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  • #31
    Originally posted by Diana Mayhew View Post
    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.

    Comment


    • #32
      Originally posted by johnbruce View Post

      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
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #33
        Cynical no, wise yes

        Comment


        • #34
          Originally posted by johnbruce View Post
          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

          Comment


          • #35
            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?

            Comment


            • #36
              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
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #37
                Originally posted by The Tech Clerk View Post
                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.

                Comment


                • #38
                  Hi johnbruce,

                  Are you saying the document you have been provided with is marked
                  "RECONSTITUTED AGREEMENT” – IRREDEEMABLY UNENFORCEABLE”?
                  Legal Disclaimer

                  I am a Litigation Executive at
                  Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #39
                    Originally posted by johnbruce View Post
                    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.
                    Last edited by nightwatch; 30th July 2020, 16:34.
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #40
                      Originally posted by Colin G Quinn View Post
                      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.

                      Comment


                      • #41
                        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.
                        Legal Disclaimer

                        I am a Litigation Executive at
                        Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • #42
                          Thank you Colin G Quinn

                          Comment


                          • #43
                            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?

                            Comment


                            • #44
                              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,
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • #45
                                Originally posted by johnbruce View Post
                                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
                                Legal Disclaimer

                                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                                Comment

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