Will do.

Hi dx, Assignment of the debt. Tesco wrote 25/10/19 saying that "we've decided to transfer (this is sometimes called assigning) our rights in connection with the account.." DMS also sent a notice of assignment on 25/10/19. DMS have been harassing for more money even though we have been paying Tesco's agreement of £4 per month, with repeated phone calls and letters, so I sent DMS a CCA request on 20th September 2020. They haven't responded so I sent a dispute letter after 12 + 2, they haven't responded to that but sent me a Resolvecall letter threatening a possible visit. I sent copies of the cca request and the dispute letter to DMS. They haven't responded except for todays Resolvecall home visit. If they own the debt, can they collect if they can't/won't provide a CCA? Does the CCA request go back to Tesco to answer or would DMS have all the paperwork? (p.s. I still get the occassional letter from old disputed, statutory-barred debts, I think they are hoping I will die and they'll get some payment from the executors of my will.) Thank you once more, Rocky

Hi BB, Thank you for your support. I do have a paper trail and records of all correspondence. Good point about the letter wording. DMS letters refer to the original creditor and state that the balance is owed to DM.S directly, and basically, stop paying the original creditor and settle with them. Tecso did write and say they couldn't process our payments and said to pay DM.S a year ago, but we've continued to make the payments to the original creditor. Resolvecall letters refer to acting on behalf of DMS. DM.S got the name wrong and put an extra initial I sent the dispute letters to DM.S I have been hiding the names as they've got us panicked at the moment. Debt Managers (services) Ltd Rotherham. Original Creditor Tesco Bank Hi Dx, Thanks for your reply. It is the same loan I'm afraid. I have been hiding the names as they've got us panicked at the moment. Debt Managers (services) Ltd Rotherham. Original Creditor Tesco Bank

Hi all, I hope that you are well. I am suffering with the government controls on corvid which has plummeted my already tight income, as with many other people I'm sure. Difficult times. I have an old loan from Tecso for £6000 which I have been paying £4 a month. This was passed to DMS in January who have been harassing me for more money, so I requested the CCA, raised a dispute letter and then stopped payments as I hadn't received any replies whatsoever a month later. A letter arrived from Res*lveCall saying ring or we will visit to which I replied to DM.S that the account was in default; no visits etc. Today, Res*lveCall arrived at my house, which caused me significant stress, hassle and embarrassment. I told him "in writing only" and he left, but he has obviously confirmed my address. My wife is worried that he will come and recovery her car or something, I have reassured her but it is very stressfull. Have I done the wrong thing, challenging the debt? I've been paying Tecso for years. Can DM.S still pursue the debt without supplying a copy of the CCA? Do I need to write to Res*lvecall? Has the debt been sold to them? I am very worried and I would be grateful for your comments. Many thanks, Rocky

Hi All, Good news, Cabot have written to me as follows: "Thank you for your request for information under the Consumer Credit Act 1974. Unfortunately, it appears that NR are unlikely to be able to provide the requested documentation. Therefore, I can confirm that Cabot Fin EU Ltd have taken the decision to no longer pursue collection of the account. Please note that this decision is not to be confused or interpreted as a write-off of the outstanding balance on your account as the debt legally remains. In addition I can confirm due to the time elapsed this entry should no longer appear on your credit file and we will be returning your £1.00 fee." Good news that Cabot are dropping it, but the wording suggests to me that they will pass it, on or perhaps wait for me to die (not just yet) and try and claim it then. Might be a good time to check my credit reference file. Thanks for all your help,

Thanks Bazooka, I was wondering whether I should write and remind them that it is SB? I guess the effect of my debts, and being chased for years, has made me a bit jumpy. I have as little to do with banks and debt as I can; except for this one limited credit card that I only use if I can pay it off each month. "Casting the money lenders out of the temple," makes perfect sense now. It is a better way to live and I'll do without rather than go back to borrowing. Cheers,

Sorry for the confusion Andy, The credit card came from Alliance and Leicester and was chased by AIC who said they would have to go back to MBNA to get the CCA. It was then passed from pillar to post and ended up with Vanquis. Hope that's clearer. I didn't associate the name when I got a new credit card offered by Vanquis and I am wondering whether I have poked the wasps nest metaphorically speaking. They obviously have my details confirmed. Why else would they chase a 2010 unenforceable debt. It could be a coincidence, but. My question is, does having a current credit card with them and an old unenforceable debt as well, pose me a threat do you think? Cheers,

Hi all, Have I made a mistake? I had an unenforceable credit card debt from 2010 has been passed through the following companies: Alliance & Leicester/ MBNA/AIC/Aegis/Wescot - Bank of America /Arrow Global/ Wescot/ Scotcall/ Vanquis Bank. In 2011 Letter from Arrow Global said Scotcall is no longer managing your account. It will now be managed by Vanquis Bank on behalf of Arrow, who will be in touch to let you know contact details and offer you the "Avant Programme". Never heard any more and 6 years later was offered a small credit card which I thought would help me rebuild some credit. The account is in order and I have managed pay it off each month. But... The card is from Vanquis Bank! and I have started getting letters and calls about the other account from AIC again. It feels a bit uncomfortable. Should I worry? Cheers,

Hi Bazooka, thanks for replying so quickly, Sorry to admit it but I couldn't cope with a PPi claim at the time, I'm feeling a bit old! I will have another look at it, but I don't think I paid many instalments before my troubles began. Cabot wrote to me in September, I've been ignoring their letters since April as I was still paying NR directly. I've cancelled the SO now. I got into a muddle with credit reference agencies as well. I did a trial with Equifax (what a palaver) and managed to cancel it eventually, but I couldn't really understand it all. It didn't really make sense. A lot of my debt is over six years old and has gone now (except AIC with an unenforceable debt that they have started chasing me for again recently. I think they are hoping I'm dead and the executor will pay it (no chance, no assets anyway.) So it might be worth checking my CR. I don't want credit, except that I managed to get a small CC that I am paying off at the end of each month which should help my reference. I'll send a CCA request and see what they do. Is the standard letter still applicable or have things changed? Cheers,

Hi all, I'm am pleased to say that I am still in one piece, thanks to CAG. A lot of my loans are past the 6 years deadline now. Except NR as below. I have been paying NR £1 per month. They have been returning it to my account recently, I let the SO continue . I now have letters from Cabot, who have bought the debt, threatening legal action. They have sent a statement showing three payments September 2016, October 2016, April 2017. (Payments were made every month). It is a notice of sums in arrears and says that it "is given in accordance with the Consumer Credit Act 1974 because you are behind with the sums payable under the above agreement." A separate letter sent on the same day, to ring them and mentions offering to "discuss a discount if you have some funds that do not cover the full amount." The current creditor is listed as Marlin Capital Europe Limited. I was thinking of sending Cabot a CCA request? I would be most grateful for any advice on my next step please. Many thanks,

Thanks

Hi All, Sent a SRA request on 12/02/15. Today received a letter asking for a signature. Please return a copy of this letter with the correct signature". I put in my original letter about "the address above being the one you normally use to communicate private business to me". I have not signed any of my communications since joining CAG, and I don't really want to. How should I respond? Thanks,

Thanks SabreSheep, I will have a look at the card. Cheers,

Hi, I was pressured into accepting two CCJ's as appearing in court would have been devastating, if it got that far. Is it possible to mount a new challenge against the debt as I am sure that there is no enforceable agreement? One was a Debenhams store card and the other was a Debenhams loan. Both were taken over by CL Finance. They are a millstone around my neck, in more than one manner. Thanks,

Hi DonkeyB, I have two letters confirming the arrangement. One is from 6/01/2012 from Fred Int, and the second one is from Bryan Carter Solicitors on 21st March 2012. Both accept the arrangement on behalf of the client (Tesco). FredInt states " subject to review at our discretion and on our client's instruction and may be terminated at any time without notice". Carter states ""may be subject to review in 6 months time". I can post them up if you would like to see them. I was paying by cheque to Tesco until I persuaded Tesco (reluctantly) to give me bank details in June 2012 so I could set up a standing order, which I have paid ever since.

Thanks DX, I will SAR Tesco and get more information, keep up the standing order to Tesco, and ignore Fred for now. Will post the results.

Hi All, It's been a while but I am still kicking. This one has raised a problem again. I kept to the agreement for this debt, paying Tesco £4 per month by standing order, which we can afford, although my circumstances are still poor. FredInt are writing again, demanding we pay them. Tried Fredpay but it didn't work, anyway I don't want to pay FredInt. I wrote stating we have an agreement and are paying oc direct. They replied: "We are instructed by Tesco Bank to collect the above." "pay us, or else" Not sure what to do. 1) get credit reference (it's a bit of a nightmare process, or is it me) 2) request CCA again and see what they come up with, 3) complain to Tesco. 4) SAR Tesco or FredInt? I have had a lot of successes with Cagger's advice, with CCA's being unenforceable, and I thought that this loan arrangement was working. The return of the stress and upset is making me angry.

Hi, This is the same account that Morecrap were chasing, and when it was passed to Wastecot I sent a dispute letter which was passed to Hafilax, hence their reply. Hafilax formally closed the account in April, and passed it to Morecrap. I will remind Wastecoat of the response that they will get if they call at our property. Cheers,

Hi folks, Interesting challenge from hafilax, who are chasing this one through Wastecot. "In addition, you believe that we are acting unlawfully by allowing our recovery agents to visit your property. I must assure you that we act within the law and they will call your property if they are unable to make contact in regards to the debt outstanding." Also: "In order to clarify the dispute you hold in regards to the Consumer Credit Act, I must advise that this Act covers products with a credit agreement, for example credit cards. Overdrafts are not covered under such an agreement therefore we are under no legal obligation to provide you with a copy of your true agreement." Hafilax customer services Apparently their final reply was 2nd March so "You have 6 months from this date to complain to FOS". ie September 2nd? letter was dated 30th August and received 8th September. I thought this was ongoing. The March letter says "Hafilax will not enter into further correspondence with you in regards to this matter", but they have, so have I missed the deadline or not? Life goes on. Feeling a bit stronger. Grateful for all CAG help. Cheers,

Thanks Rob, All is quiet at the moment but if they do try a claim I will request the documents you mentioned under the CPR rules (I think). I will fight it. I have a Hafilax od (which is a separate thread) and they cannot provide any documentation. Their letters just repeat something along the lines of we do hope that we have satisfied your complaint, now pay up. Cheers,

Hi all, I have written to Hafilax asking for responses to my complaints and providing boxes against each point for their answers! I have also thanked them for their "Getting Started" booklet with account T&Cs and stated that "as it is not a true copy of any agreement, as requested, then I suggest that is is therefore unenforceable". What do you think? Still getting litigation threats from Moorcrap.

Thanks brokebutnotbeatn.

Hi all, They have replied, here is a precis: Thank you for taking the time to contact us further ..... I'm concerned to hear about what's happened. I have been unable to call you as you requested responses in writing. Please accept my apologies for any inconvenience caused. (Ha) I am sorry that you feel we were not sympathetic to your financial difficulties. We have attempted to contact you on several occasions to help you, however,as yet you have not responded. Your account is closed and passed to Moorcrap, please contact them direct... You state that you requested a copy of the agreement and paid £1 into your account. (No you paid my p.o. in) I am unable to identify exactly what you had requested (not my fault.I sent you a copy of my request which you have received), however we did not cash the £1 you paid in, the funds were credited to your account. I can't find your previous complaints. (so? - nothing else to say?) In regard to CCA.. the overdraft doesn't have a credit agreement, however you will have signed the terms and conditions when your account was opened. Unfortunately due to the length of time, I have been unable to obtain a copy. Any change in the T&Cs supersedes the one you signed. As I am sure that you will be aware, you have benefited from the overdraft and therefore have to pay it back. I am very keen that I have resolved your complaint fairly. Copy of current terms and conditions enclosed. Bull**** or what? What due you think?

Hi Debbie and BB, Thanks for your help. You are right. I have sent enough dispute letters, refer to my earlier dispute letter letters, passed multiple final notice periods and had discount offersand a faulty default notice! . Time to ignore them all I think. Will start complaint procedures. Cheers,

They have had the "in dispute" letter, so I was thinking maybe: "I have copies of all my letters to NW and recorded delivery details of same. If you are not prepared to acknowledge your legal obligations then I consider the matter to be closed." What do you think?