Tescos Credit Card

[Scrapper]

Hi all me again.

 

Some advice needed.

 

I have been paying off my Tescos card monthly on an arrangement. It was set to £40pm but I was paying £50pm. About a 1 month ago Tescos called me and told me that they would knock 25% off the balance if I paid in full now. I couldn't so the guy asked if I could up my payment to £60pm which I agreed to.

 

Today totally out of left field I got an alert on my credit file and low and behold they have defaulted my account. No letter nothing. I have been paying them every month without fail and more than agreed.

 

I was out of work for 12 months and managed to keep my credit file in tip top shape as I had payment protection on everything except Tescos.

 

I am also looking to move house shortly and this will totally f*ck up my chances of getting a new mortgage. In short if I don't get this removed I'm up the sh*tter.

 

Basically what I am asking is can they do this and what can be done to reverse this entry. Up until today there was never an entry from Tescos anywhere on my credit file.

 

Bloody typical though. They are part of the banking group that ran cap in hand to the government begging to be saved and they treat me like a fecking leper.

 

They won't be getting another penny from me that much I will say. Take me to court what more can they do they have already ruined my chances of moving with this action. I'll happily see what a judge has to say about it all.

 

Any help appreciated as always

 

Regards

Scrapper Coco

[Scrapper]

Hi All

 

Sorry I should have stated that I receive monthly statements but the minimum payment states £40pm as I agreed with them. I have been paying £50pm for over a year and recently started paying £60pm. Got a statement only the other day asking for £60 by the 25th May. I am also way way below my credit limit. It states that I defaulted on the 12/05/2009 and the file update 28/04/10. No other entries what so ever. I have been paying them the agreed amount since March 09.

 

My credit file hasn't got any payment history at all for Tescos. It wasn't even an entry on my file. None of what SOD'EM said has happend. Just appeared with straight red number 8 and big bloody default attached to it.

 

No letter or anything. And yes they have called me twice in the past year offer a discount for full and final settlement that's why I'm confused as well.

 

Funny enough I just cashed in a few thousand punds worth of shares to pay them of completely as I wanted a clean file for my remortgage and they've gone an f*cked it now as they ain't getting a penny more from me.

 

Regards

Scrapper Coco

Edited April 29, 2010 by Scrapper

[Scrapper]

Hi again SOD'EM

 

I have never missed a payment with them ever let alone 8 payments.

 

I lost my job and as it was the only card not covered by PPI I asked them if I could reduce my payments.

 

The sent me a expenditure form I completed it and heard nothing from them so paid them for that month as normal.

 

About 1 month later I still had heard nothing (surprise surprise) so called them up and they told me that the reduced payment of £40 per month was accepted. Received a letter in the post confirming this after the phone call. So instead of paying the £40 I was paying £50 to try and get the balance down quickly.

 

During this time I have TESCOS called me twice offering short settlements. The last call I had was about a month ago and as I couldn't make the short settlement figure he asked if I could increase my payment to £60pm which I have done. Paid £60 last month and should do this month as I setup a standing order, but that is going to get the can.

 

And yes every single statement and letter I have is from TESCOS nobody else at all. That's why I confused. I've stuck to the plan and they've done this to me.

 

The one thing I will say is that they have never once replied to anything I've sent them without me having to chase them.

 

Thanks

Scrapper Coco

[Scrapper]

Hi

 

According to Tescos who I have just spoken to they actually defaulted my account back in March 09.

 

I have checked and double checked all of my paperwork and I have never recieved a DN even though they reckon they sent one.

 

Just check Experian account and it clearly states that I am on a payment arrangement with them.

 

Credit Expert is the account where it has appeared from nowhere. Even checked with them and they advised that there has been no entry whatsoever up until 28/4/10

 

what a bunch of slimmy EDIT. Part of RBS. They were quick enough to go cap in hand when they needed bailing out.

 

Thanks

Scrapper Coco

Edited April 29, 2010 by caro
Unacceptable foul language

[Scrapper]

on the statement what should the PCM have really been?

not the £40 you agreed to figure

 

i think you were paying an arranged amount lower than the required amount , so what sod'em says is true 8 = auto default.

 

dx

 

 

The actual payment amount is between £60-100. It gets less as the months go on.

 

Still they are taking the pee. I've told them they will not receive another penny from me as long as I'm alive as due to their underhand tactics and not informing me it is very doubtfull that I will get my new mortgage and due to the actions I will be unable to downsize which will keep my payments at £2300pm when downsizing would have brought them down to £800pm

 

Thanks

Scrapper Coco

[Scrapper]

Hi dx100uk

 

I'm sure they haven't, but I have a letter in front of me stating they are happy to accept reduced payments from me for the time being and will reveiw the situation at a later date. Nothing at all about butt f*cking me mentioned.

 

I have never received a DN that's for sure.

 

And why have they twice offered me a short settlement? Thank god I never had the money at the time to pay them or that would have been the ultimate insult to injury that's for sure.

 

Thinking all was cleared and 1 month later a default appears or even worse paying them the short settlement 6-8 months ago and then it happened.

 

Don't really care now anyway. I'v written to Sir Terry made myself clear. Also just spoken to my bank and didn't realise my Mortgage was portable and as long as I don't default on that they will happily let me move it to my next property.

 

Happy days

 

Thanks

Scrapper Coco

 

Still can't believe they can behave like that though

[Scrapper]

please no need for the swearing.

 

it is the CRA system that automatically marks it 8 after xxx times of markers not tescos.

 

it is not a default notice marker, it is an auto marker after XXX insuffient payments over xxx months.

 

dx

 

lovey did I offend you with my swearing? I'm so sorry if I upset you.

 

Anyway back to business. I fail to see where you get that information from.

 

On my Experian file there wasn't even an entry for Tesco's so please can you explain how the hell the CRA system automatically managed to add something it knew sweet FA about.

 

Experian even explained to me that this is the first entry Tesco's have ever added. Up until yesterday THERE WASN'T EVEN AN ENTRY FOR TESCO'S. There's no payment history just a straight 8 ball in the pocket.

 

So I guess what your basically saying is that by the powers of deduction the CRA (Experian) forsore this coming and acted on it automatically. Mate I work in IT as a developer and I'm telling you that is impossible because if no record exsist then it doesn't just grab information out of thin air. Somebody has to tell it what to do i.e. Tesco's as it's their responsiblity.

 

Also another factor in all this is that Equifax have and entry for Tesco's and since the day the account was opened not one entry has been added to the file. Every month is reported as a U undefined I believe. Now considering I've had the account 3 years and the 2 years previous I had never missed a payment don't you find that somewhat strange?

 

So how do I go from having NO entries on one file, not even a sniff of Tesco's on my other file to having a default added from nowhere?

 

Can you also explain WHERE is my DN issue? Because as far as I can see and make out they are supposed to send you one. It's a legal requirement I do believe. Just telling me over the phone today that they Defaulted me last May isn't enough.

 

So after reading all the above how the hell can you sit there telling me that effectively they have done nothing wrong?

 

Thanks

Scrapper Coco

Edited April 29, 2010 by Scrapper

[Scrapper]

In my eyes they have.

 

Lead me to believe that as long as I keep paying they will review the situation at a later date.

 

Twice they have offered me a deal which I couldn't accept due to my circumstances.

 

Three times I have increased my payments over what was agreed and paid extra when I could.

 

No DN from Tesco's whatsoever.

 

What if I had of paid them? Would you of been happy if you had then they did this to you?

 

In short the answer is NO so don't sit on your high horse defending these **** bags.

 

One rule for them another for us. I don;t think so. They were quick enough to go cap in hand to the government when they nearly bankrupted this country and at the same time caused me to lose my job matey which I had for 15yrs so please don't preach to me about they have done nothing wrong.

 

Try being in my shoes and keeping your debts at bay for a year so your credit file isn't destroyed and be able to move house for these criminals to still be allowed to do what they like whenever they like.

Edited April 29, 2010 by Scrapper

[Scrapper]

they donthave to send you a dn you have not defaulted.

you have made several payments under the required amount.

 

not going to keep explaining it.

 

this is a voluntary forum.

 

i dont expect to be patronised by someone wanting free help & swearing to boot.

 

find yourself another mug.

 

unsubbing.

 

dx

 

Please see my PM

 

I'm confused I really am. If they haven't defaulted me WHY is it showing on my credit file as default in big red letters.

 

If I'm being dumber than dumb please explain whats going on then because I'm am totally lost right now.

 

I thought a big red default on your CR was your numbers up

 

Thanks

Scrapper Coco

[Scrapper]

Hiya

 

I started the reduced payments 12 months ago.

 

But what I can't understand is that if I started reduced payments in March 09 why did they tell me on the phone today that they actually defaulted the account in May 09.

 

Up until March 09 I had never missed a full payment.

 

None of it makes sense as I did as they asked on my statement. I called them straight away. They accepted it and I thought that was the end of it.

 

Thanks

 

Scrapper Coco

[Scrapper]

Morning

 

I only got a reply from Sir Terry Leahy. Nearly fell over.

 

He has passed this onto the Chief Executive’s office at Tesco Bank.

 

Got a reply from him as well. The matter will be investigated with a matter of urgency.

 

Thanks

Scrapper Coco

[Scrapper]

I'll keep you updated on the outcome.

 

Thanks

 

Srapper Coco

[Scrapper]

Morning

 

Well that got me no where and they are not going to remove it.

 

So as it was over a yesr ago and they are so sure they sent me a DN and termination I thought I look through all my files and low and behold I found it filed in the wrong place. I can only assume as I didn't no what I was doing back then I just ignored it but I sort of no what I'm doing now and it's invalid so I'm going to send them this rant and tell them to do one.

 

Won't get it removed but it's nice knowing I don't have to pay them another penny now and there's not that much they can do about it expect pass it on.

 

It fails in 2 arrears 1. only gives my 13 days to retify (i wrote date recieved on it for some strange reason) 2. no date to retify just 17 days from day after date on DN.

 

 

Thanks

Scrapper Coco

Edited June 3, 2010 by Scrapper

[Scrapper]

Duplicate Entry

Edited June 9, 2010 by Scrapper
Duplicate

[Scrapper]

Way to go Scrapper.

 

 

Nothing like going straight to the top:p

 

I really hope Sir Terry isn't leaving because of my email?

 

Just to keep you updated I sent them an invalid Default and Termination / Rescisson letter

 

Also sent the company sec a letter telling him to stop processing my data due to unlawful rescission and to have entries removed from my credit file.

 

Sent all 3 CRA's letters advising them to remove details from Tesco's due to unlawful rescission and there was no longer a contract in place and just incase they didn't get the message I included all the good bits about Data Protection and it is not law and they have no right to hold my information etc etc etc. Oh and I would sue the arse off them. Even mentioned the copy of the email I have from the CEO of one CRA admitting they have no legal rights to process anybody's data really if no contract is in place and certainly not for 6 years.

 

The 14 days is nearly up that I gave them and strangely I haven't heard a peep out of any of them.

 

LBA next then I did warn them I'm off to court with it.

 

Lets see what a judge has to say about a company associated with RBS (84% publicly owned) and they way they treat the very people who saved them from hell on earth.

 

Thanks

Scrapper Coco

Edited June 9, 2010 by Scrapper

[Scrapper]

Nice one Scrapper,

 

Why don't you post a copy of the letter you sent to the CRA's for other people to see (obviously without your details on it). A lot of people find it difficult to draft important letters to companies like these. The points of law you have added will be a bonus.

 

You never know, it may end up in the Templates Library here.

 

I will do once I've collected the kids

 

Thanks

Scrapper Coco

[Scrapper]

I will do once I've collected the kids

 

Thanks

Scrapper Coco

 

Here it is but I cant take all the credit as I borrowed it from Pinky69 and modified it for my own needs.

 

Equifax Credit File Advice Centre

P.O. Box 1140

Bradford

BD1 5US

 

 

 

Dear Sir/Madam

 

I enclose my recent correspondence to Tesco’s Bank regarding the invalid default notice, termination resulting in consequential rescission, long before default entries were made; meaning neither the Bank nor the CRA had any lawful right to process my information when the defaults were entered on my credit report.

 

In my view the Equifax, and the other credit reference agencies, have acted illegally. They have breached my rights under the Data Protection Act. As you are so accustomed to accepting information from companies and taking them at face value rather than doing you’re upmost to make sure the entries are correct and LEGAL, you would rather argue with your customers that there was an application so they can process the information passed to you. Your usual response is – you gave permission to the company so we have a right to process your personal data. Well as of April 2009 they no longer had permission or the legal right to process my data and are currently in breach of the Data Protection Act as are Equifax who will also face the consequences should you not act in the correct way and remove this entry.

 

Believe me when I tell you that I WILL take you to court and bring your organisation into question and make it a very public matter.

 

Then there is clear evidence that would stand up in a court of law that neither the company nor any credit reference agency had any legal right to process my personal information at the time the default was made.

 

I require you to remove this entry immediately as any indecision may well be very costly for you indeed.

 

The sheer fact that you continue to process my personal information when you have been informed that in doing so puts you in breach of the Data Protection Act renders the CRA equally culpable in law for damage to my creditworthiness.

 

Before you try and advise me that credit reference agencies cannot remove entries without the originator’s permission, I know this to be totally UNTRUE and you are misleading your customers by telling them this information. Credit Reference Agencies are voluntary commercial bodies and you are NOT governed by any governing body except themselves and can remove information without a company’s permission if the urge takes you – there is no LAW that says what they must enter and what you must remove. If the CRA uses the argument that there is an industry standard they abound by, that is NOT the same as saying they are bound by law. IT IS ONLY AN INDUSTRY STANDARD. Nor is there any law that says a credit entry on a credit report must remain there for 6 years – it can be removed at any time if it proves to be unlawful, as Tesco’s Bank's entry is. The CRA cannot argue that the Bank's entry conforms to industry standards – it certainly does NOT and indeed falls far short of them and by you taking them at face value you open yourself up to the same penalties as they face and could prove to be very costly and have a very negative impact on your whole industry if it isn’t in question already which I feel it is.

 

I will give you 14 days to remove this entry from my file as you do not have my permission to register any details about me and are currently in breach of the Data Protection Act. Failure to comply with my request will result in me taking legal action to remedy the situation and seeking compensation.

 

Finally, just so that you are VERY CLEAR of my intentions and there has been no misunderstanding. I am in the process of taking TESCO’S to task over their illegal processing of my personal information and the clear breach of the Data Protection Act due to an invalid Default Notice and Termination of my agreement. Failure by Equifax to remove this entry or even the hint of a Notice of Correction will result in Equifax being included in any action I take against Tesco’s and you will be brought in front of a Judge to explain why you are still processing my personal information and are breaching the Data Protection Act.

I hope I have made myself very clear and you do not take my threats of legal action lightly.

 

Yours faithfully

 

 

Scrapper Coco

Edited June 9, 2010 by Scrapper

[Scrapper]

This is what I sent Tesco's Company Sec which I also borrowed but forgot from who (So thanks whoever you are) and modified it again for my needs.

 

 

The Company Secretary

Tesco Bank

Interpoint Building

22 Haymarket Yards

Edinburgh

EH12 5BH

Dear Sir,

 

Re: Formal notice to desist from processing or disclosing personal subject data

 

I have recently conducted an audit of my personal credit reports supplied by Experian, Equifax and Call Credit.

 

It is noted that there exists, within all three files, an entry referenced as “Tesco’s Bank” indicating a former Credit Card (now closed due to unlawful rescission) This is recorded as “In Default”.

 

I am contesting that Tesco’s’ continued processing of my data is an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit.

 

My written permission allowing Tesco’s to continue processing, or disclosing, my personal subject data was revoked upon termination of that original contract and I hereby reiterate that revocation.

As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

 

4. Personal data shall be accurate and, where necessary, kept up to date.

 

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

 

In my case, Tesco’s is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation.

 

This is confirmed in Principle 2 of the Data Protection Act, which states:

"2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes."

 

I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed".

 

I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a

“legal right” to maintain this type of adverse entry for up to six years. When I challenged them to quote me the exact Statute that includes this so-called “legal right”, they remained remarkably quiet. Only after my continued insistence of disclosure did they eventually concede that, whilst they have no statutory right, it is

“standard industry practice” but they added that they are “allowed to by Law”. After further challenges, they finally admitted that unless this was a county court issue, their term actually referred to contractual Law, but continued to emphasise that it was “standard industry practice to record default entries for six years.”

You should also be aware that I have in my possession an email from the CEO of one said Credit Reference Agency admitting that they have no legal rights whatsoever to hold any information about anybody once a contract has been terminated as NO contract exists in LAW.

As a highly-educated company secretary for a major PLC, may I respectfully presume that you likewise recognise that “standard industry practice” does not correlate with “legal right”?

 

Further investigation has also led me to conclude that the only six-year data ‘retention rule’, to which they may adhere to, is in relation to information in the public domain, e.g. Bankruptcy Orders/Discharges, IVAs, CCJs, etc. These are kept in the public domain for six years. But, these are sealed orders issued by a judge through the Courts who oversee the ultimate jurisdiction in all matters relating to Law, be it the criminal code or the Common Law. It is not up to Credit Reference Agencies, or lenders, to decide legal issues.

 

In addition, the agencies may also hold information that is deemed ‘in the public interest’ for the avoidance of credit fraud or deliberate repayment avoidance; I refer, of course, to CIFAS and GAIN entries on a credit file. My former account was not subject to any such marker, nor is my former civil contract with Tesco’s a public matter.

 

After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender or supplier (e.g. Tesco’s) to collate, process or distribute any other information unless there is express written permission from the data subject, ME.

 

In fact, Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller. The Act is also very clear as to the rights of the data subject in respect of withdrawing permission to continue data processing and disclosure:

 

10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

 

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

 

(b) that damage or distress is or would be unwarranted.

 

However, there are some exclusion provisions for Data Controllers, and Section 10 does continue with various exceptions to subsection (1) above, and these are quoted, in full, below:

 

10. - (2) Subsection (1) does not apply-

 

(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met,

or

(b)in such other cases as may be prescribed by the Secretary of State by order.

 

To paragraph (b), I can only presume that Tesco’s has not applied to HM Secretary of State for an order allowing you an exclusion, which leaves Tesco’s with the only remaining possibility of requesting an exemption under paragraph (a).

 

So, we must turn to the exemptions permitted in paragraph (a) to find where Tesco’s’ Data Controller may invoke his perceived exemption to the Data Protection Act, namely, those listed in paragraphs 1 to 4 of Schedule 2. I have reproduced these exemption paragraphs, in full, below:

 

“1. The data subject has given his consent to the processing.

2. The processing is necessary-

(a) for the performance of a contract to which the data subject is a party, or

(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4. The processing is necessary in order to protect the vital interests of the data subject.”

 

It is my contention that Tesco’s’ supposed right of obtaining an exemption is not contained within any of these paragraphs. I have followed each in turn with my notation to give a clearer explanation, should there be any lack of clarity.

 

1. The data subject has given his consent to the processing.

 

That consent was terminated upon the cessation of the contract and, as stated earlier, I reiterate the revocation herein, and by the attached Statutory Notice.

 

2. The processing is necessary-

(a) for the performance of a contract to which the data subject is a party, or

(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

 

For (a), there is no contract being performed, and for (b), Tesco’s and I are not entering into any form of contract, and certainly not at my request.

 

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

 

According to the Information Commissioners Office (I.C.O.), exemption 3 includes all other statutory obligations for which the interests of national security and welfare override personal privacy.

 

These obligations allow for the provision of data to Official agencies and organisations, e.g. disclosure to crime prevention agencies (Police, Intelligence Services, etc), official Government agencies (DVLA, DSS, Passport Agency, etc.) and health authorities, etc., and for any other purpose not agreed within a civil contract.

 

We all know that the three major credit reference agencies are not Government bodies, nor official agencies, but for-profit companies, even though they like to think they are official. None of these three agencies are listed in the appropriate Data Protection Act Schedule that names the specific organisations that are permitted any such exemption rights.

 

4. The processing is necessary in order to protect the vital interests of the data subject.”

 

With reference to the I.C.O. again, this is interpreted as anything that affects the data subject as a matter of life and death. This clause is included in the Data Protection Act to permit data, like medical records or contact details, being disclosed in emergency situations. I do not believe that my former account details could be described as anything like a matter of life or death.

 

So, it is clear to see that there is neither statutory provision permitting Tesco’s’ Data Controller to assume continued processing rights of my data at his discretion, nor any exemption. I can then only assume that Tesco’s is relying on the Common Law, and contractual law, as determined by the contract that both parties originally agreed.

 

However, the contract that I originally signed with the bank, only gave Tesco’s permission to process data during the term of that contract. I think it is fair to assume that you agree that the contract was terminated one year ago, whether or not a Default Notice was served.

 

The contract neither included any other permission, nor did it imply that your perceived 'rights' to process my data would be ‘in perpetuity’. There was also no clause contained within the contract that stated that Tesco’s had any arbitrary right to continuing processing data for up to six years after the ending of the contract.

 

Also, I cannot recall any clear statement that gave my express permission for Tesco’s to continue disclosing my subject data to third parties after the end of the contract. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act.

 

However, if I am mistaken, and the contract did, indeed, specify unlimited time extensions, then you must provide me with a copy of those signed terms indicating where I have agreed to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice. You should be aware that you have, by statute, twenty-one days in which to either comply with my Notice, or give written notice stating your reasons and why you consider the Notice unjustified.

 

In summary, in relation to this former Credit Card, I am formally instructing you, as an authorised officer of the Bank, from this day onwards, to:

1) cease to continue storing, processing or communicating my data;

2) remove all such data from automated process systems, as per the provisions of Part II, Section 12 (1) of the Data Protection Act, namely:

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

 

Of particular note is the Acts own term “his creditworthiness”;

 

3) cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Call credit plc; and

 

4) instruct Equifax plc, Experian Ltd and Call credit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to Tesco’s Bank plc will exist on my credit files.

 

Any failure on your part to adhere to these statutory timescales will automatically be interpreted as your non-compliance with the legal procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall have no alternative but to refer the matter to the Court to seek an Order to that effect. Should it be necessary to refer the matter to the Court, then I shall also apply for Court fees and legal costs against the Bank. I shall also reserve the right to seek redress for damages as per the remit of the Data Protection Act.

 

I trust that I have made my position clear, and that Tesco’s will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code.

 

Yours faithfully,

 

 

Scrapper Coco

 

 

As I posted above I haven't heard a peep out of any of them since I sent these letters off.

[Scrapper]

Afternoon

 

Got the response I was expecting from Tesco's. Basically we can do as we please even if you were on an arrangement and feck you.

 

I am prepared to give them one last chance as I really want tha Default taken off.

 

I am going to send them this , so could someone have a look and give me some feedback?

 

It's not the finished item so don't be surprised if some areas don't make sense

 

Thank you for your letter dated the 11h June 2010.

I am disputing the manner in which the default was issued.

As you are aware I have all the documentary evidence of Tesco’s failure to correspond with myself during the time period you say I failed to follow the Terms & Conditions set out in the agreement I had with Tesco’s.

During the period you refer to I was requesting help from Tesco’s due to the loss of my job; which incidentally was a direct effect of RBS (Tesco’s association) nearly bankrupting this country.

If I am requesting your help, please explain how you expect me to make my monthly payments, while ignoring all my correspondence

Did the UK Government ignore your request for help?

I have continued to make monthly payments for more than the agreed amount and even increased the monthly amount just recently as I thought I was dealing with an honest, trustworthy company but this is far from the case.

You have failed in your duty to the extent that I had to call your offices on several occasions to finally get a response.

You say I failed to complete the financial statement correctly? Is this the same form that Tesco’s asked me to complete? The form that I ended up completing 3 times before I finally got a response from Tesco’s? For you information this is incorrect as I was only receiving JSA and nothing more. It is none of your business what my wife earns and she has every right to refuse to advise you what she pays out on a monthly basis. You should only be concerned with the money I have available on a monthly basis.

Putting all the above to one side for a moment. Once I returned to work I sent you another letter offering to make monthly payments with interest. I saw this as the correct thing to do. You even ignored that request.

I would now like to refer to your comments in your letter dated the 28th May 2010 and Tesco’s admitting liability for failing to respond to me and this not being acceptable from a service viewpoint.

If this was the case, surely as a member of the complaints team you should have realised that during the time period you refer to, something went wrong and just maybe we have been somewhat harsh on this individual? In short, NO you didn’t and instead of trying to help someone who was having financial difficulty you decided to quote Terms and Conditions at me.

You find it totally acceptable to Default my account when it was your company that failed to respond to me not just once or twice but on nearly every occasion I have asked anything of you.

I have never disputed that I owe you the money and all I asked for was help, which wasn’t forthcoming until my forth request.

I was happy to keep paying you monthly until the debt was cleared.

You quote that you have followed your terms and conditions and procedures as set out by the OFT.

This being the case but I have taken legal advice and Tesco’s has have failed to follow the regulations set out in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 an issued an INVALID DEFAULT NOTICE.

I will use the regulations to my advantage if required to in a court of law.

I would suggest that if you are not familiar with regulations regarding Default Notices you consult your legal department as by continuing to process my data you are currently breaking the law with regards to the Data Protection Act which can has serious consequences for Tesco’s should I decide to take legal action.

I would also draw your attention to the following as in my previous letter:

The requirements for a valid Default Notice to lawfully terminate an Account whilst in default:

I therefore put the Claimant to strict proof that any Default Notice sent to me was valid and allowed the statutory 14 clear days to rectify the breach.

The word "DATE" is specifically mention 5 times between the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and the CCA 1974. There is no provision in either act for the period to remedy the breach to be given as a number of DAYS

(17 days is not good enough. IT HAS TO STATE THE EXACT DATE WHICH YOU HAVEN’T)

An invalid Default Notice cannot be remedied by simply issuing a new Default Notice.

 

The Claimant may not serve a second effective default notice in prescribed form post-termination of the agreement. Any such second default notice will necessarily state a date by when I would be required to comply after which in default the agreement would terminate. The second default notice would therefore contain the fiction that the agreement endured when that cannot be the case, as it was terminated on 08/04/09. Terminating an Agreement on the back of a defective Default Notice, simply confirms the undeniable truth that Termination of the agreement by the Claimant was carried out in circumstances which then prohibited them from enjoying the benefits of Section 87, namely the opportunity to seek early Payment of a sum that was, prior to Termination, only payable in the future.

As the arrears outstanding in your letter has already been cleared by more than the required amount due to your unlawful rescission I will consider this an end of the matter as you have no recourse in a court of law due to your actions.

In case you are unclear of what this means, even a Judge is now powerless to enforce payment of the outstanding debt (this has been proven in a recent test cases.) due to you issuing an invalid Default Notice and Terminating my account. It does however leave the door open for me to sue Tesco’s for processing my data illegally.

If Tesco’s should feel that they have NOT acted in the best possible interest of both parties and decide to remove the default from my credit file, I will continue to make payments with interest until the balance is cleared.

If Tesco’s still believes it has not acted immorally and still refuses to remove the Default on my credit file I WILL use the regulations in place to get this default removed by the courts and seek serious compensation as a result.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you a further 14 days to reply to me with your thoughts and what steps you are prepared to take. If I do not hear from Tesco’s I WILL start legal proceedings.

Yours sincerely

 

 

Scrapper Coco

[Scrapper]

Afternoon

 

Well I got a reply this morning and it all looks favourable.

 

"Will will do our best to resolve as soon as possible and to YOUR complete satisfaction"

 

Looks like my letters have hit the spot fingers crossed.

 

I'll post when I know more

 

Thanks

Scrapper Coco

[Scrapper]

Cheers Scrapper

 

I should be getting stuff on ebay now but reading your thread seems like a much better use of my time:D

 

Well I hope it helps.

 

As you will see I have written to everyone

 

The CEO

CRA

Company Sec

Complaints Dept

 

It seems to be working

 

Everybody apart from the CRA's have responded nicely instead of the usual b*ll*cks they send out. The CRA's will be getting LBA within the next day or so, just so they understand I meant what I said.

 

The last letter from Tesco's was so nice, I defo think that someone in the know looked at the default and realised they had royally messed up and hence they now want to help me because they want their money.

 

I got a call the other day telling me I'd missed his months payment and was there a problem. Told them to go away and look at my file. Bloke came back and said I looked at it and I'll take you off the 2 chase list for a month. I replied with, if they don't remove the Default they could take me off the 2 chase list permanently and I'd see them in court. He didn't really have an answer. Funny that

 

Fingers crossed

 

Scrapper Coco

[Scrapper]

Good thread, so sorry to see how you've been messed around, Scrapper

 

Have you put a disclaimer on your credit files yet? If not I would do so immediately, on the lines of:

"Negotiations are currently in place to effect the removal of this inaccurate default marker, which was applied whilst I was actually paying the creditor more each month than our agreement demanded."

 

Re your mortgage..if everything else on your file is hunky dory,and it's just the one which is clearly at odds with the rest of your records, you may be OK providing you shop around mortgage companies.

I even had a couple of paid up CCJ's which the mortgage company queried but were fine when I got the discharge papers and explained my circumstances (husband terminally ill) at the time. The high street names might shun you,as they did me (even my own bleddy bank I'd been with years) but others can be more lenient. The estate agent you buy through, if they're keen to get the sale, may help locate a suitable deal for free (mine did).

 

Chin up and keep fighting!

 

Elsa x

 

Hi Elsa

 

Firstly, I'm really sorry to hear about your husband.

 

Yes I have put a notice of correction of my credit file so that's

covered to that affect.

 

My credit file was tip top until Tesco's behaved the way they did. After all the letters I've sent them I think they'll play fair now as 1. They won't their money back 2. They don't ant me to sue them.

 

With regards to my Mortgage, I didn't realise that it was portable so in effect that won't be a problem like I originally thought. No credit checks Just move to my next property and pay off a lump sum. Fingers crossed.

 

As for high street banks, don't get me started. Go cap in hand wanting our money then refuse to lend it out and even now 70 businesses a week are going to the wall bacuase of it. Another story for another day about 2 of my mates.

 

Thanks

Scrapper Coco 8)

[Scrapper]

Morning

 

This is my LBA that I am going to send.

 

Does anyone think it might be abit strong? I will take them to court if they don't remove it. I have nothing to lose. I was more than happy to keep paying them and they choose to mess with my credit file because they can. It's about time they got a taste of their own medicine.

 

I'm not going to send it until I get a response from thier complaints department which should be in my favor if they have done their homework. Fingers crossed.

 

 

The Company Secretary

Tesco Bank

Interpoint Building

22 Haymarket Yards

Edinburgh

EH12 5BH

 

 

 

 

Dear Sir,

 

Re: Formal notice to desist from processing or disclosing personal subject data

 

I am writing to you today as you have blatantly ignored my Statutory Notice to stop processing my data due to unlawful rescission and the invalid termination of my agreement.

 

This request was sent via Royal Mail recorded delivery on the 8th June 2010 and signed for on the 9th June 2010 and you have failed to respond to me within the 5 working days set out in the Banking code.

 

This being the case I have enclosed a copy for you records as Tesco’s Bank seem to be somewhat incapable of replying to any correspondence they receive but are quick to Default accounts when their correspondence is ignored or invalid.

 

As you have failed to even acknowledge my request I will give you a further 14 days to comply and stop processing my personal data. Failure to adhere to my LEGAL request will result in immediate legal proceedings. I shall also apply for Court fees and legal costs against the Bank. I will also seek redress for damages as per the remit of the Data Protection Act.

 

I trust that I have made my position clear, and that Tesco’s will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel immediately as there will be no further communication from me and court papers will be issued immediately the 14 day deadline expires.

 

 

Yours faithfully,

 

 

Scrapper Coco

[Scrapper]

Experian

P.O. Box 7710

Nottingham

NG80 7WE

 

 

 

Dear Sir/Madam

 

I am writing to you today as you have blatantly ignored my request to stop processing my data due to unlawful rescission and the invalid termination of my agreement by Tesco’s Bank.

 

This request was sent via Royal Mail recorded delivery on the 8th June 2010 and signed for on the 9th June 2010 and you have failed to respond to me within the 14 days I set.

 

This being the case I have enclosed a copy for you records as Experian seem to think that they are above the LAW and have a LEGAL RIGHT to keep processing my personal data. As I have already pointed out in my last letter, without my expressed permission you are acting illegally as there is no longer a contract in place between myself and Tesco’s Bank. You are currently in breach of the Data Protection Act and I will see that you are brought to answer your actions in front of a judge should you not remove my personal data immediately.

 

Experian are not a government body and nor do you have any legal rights to process my data without my permission. Industry standard is NOT the LAW and I do believe the law of the land comes before anything you will use to defend yourself.

 

As you have failed to even acknowledge my request I will give you a further 14 days to comply and stop processing my personal data. Failure to adhere to my LEGAL request will result in immediate legal proceedings. I shall also apply for Court fees and legal costs against the Bank. I will also seek serious redress for damages as per the remit of the Data Protection Act.

 

I trust that I have made my position clear, and that Experian will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to your obligations as a Credit Reference Agency, then I would advise that you consult your legal counsel immediately as there will be no further communication from me and court papers will be issued immediately the 14 day deadline expires.

 

I hope I have made my position VERY clear.

 

Yours faithfully

 

 

 

Scrapper Coco

[Scrapper]

Hi Scrapper,

 

Isn't is 21 or 28 days according to the Act which they have to respond to a s10 request? I should check to make sure; you don't send this off prematurely...

 

Regards,

 

Colin

 

Hi Colin

 

I think that only applies to Tesco's and I haven't sent that off yet. But saying that even Tesco's Company Sec has to acknowledge my letter within 5 days in line with the banking code and he/she has failed to do that.

 

It's just the letter I am going to send if the reponse from my complaint isn't favorable.

 

With regards to the CRA's they are not governed by anyone so I'm not sure if the same regulations apply to them. They are a for profit organisation so they are fair game in my book.

 

They haven't even responded either. Quick enough to keep sending me emails about this and that and trying to get more money out of me though. Want you cash and then tell you "nothing we can do about it. Speak to the company concerned" that's the easy way out for them. So I'm going to take it to them. Then lets see how big their b*lls are

 

Thanks

Scrapper Coco