Robesco - Tesco Credit Card diary

[Robesco]

Originally a Tesco credit card
Taken out around 2006 (ish)
Original credit limit £3000
Last full payment around late 2007
Defaulted 19/12/2007
2009 Payments made via Stepchange DMP
07/07/2019 CCA request sent
30/07/2019 Letter received that CCA request was not properly signed, please sign enclosed form & return
21/08/2019 Form with signature returned

Never had any reply!

19/12/2019 - After 10 years on Stepchange DMP, stopped all payments
09/03/2021 - Account assigned to Intrum Personal Finance

[Robesco]

A couple of questions on this one.

I guess there is a chance Tesco still hold the original agreement but simply misplaced my signed form they requested.

Q1 - Do I send a sold while in dispute letter (is that still the advice given?)

Q2 - As I've seen other posts from Jo / Di about Intrum not being properly licenced does this change the action I should take?

Thanks

[PlanB]

I've seen other posts from Di about Intrum not being properly licenced does this change the action I should take?

Hello

If I've understood your post correctly you sent a CCA Request to Tesco in July 2019 and they didn't comply with your request so the debt is currently unenforceable.

Post on your thread each and every letter you get from Intrum and the forum members will guide you every step of the way. I see no need for you to engage with Intrum at this stage.

Di

[Timewilltell]

I currently have a Tesco sold to Intrum and to be honest they are worse than a wet paper bag. All they want to do is offer discounts each month for a settlement. As far as I’m concerned I just file their love letters away until something with a bit of punch shows up.

[Timewilltell]

Rob I wouldn’t personally send any letter at this stage, play the long game, the longer you leave them to play with themselves the nearer you get to Statute Barred, they will play for a few months maybe first year then get bored if you don’t respond. They might then reappear after another year, unless you get a court letter of claim then, I’d just get on with life.
By all means post up here to get reassurance and support as you feel you need it, update your diary accordingly just so the clever ones amongst us can give best advice.

[The Tech Clerk]

no CCA no contact with them.

[Gerry Jemitus]

A couple of questions on this one.

I guess there is a chance Tesco still hold the original agreement but simply misplaced my signed form they requested.

Q1 - Do I send a sold while in dispute letter (is that still the advice given?)

Q2 - As I've seen other posts from Jo / Di about Intrum not being properly licenced does this change the action I should take?

Thanks

It is possible that Tesco have a copy, but unless/until they provide one, the debt is unenforceable.

While they are in default of your CCA request, there is no benefit in making contact. Let sleeping dogs lie.

[Warwick65]

The basic line is to do whatever you can to avoid a claim. If a claim comes you can reassess but try to avoid it. I believe my one and only claim came about because 1) I got a new credit card and 2) I took my eye off the ball after receiving a letter of claim.

[PlanB]

Originally a Tesco credit card
Taken out around 2006 (ish)
Original credit limit £3000
Last full payment around late 2007
Defaulted 19/12/2007
2009 Payments made via Stepchange DMP
07/07/2019 CCA request sent
30/07/2019 Letter received that CCA request was not properly signed, please sign enclosed form & return
21/08/2019 Form with signature returned

Never had any reply!

May I just double-check something in your original post.

Did you send the £1 statutory fee with your CCA Request and if so was that returned by Tesco when they sent you a form to sign?

And then did you re-send the £1 statutory fee when you returned the signed form to Tesco, and did you also get Proof of Posting?

I ask because it's odd that you had to sign a form not simply resubmit your CCA Request.

It's important because if things aren't done by the book the CCA Request may not be valid.

Don't send another one to Intrum at this moment in time, but it's a case of 'better safe than sorry' to establish (discreetly) whether this debt is currently unenforceable before relying on that, and then finding out it isn't.

Di

[Robesco]

Hi,

Did you send the £1 fee = Yes
Did they return it = Not as far as I recall
Did I send it again = No

Did I get proof of posting = Yes, but all I now have is the tracking ref from RoYal Mail and a a screenshot from the track & trace showing it was signed for. It doesn't show the address it went to though. Might be able to get Royal Mail to confirm based on the tracking number.

It also shows the signed for date as 17/10/2019 so roughly 10 weeks later, probably me not replying very quickly.

[Warwick65]

Somewhere on this site his a brilliant letter that basically says

1) There is no requirement within the CCA for a signature
2) If you are not sure about my identity, why are you writing to me at this address providing personal info

It kind of gets them stuck as if they have been writing to you at that address without knowing your identity the ICO might be interested.

In all my many CCA requests the only people who wanted a signature was RBS but they backed down when I sent the above letter. That was in the days when a digital signature was just writing your name in a fancy font- now I have a digital signature I just drag and drop onto my word document - thank you google for helping me know how to do that. - I have just signed a raft of timesheets that way and they were happy with it.

[PlanB]

Hi,

Did you send the £1 fee = Yes
Did they return it = Not as far as I recall
Did I send it again = No

Did I get proof of posting = Yes

Hello Robesco

I've removed the image you uploaded to protect your identity (you blanked out your name etc but the date and other potential clues were showing on the letter).

Having read the letter it may be they confused your CCA Request with a Subject Access Request, which would be their problem not yours. Did you keep a copy of the original letter you sent?

Proof of Posting should be enough to evidence you sent the Request because it should have the address/post code on the receipt.

It's not urgent or important at this stage but I thought I should check so you don't lull yourself into a false sense of security, and also because I'm a stickler for details!

Di

[Robesco]

Did you keep a copy of the original letter you sent?
Di

I've checked the original CCA request as I did CCA and SAR some lenders but not Tesco, it was just a CCA request using the standard template and £1 cheque. As far as I can see they have acknowledged my request by replying with their form and then failed to supply the CCA. If the CCA does not need a signature then I guess the form I returned is immaterial as they had and acknowledged a CCA request.

Proof of Posting should be enough to evidence you sent the Request because it should have the address/post code on the receipt.
Di

I dont have the original proof of posting receipt, it was sent recorded delivery and online it just says your parcel with tracking number xxxxxxx was delivered on xxxxxx and signed for by xxxxxx. It doesn't have any postcode of proof of where it went! I'm assuming Royal Mail might be able to provide that info though.

If the CCA does require a signature I did provide one as requested but I'll have to do some extra work to provide evidence I posted it.

I'll treat this one with caution and see what Intrum say.

[Warwick65]

This is where my OCD comes in- I keep a copy of the receipt from the post office which has the postcode and tracking number , then I print off a copy of the post office track and trace so they match up.

On the RM website it usually says which office delivered it - it would be odd if southend delivered it when you sent it to Edinburgh :-)

The fact they acknowledged your request means they received it

[PlanB]

it was just a CCA request using the standard template and £1 cheque. As far as I can see they have acknowledged my request by replying with their form and then failed to supply the CCA. If the CCA does not need a signature then I guess the form I returned is immaterial as they had and acknowledged a CCA request.

I'll treat this one with caution and see what Intrum say.

That's exactly what you should do - treat letters from Intrum with caution, but not necessarily reply or react to them.

Post updates on your thread for help as and when you get a letter.

I tend to ask lots of questions to make sure you know where you stand before making my suggestions as to your next step, not to unsettle you

Di