mehim's UE Diary

[Mehim]

Re: mehim's UE Diary

Afternoon Folks.

These credit card companies astound me, they really do.

Tesco have just sent me a replacement card even though I`m not paying them on the old card.

Unbelievable.

TY

[CleverClogs (RIP)]

Re: mehim's UE Diary

Afternoon Folks.

These credit card companies astound me, they really do.

Tesco have just sent me a replacement card even though I`m not paying them on the old card.

Did they also send a copy of the executed agreement, as required by section 85 of the Consumer Credit Act 1974? (link)

85 Duty on issue of new credit-tokens.

(1)Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.
(2)If the creditor fails to comply with this section—
(a)he is not entitled, while the default continues, to enforce the agreement; F1. . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This section does not apply to a small agreement.

Unbelievable.

And also unenforceable?

[CleverClogs (RIP)]

Re: mehim's UE Diary

But is it a new credit token? Surely not when it's just a replacement card.

Does section 85 - see above - make that distinction?

[Mehim]

Re: mehim's UE Diary

Hello,

On the back of the letter is a copy of the agreement for me to keep.

It does say:

"Your agreement is between us (Tesco Personal Finance plc trading as Tesco Bank) and you.
Your agreement with us, Tesco Bank, is made up of two documents.
1. This one, which you sign
2. Tesco Credit Card General Conditions."

lol nowhere to sign and they don`t ask for it to be returned. The conditions leaflet was with it.
ty

[Never-In-Doubt]

Re: mehim's UE Diary

Tesco is, unfortunately, enforceable as well

Sorry mate

[Mehim]

Re: mehim's UE Diary

Oh deary me, someone got it right at last lol.

One question though, Page 1 has the late payment charge as £10.00 and page 5 has this as £12.00. I would have thought in 2003 that this charge was probably £30/35.

Not that I know if this would make a difference.

Thanks for checking it.

TY

Still trying to get my head round the ins and outs of and

Page 1 could only have been sent to me the last year or so, that was when they reduced the limit because of me not paying other cards I assume.

Page 5 must have been sent in 2003.

I have a feeling they are at it, just a gut feeling mind you. I`m no expert at any of this.

Should I blag this and see what they come up with?

TY

[Never-In-Doubt]

Re: mehim's UE Diary

Sorry I presumed you knew that with terms missing its easily fixed so we usually reply with this:---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

So it's a blag for the time being. Point is yea they never sent "all" the terms but they can and will - send the template as linked here and they'll resend the terms (if they argue then we'll re-evaluate as it'd suggest they ain't got em in which case great)!!

See what happens once you send that.

[Mehim]

Re: mehim's UE Diary

Cheers Niddy, thanks for all the help

[Mehim]

Re: mehim's UE Diary

Tesco Credit Card

Start: 2006 corrected to 2003
Balance: £7,500
Last Full: Paying
Status: Up to date

2012

Feb 10th
CCA request letter sent.

Feb 24th: No response to my CCA request. Ignoring till they respond.

March 17th:
Letter with CCA received. I`m not too sure what pages I should be emailing Niddy.

EMAILING NIDDY

March 21st
2 letters from Tesco, lucky me.
First is telling me they haven`t received a payment. Please contact them.
Second is a default sum notice for £12. That wont be paid either.

Niddy is checking the CCA I got from them regarding this card.

Niddy says

March 27th:
Sent missing pt template letter
March 27th:
Letter from them, Contact us urgently to discuss this account. They also called, I told them to bugger off and put it in writing

Hello Everyone,
Update regarding this one. They offered me a special number to call if I didn`t want to do security , told them where to shove it and write to me. They seem to think I`m ignoring their letters.

TY

[Never-In-Doubt]

Re: mehim's UE Diary

Obviously they never got your letter yet - wait and see what they respond with......

[CleverClogs (RIP)]

Re: mehim's UE Diary

Hello Everyone,
Update regarding this one. They offered me a special number to call if I didn`t want to do security , told them where to shove it and write to me. They seem to think I`m ignoring their letters.

Is that because they know the ink transfers to one's skin if the letters get wet and because you've not yet complained about that?

[Mehim]

Re: mehim's UE Diary

Obviously they never got your letter yet - wait and see what they respond with......

Hi Niddy, I just sent it today, I decided I`d take my time contacting and answering their letters. Like they do with mine.

I log all the calls I get, transfer them daily from the true call to the computer. Most of them hang up when they hear the answering machine but I keep the log.

TY

[Mehim]

Re: mehim's UE Diary

MBNA Credit Card

start : Sept 2004 Correction Sept 1994
bal : £15,000
last full : Sept 2009
present : not paying
status : default. Copy of original Application

dca : Experto Credite, Claim Management Consultants

2009

Feb 25th
I contacted a Claims Management Company
Mar 15th
I agreed to sign up for 3 cards
Mar
Letter from CMC advising me claim was going ahead and not to sign anything from MBNA, to pass all correspondence from MBNA to them ASAP
May 26th
Letter from CMC saying nothing had been received from MBNA. They wrote telling them it was unenforceable as MBNA had not complied within the time limit. Told me I could stop paying but would get loads of hassle. I kept paying meantime.
Loads of calls from MBNA which I stonewalled referring them to the CMC
Aug 26th
Letter from solicitors acting on behalf of the CMC informing me that they would be writing to MBNA asking for the account to be cancelled, if not they would be raising a court action
Oct 1st
Letter from CMC saying they had the paperwork from MBNA and the agreement was unenforceable. Again said I could stop paying it but I would get loads of hassle and they would default me. I stopped paying

2010

Loads of call which I was happy dealing with.
Jan 15th
Threatogram from MBNA CCJ, Sheriff Court etc
Feb 4th
Nice letter offering help
March 8th
Threatened default if I didn`t pay
April 8th
Letter informing me that this would soon be written off as a bad debt and a default registered against me.
April 15th
Another letter (it is not too late to stop this happening). Threatened default and recovery action. Also calls offering discount.
May 7th
Letter informing me a default will register for 6 years. Also offering to consider settling the account at a lower amount. Letter was also confirmation of an impending default and contact from third party if I didn`t accept one of the aforementioned options.
June 4th
Default notice sent on the 4th, remedy date 22nd. On or after this date account will be terminated (Account actually sold to Experto 16th June). Got this from uncompleted SAR response from MBNA at a later date.
June 30th
Experto Credite appeared 30th June with a letter saying Varde Investments (Ireland) Ltd were now the legal owners. Asked me to call them.
July 15th
Experto offered to negotiate a favourable discounted settlement figure.
Sept 16th
Home Owner Notification

2011

Jan 21st
HL Legal for experto 7 days to pay or else.
March 29th
Panic Stations Letter from accountancy firm informing me that the CMC dealing with this for me had gone down the tubes.
March 30th
Letter to Accountants asking for my money back was ignored. Solicitor had already advised me there was no money.
April 13th
Bigger panic Letter from solicitors acting for the CMC, basically saying as there was no longer an indemnity, they could not advise me to go to court.
April 20th
Letter from me to CMC, that went bust, returned, no longer there.
April 15th
HL Legal telling me they had instructions to issue proceeding at County Court.
April 28th
Experto threatogram re doorstep visit. I wrote to them advising what the CMC solicitor had said regarding winning in court.
May 5th: Experto wrote saying they would check with MBNA regarding my dispute.
May 10th
Took stock, decided after reading all the bumph from MBNA and friends that if they were so sure of their facts, they would have taken action 2 years ago. Decided to fight on.
July 5th
Experto wrote saying MBNA confirms that there is no dispute.
Aug 18th
Sent SAR to MBNA asking for original agreement, statements and a lot more.
Aug 23rd
Letter from MBNA saying they were unable to locate the account, asked me for DOB etc.
Aug 30th
I replied giving some information to MBNA, also asked why they didn`t know who I was as all their mail came to the same address.
Aug 25th
Experto wrote regarding the SAR I sent MBNA informing me that they, Experto did not have the original agreement.
Aug 26th
Another threatened doorstep visit.
Aug 31st
Letter to Experto re unavailable data.
Sep 8th
I must have mentioned a notice of assignment (never received).
Got one from Experto on MBNA headed paper undated. and a letter on Experto headed paper undated saying they now owned the account.
Sept 27th
Uncompleted SAR sent from Experto.
Oct 14th
Credit Management Consultants wrote saying the account had been escalated to them. Threatened doorstep visit.
Oct 23rd
I wrote to Credit Management telling them the account was in dispute.
Oct 25th
Uncompleted SAR received from MBNA.
I wrote informing them there was no signed copy of an agreement only a signed application form. Threw Ezsias v Welsh Ministers (2007) at them.
Nov 2nd
Disk with all calls to and from Experto.
Nov 2nd
Letter to CMC Account in dispute.
Nov 2nd
Sent letter to MBNA re no CCA, telling them the account was in dispute still.
Nov 9th
Experto replied to the above letter, Asking for my proposals re payment.
Nov 16th
Replied to Experto informing them still no original CCA.
Nov 18th
Another letter from Experto apologising for their numpties telling me the agreement (which they don`t have) was enforceable when only a court could decide this.
Nov 30th
More threats from my new friend Credit Management Consultants. re Bailiff`s warrant, Attachment of earnings, Charging Order.

2012

Jan
Experto called once and said in the convo that they didn`t know who Credit Management Consultants were.They mentioned a letter sent in December which I never got. They said they would now send it recorded delivery, I am still waiting.
Jan 31st
Further letter to MBNA re SAR.
Feb
Still no further response from MBNA, I warned them I will be making a complaint to all the relevant authorities..

That is it to date.

EMAILING NIDDY

Feb 10th
CCA Request sent, bit late but what the hell. They will be even more confused than me
Feb 24th
No response to my CCA request. Ignoring till they respond.
Niddy says

March 28th:
Letter from Experto with a CCA, same one MBNA sent in the SAR I asked them for.
I didn`t send a CCA request to Experto, that went to MBNA as the OC. I also corrected the issue date of the card.

EMAILING NIDDY

Experto have reared their heads again with this one, strange they sold the Virgin/MBNA one to Aktiv. I never requested a CCA from them. I have emailed the application form first page to Niddy and await his expert appraisal.

TY

[swanfan]

Re: mehim's UE Diary

Jan
Experto called once and said in the convo that they didn`t know who Credit Management Consultants were.

Bloody numpties, cmc is a trading name of experto!!

[Mehim]

Re: mehim's UE Diary

Bloody numpties, cmc is a trading name of experto!!

LOL yeah I knew that but never let on.

Strangely enough CMC are calling me again but for some reason my Truecall does not pick up there calls. It never records anything from them, I can find their number, no name and a message to call them but it is never saved for some reason.