fwil's diary

[fwil]

Updated Tesco 17/1/18

Background: My DMP of 2 years ended due to missing payments, planning to go self-regulated DMP if all debts (approx 15k) are enforceable.

• Type of account Tesco credit card
• Date commenced 6/1999
• Approx balance £4500
• Date last paid July 2012
• Are you on arrangement or not paying not paid not paid since last DMP payment in March 2015
• Status Default since December 2012
• Account owner Tesco

AUGUST 2015
- Received letter requesting immediate payment of full amount.
SEPTEMBER 2015
3rd: Sent CCA query letter
10th: Phonecalls from Tesco, voicemails left requesting contact by phone
14th: Received letter advising they may pass to DCA as no payment arranged.
15th: Received letter dated 10th requesting matching signature
21st: Received letter dated 17th advising may place with an external DCA, pay full amount immediately or arrange repayment plan
OCTOBER 2015
10th: Received letter dated 6th offering full and final settlement 20% less than balance within 10 days. or likely to be passed to DCA "may visit your home"
NOVEMBER 2015
14th: Letter from Moorcroft saying Tesco they are acting as collection agent.
25th: Letter from Moorcroft saying to contact within 7 days or they will recommend Tesco consider further action.
...
AUGUST 2016
1st: Moorcroft passed back to Tesco after Sold While in Dispute sent
15th: Tesco passed to RobWay
NOV 2016
8th: RobWay offered balance reduction
....
FEB 2017
Back with Tesco, passed to Wesco
MAR 2017
Wesco offered balance reduction
....
JAN 2018
Tesco: We have assigned to L0well. Includes intro letter from L0well asing for call to discuss.


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• Type of account Co-operative Bank / Smile Loan
• Date commenced 2008
• Approx balance £6000
• Date last paid 2013
• Are you on arrangement or not paying not paid not paid since last DMP payment in March 2015
• Status '6 months' going back 2 years!

• Account owner Co-op

SEPTEMBER 2015
3rd: Sent CCA request
11th:Received CCA, uploaded to secure thread.
16th:

OCTOBER 2015
8th: Received letter dated 5th - "We have not yet received a response, please contact us"
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[MrsD]

Re: fwil's diary

welcome to AAD

nothing to say that anything post 2007 has been correctly executed.

who's credit card is it? and is it still with the original lender?

I would hold off "doing" any DMP for the moment, is it self-regulated or are you with a company or charity?

Sorry for all the questions but it helps us to have a fuller picture of what is going on.

Are you sending CCAs for all of your debts? and have they all been defaulted?

[fwil]

Re: fwil's diary

Thanks MrsD, have edited my first post with more detail

[MrsD]

Re: fwil's diary

OK I'd wait and see what comes from the CCA and if you have stopped paying the rest I would also send CCAs, no harm in seeing what is what with those as well. Remember, knowledge is king in these things.

Why is one not defaulted if you have been on a DMP? How long has the DMP been running?

[fwil]

Re: fwil's diary

OK I'd wait and see what comes from the CCA and if you have stopped paying the rest I would also send CCAs, no harm in seeing what is what with those as well. Remember, knowledge is king in these things.

OK, i'll do the lot! I was probably thinking i'd test the water with the one most likely to be unenforceable (imho).

Also, as it amounts to a third of my total debt I feel morally entitled to that being written off due to the snowballing effect of interest and fees caused by irresponsible lending while I was naively attempting to consolidate my debts. (I'll never forget being told to put an 8k consolidation loan down as 'for home improvements, that'll go through' by one adviser at the UK's 'most ethical bank') So I'm angry enough to fight the system over some of the debt but I also accept responsibility for some of the borrowing that started the whole mess in the first place!

Anyhow, as you say, no harm in seeing what is what with the others so I'll put them through too...

Why is one not defaulted if you have been on a DMP? How long has the DMP been running?

Here's the screenshot from my credit file for that loan: (not sure why Callcredit and Equifax have different versions) Not sure if its standard, but the '6' stands for six months in arrears.



My CCCS/Stepchange DMP started Sept 2012 and has just ended due to missed payments.

Thanks for your help!

[Never-In-Doubt]

Re: fwil's diary

Here's the screenshot from my credit file for that loan: (not sure why Callcredit and Equifax have different versions) Not sure if its standard, but the '6' stands for six months in arrears.

That is nonsense, they cannot leave a trailing 6 for that long - you could write to the creditor and tell them to correct the entry and appropriately correct the default date prior to you speaking to the ombudsman and possibly seek legal advice. As per Roberts v Bank of Scotland - the creditor needs to be careful about the derogatory data they leave and it is quite impossible to be on status 6 for anything more than 3 months as the guidelines state that a DN should be loaded within 9 months in the worst case.

The DN in your case should be around March 2014 based on what you've said. Stepchange DMP has done the damage - worse thing you could do, go on a DMP.

To be honest I'd not argue this right now - what's the point if you're utilising UE anyway?

[fwil]

Re: fwil's diary

Thanks Niddy, At the time DMP seemed like a godsend... took away the stress and the cost of keeping up with all those minimum payments!

It had been niggling me for a while that they say debts being sold to DCA's is a good thing but obviously they weren't able to recommend anything that would speed up the process!
Eventually, I bit the bullet, stopped the payments and was looking at making my own arrangements to pay off only those passed to DCA's. I got a shock speaking to Santander who advised me my debt had been written off and they wouldn't be chasing it but I was more than welcome to keep paying them(?!). I started googling for reasons why they may have written it off and ended up here. Thank God!


I'm not quite following the last bit of your post.
I'm in the process of sending out the CCA requests to all my DCA's and Banks today. Am i right to be utilising UE or is there other options I should consider first?

Thanks

[Never-In-Doubt]

Re: fwil's diary

Thanks Niddy, At the time DMP seemed like a godsend... took away the stress and the cost of keeping up with all those minimum payments!

It had been niggling me for a while that they say debts being sold to DCA's is a good thing but obviously they weren't able to recommend anything that would speed up the process!
Eventually, I bit the bullet, stopped the payments and was looking at making my own arrangements to pay off only those passed to DCA's. I got a shock speaking to Santander who advised me my debt had been written off and they wouldn't be chasing it but I was more than welcome to keep paying them(?!). I started googling for reasons why they may have written it off and ended up here. Thank God!


I'm not quite following the last bit of your post.
I'm in the process of sending out the CCA requests to all my DCA's and Banks today. Am i right to be utilising UE or is there other options I should consider first?

Thanks

Hiya

Ok, you're best to cease with the DMP - start a new diary and start from scratch - send a CCA to each creditor and we can then help you to utilise the UE process which will likely be better than sitting on a DMP for years which only preserves your credit file, ie cessation of payments means you'll be defaulted in 6 years. If you go on a DMP then the historic data stays for +6 years AFTER the DMP ends so if you're on a 10 year DMP, the bad CRA data shows for 16 years in total. No matter what happens, you can only be defaulted once per account.

Best to get defaulted whilst you assess your position and that's where we'll help you.

Questions? Fire away, read this guide to help with UE & the processes involved --> http://forums.all-about-debt.co.uk/s...-Read-me-First!

[Never-In-Doubt]

Re: fwil's diary

I'm in the process of sending out the CCA requests to all my DCA's and Banks today.

Only send a CCA to whoever is chasing the debt or the legal owner, so in most cases you'll be sending it to the DCA - not necessarily the original creditor (OC).

If you get stuck ask us and we'll guide you

[fwil]

Re: fwil's diary

OK, I'll send out four CCA requests today.

Tesco - Pre2007, Defaulted
Link - Pre2007, Defaulted
Smile - 2008, Not defaulted due to DMP
DLC - 2009, Defaulted

I have another Defaulted debt from 2004 that has just been sold on to PRA so I'll wait to hear from them PRA first before contacting anyone (?)

When i've heard back I will update with either by starting a new diary thread or by adding to this one, please let me know which is best or if there is any problems with this approach

Thanks

[Never-In-Doubt]

Re: fwil's diary

Normally update this and scan & mail me the agreements (don't blank bits out) - we're DPA authorised - your personal info is only seen by me).

[cymruambyth]

Re: fwil's diary

Telco will refuse to supply anything without your signature

[fwil]

Re: fwil's diary

Telco will refuse to supply anything without your signature

I've seen different defenitions of a 'digital signature'.

I've just used a font that resembles a signature but is nothing like mine. I'm sending it today would I be best changing it?

[Never-In-Doubt]

Re: fwil's diary

Telco will refuse to supply anything without your signature

Fine, they'll be in breach of any request and thus cannot enforce (s.127(3))

[Never-In-Doubt]

Re: fwil's diary

I've seen different defenitions of a 'digital signature'.

I've just used a font that resembles a signature but is nothing like mine. I'm sending it today would I be best changing it?

no. Why would you sign so they can lift and copy it? Don't. If they don't send anything then they cannot enforce. End of.