John's Debt Diary

[johnbruce]

Hello

Its always best not to talk to these people on the phone, and definitely don’t discuss the enforceability of a debt which could prompt them to make a bigger effort to comply with your s77-79 CCA Request.

Di

Understood , I realised my mistake after the phone call.

[Joanna Connolly Solicitors]

Understood , I realised my mistake after the phone call.

It wasn’t a mistake - it was done on the spur of the moment when you received an offer to settle which would have allowed you to get closure (literally) on this debt.

What will become apparent as you continue on your debt journey, is that those letters are sent out to tempt you to engage so they can persuade, or even bully, you into paying them money you maybe can’t afford to pay.

Once you make a counter offer you are sending out the signal that you’ve got access to funds which will encourage them to keep on pestering you.

Or have I just became too cynical in my old age

Di

[Timewilltell]

Cynical no, wise yes

[johnbruce]

Account type : Tesco Credit Card
Current DCA : Intrum
Sold to Intrum: 2019
Opened Aprox May 2007
Balance £2500
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Intrum : January 2020

February 2020 - CCA request sent to Intrum which is Still outstanding
February 2020- SAR request sent to Tesco and SAR documents have generic type CCA which does not have my name, tick box , date and address.
May 2020 - Intrum resumed collection activity without serving CCA and now sending letter to contact them to set up a payment plan.

14 July 2020 - 20% partial settelement offer received. I called them back and offered 5% settlement which was refused. I told operator account is UE and he told me that Application form is sent to you in March but I received nothing. He told me that account is enforceable because I applied for credit card and used that money.

27 July 2020 - CCA documents received from Intrum today with reconstitued credit agreement, going to email Niddy for review.

Update

[johnbruce]

Hi guys , please can some one explains what it means "RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”. I received reconstituted agreement from Tesco personal finace account was opened online in 2007. It seems RA is not a true copy and derived from unfilled application forms which does not have my signatures. Tesco have provided two copies of those unfilled application forms with RA. Does it means reconstituted agreement is unenforceable until produced real documents in the court?

[The Tech Clerk]

send copy un-redacted to:- webmaster@all-about-debt.co.uk for checking probably take a few days as holiday but at least you will get to know if enforceable

[johnbruce]

send copy un-redacted to:- webmaster@all-about-debt.co.uk for checking probably take a few days as holiday but at least you will get to know if enforceable

Hi The Tech Clerk I already emailed all documents un-redacted to Niddy and waiting for responce. Hoping to hear something back next week. Thank you.

[Colin G Quinn]

Hi johnbruce,

Are you saying the document you have been provided with is marked

"RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”?

[nightwatch]

Hi guys , please can some one explains what it means "RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”. I received reconstituted agreement from Tesco personal finace account was opened online in 2007. It seems RA is not a true copy and derived from unfilled application forms which does not have my signatures. Tesco have provided two copies of those unfilled application forms with RA. Does it means reconstituted agreement is unenforceable until produced real documents in the court?

I think, not always wise for me, that only a court can say a debt is Irredeemably unenforceable, DI or Colin may correct me.

Reconstituted is just as it says, BUT, it should be reconstructed from agreements at the time of opening or there about.
The documents are sent for INFORMATION only, Yes the ORIGINAL is needed for court.

Tesco, after a lot of letter ping pong, only sent me the signed application, NO T&C, when i sent the missing T&C template, they replied they would of been on the back of the application form,
Many years have passed and each time they have passed the debt on I have sent the SWID letter and now have copies of T&C for all years appart from the year I opened the account,
each time the new owner has tried telling me it is now enforceable, unfortunately not, plus now SB.

[johnbruce]

Hi johnbruce,

Are you saying the document you have been provided with is marked

"RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”?

Hi Colin G Quinn No, I read about reconstituted agreemenets online and trying to understand.

[Colin G Quinn]

Hi Colin G Quinn No, I read about reconstituted agreemenets online and trying to understand. [/QUOTE]

An irredeemably unenforceable credit agreement is an agreement which the Court finds to not only be unenforceable by a creditor, but that the issues leading to the agreement being unenforceable can never be rectified.

If, during the course of legal proceedings, a Creditor/Claimant produces a document, upon which it relies and bases its claim, and there is reason to believe the document is irredeemably unenforceable, the case is suitable for an immediate Application to the Court, asking for the Court to strike the Claim out or grant summary Judgment.

The reason being, the Court can be convinced there is no need for the case to proceed to a Trial, as the irredeemably unenforceable agreement means the claim stands zero prospects of success, regardless of what other evidence is given in support of the claim.

Myself and Joanna attended a hearing towards the end of last year in the County Court at Stockport and Joanna presented our client's case for summary Judgment to the Court. In that case the Court found the agreement produced, last minute, by the Claimant to be a document which rendered the entire debt unenforceable, and the Judgment was therefore awarded in our client's favour.

[johnbruce]

Thank you Colin G Quinn

[johnbruce]

Diana Mayhew Colin G Quinn friendly reminder waiting to get a reply from Niddy, email sent on 28 July, any one aware about her schedule and whereabouts?

[nightwatch]

Hi, Niddy has just got back from holiday, HE should get back to you soon,
maybe send a reminder if not heard by end of week,

[Joanna Connolly Solicitors]

Account type : Tesco Credit Card
Current DCA : Intrum
Sold to Intrum: 2019
Opened Aprox May 2007
Balance £2500
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Intrum : January 2020

February 2020 - CCA request sent to Intrum which is Still outstanding
February 2020- SAR request sent to Tesco and SAR documents have generic type CCA which does not have my name, tick box , date and address.
May 2020 - Intrum resumed collection activity without serving CCA and now sending letter to contact them to set up a payment plan.

14 July 2020 - 20% partial settelement offer received. I called them back and offered 5% settlement which was refused. I told operator account is UE and he told me that Application form is sent to you in March but I received nothing. He told me that account is enforceable because I applied for credit card and used that money.

27 July 2020 - CCA documents received from Intrum today with reconstitued credit agreement, going to email Niddy for review.

Hello

Is it the credit agreement for this ex-Tesco credit card which was assigned to Intrum that you want checking for enforceability?

Di