

Di

[Never-In-Doubt]

Always happy to go into battle against the debt purchasers

Di

Challenge Di lol

think challenge anneka but in court instead!

[Joanna Connolly Solicitors]

I just discovered this forum and will set up my own diary next week.

Hello johnbruce

I look forward to helping you with your debts when you start your own Diary.

You say in your post that you have two old Barclaycards from 2007/8 - do you have any other debts which may need help?

I also see that Link has not complied with your CCA Requests to them so those debts are unenforceable unless or until they do comply. Are you still paying Link?

Start a new thread and we'll take it from there.

(it's too soon to send a SAR to Barclays just yet.)

Di

[johnbruce]

Hello johnbruce

I look forward to helping you with your debts when you start your own Diary.

You say in your post that you have two old Barclaycards from 2007/8 - do you have any other debts which may need help?

I also see that Link has not complied with your CCA Requests to them so those debts are unenforceable unless or until they do comply. Are you still paying Link?

Start a new thread and we'll take it from there.

(it's too soon to send a SAR to Barclays just yet.)

Di

Hi Di,

Thank you for your post. Yes, I have total 5 debts , 4 credit cards and 1 personal loan. I was paying £1 token payment each month to all including Link but now I have stopped payments after they not complied with my CCA requests. 4 debts are with Link which they purcchased from Barclays, MBNA and Coop bank (persoanl loan) and 1 debt is with Intrum which Intrum purchased from Tesco bank.

Right now I am busy with my IT exam and struggling to do one online Proctor exam due to Covid 19 situation. I will start my own diary hopefully within 2/3 weeks.

[Joanna Connolly Solicitors]

Hi Di, Thank you for your post.

. . . 4 debts are with Link which they purcchased from Barclays, MBNA and Coop bank (persoanl loan) and 1 debt is with Intrum which Intrum purchased from Tesco bank.

You've definitely got your priorities right focusing on your exams.

We'll catch up when that's all done but in the meantime you may like to see what Jo recently posted about Intrum >

Intrum UK Finance Limited is not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

We look forward to using the same legal arguments in the future against Intrum UK Finance Limited which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

Intrum also have issues with their assignment process and documentation.

If you are currently defending a claim with Intrum, whether stayed or ongoing, or they have obtained a Default Judgment against you and you have any query please post any queries on this thread..

Good luck with your exams

Di