Tescos Credit Card

[Scrapper]

Thanks Colin will do it right after I have posted the letters I received.

 

Think I've jumped the gun. I looked at the letter advising they have acted in according to their procedures again, I think it is from the Company Sec Department as I've just got another letter saying my complaint has been passed on.

 

http://i420.photobucket.com/albums/pp284/djackson29/cseca.jpg

http://i420.photobucket.com/albums/pp284/djackson29/csecb.jpg

 

http://i420.photobucket.com/albums/pp284/djackson29/Experiana.jpg

http://i420.photobucket.com/albums/pp284/djackson29/Experianb.jpg

 

http://i420.photobucket.com/albums/pp284/djackson29/Complaint-1.jpg

 

All comments welcome

 

Scrapper Coco

[Scrapper]

This is great. Just got off the phone with my local MP's Sec and she is going to call me tomorrow with an appointment to see him and discuss what Tesco's have done.

 

I explained it all to her and basically said it's not right that a company associated with RBS can go cap in hand for help but when the person on the street asks for help they take upon themselves to ignore them, then default them. You know the rest of the story so I won't bore you with it. She agreed with me. She even said he likes to meet in the PUB. My kind of guy.

 

I'll let you know what happenes

 

Thanks

Scrapper Coco

Edited June 22, 2010 by Scrapper

[Scrapper]

bump anyone

[colin21958]

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

 

Hi Scrapper,

 

The DN and subsequent termination mean that the account has been unlawfully terminated. However, this is now some time ago and you have been paying in the meantime. Two questions, what was the amount of arrears shown on the DN and how much in total have you paid since then?

 

Colin

[Scrapper]

Hi Scrapper,

 

The DN and subsequent termination mean that the account has been unlawfully terminated. However, this is now some time ago and you have been paying in the meantime. Two questions, what was the amount of arrears shown on the DN and how much in total have you paid since then?

 

Colin

 

Morning Colin

 

The story is that I called them to advise I'd lost my job and need to reduce my payments.

 

They sent me a expenditure form which I completed and sent back recorded delivery.

 

While waiting for a response the payment date had passed and I was getting calls from their collections team. I explained what was happening and they put the calls on hold.

 

After a few weeks I had heard nothing from them so I called them up and they told me they hadn't recieved the form and sent another one.

 

I completed that and sent it back recorded delivery.

 

While waiting for a response AGAIN the payment date had passed and theg calls from their collections team started again. I explained what was happening and they put the calls on hold again.

 

Now this your going to love, I heard nothing back again so I called them and low and behold they told me they hadn't received it. No wonder the banking system collapsed.

 

They sent another form and I completed it AGAIN and sent it back recorded delivery which this time they confirmed receiot of.

 

And the calls started again. I explained that I was still waiting on a decision on my reduce offer of £40pm.

 

While waiting I recieved a DN and Termination letter in March 09 but was none the wiser if I'm totally honest as never been in this situation before. And I thought that now an temporary agreement was in place and nothing had appeared on my credit file they must have reversed it due to them losing all the correspondence I sent. I know better to think that now.

 

Anyyway I recieved confirmation that they would accept my offer of reduced payments for 6 months and thought nothing more of it. I was actually paying them £50pm as wanted to clear the debt.

 

I returned to work in Jan 10 and sent them a letter advising (recorded delivery) that I'd returned to work and normal monthly payments with interest could commence again.

 

I carried on paying and even increased the payments to £60pm while waiting for yest another response that never arrived.

 

Then low and behold in April this year I recieved an alert on all my credit files. I looked and it was Tesco's. They had registered it 1 year after they sent the letter and had defaulted me while waiting for a response from them.

 

Anyway in answer to your question the arrears was for £198 and I have paid £620

 

And this is the bit the really puts the icing on the cake. I got a letter from the head of the complaints department and I quote " Tesco’s admit liability for failing to respond to you and this not being acceptable from a service viewpoint but Tesco's has acted in accordance with the Terms and Conditions set out in your agreement and in line with the OFT guidelines"

 

So what they are saying is, it's all my fault for losing my job and they are not to blame in anyway.

 

Hope all that makes some sense

 

Thanks

Scrapper Coco

Edited June 24, 2010 by Scrapper

[colin21958]

...

 

Anyway in answer to your question the arrears was for £198 and I have paid £620

 

OK, so you have already paid far more than the arrears amount; here's what I'd do if I were you...

 

Send a letter along the lines of:

 

Dear sirs,

 

I am writing with reference to the account No **** and further to my letter dated ***** (enter a date few days after the date of the letter terminating the acount here; which is probably when you sent this letter!?) in which I accepted your unlawful rescission of the account due to terminating it on the back of an invalid Default Notice. As mentioned in my letter of ***** (same date here as above) I acknowledged liability to pay you the arrears shown on the invalid Default Notice, this being the only amount you are entitled to, however it has just come to my attention that I have now repaid this in full and indeed you did not inform me when this amount was covered, instead you have allowed me to continue paying you money to which you are not entitled! I therefore require that you refund to me in full all money paid to you in excess of the arrears total shown on the defective Default Notice which you sent to be on *****. I am now considering starting a claim for damages for unlawful rescission of contract and also a claim for damages to my credit as a result of you continuing to record data with the credit reference agencies even though my permission for you to share my data expired with the unlawfully terminated contract on ***** (date of termination letter). Test cases have shown that the amount which can be awarded for damage to credit is up to £10,000 and without the need to show any specific damages.

 

I am not an unreasonable person and would therefore consider not making a claim for damages if you would kindly remove all data from the credit reference agencies within the next 14 days without me having to ask again. After this time I shall review and reconsider my options.

 

Yours faithfully, etc.

 

 

Might work, you never know!!

 

Colin

[Scrapper]

Thanks Colin I appreciate your help.

 

If they don't go for it what do you think I my chances would be if I took them to court as they have admitted they failed to respond to me and it was unacceptable on their part.

 

Thanks

Scrapper Coco

[colin21958]

Thanks Colin I appreciate your help.

 

If they don't go for it what do you think I my chances would be if I took them to court as they have admitted they failed to respond to me and it was unacceptable on their part.

 

Thanks

Scrapper Coco

 

It is always risky to issue a claim against a creditor, because it means you have the burden of proof on you. They can also issue a counterclaim for the full balance. It depends on how you confident you feel. It seems like they have terminated the agreement unlawfully however, as it is a long time ago and you continued to make payments you may have difficulties proving that you accepted it.

 

Is this the only default on your credit file? If it is then it puts you in a VERY strong position to claim damage to credit (if you can prove UR) and they should realise that. It really depends on what you want out of this; Do you want to remove the default, avoid the debt, claim damages, etc.? I know your initial motivation was to get the default removed from your file so that you could get a mortgage, but you have since realised that you can transfer your mortgage. How do you feel now?

[Scrapper]

Hi Colin

 

I have managed to keep a clean credit record for the 12 months I was unemployed and I'm still managing to keep a clean record with my second term of unemployment. This is mainly down to having payment protection on all debt apart from Tesco's and MBNA as I saw this recession coming a about a year before it happened. I did a deal with MBNA as that was a very large bill. I could kick myself as I kept telling myself to make sure I covered them 2 cards card but something else always came up. That's life I suppose.

 

To be honest with you I really am not that bothered about it. It's just a matter of principal now due to Tesco's making out it was all my fault and they are not to blame in any shape or form.

 

I did exactly what it said on the tin and they completely ignored me and they shouldn't be allowed to get away with it.

 

I will see what they come back with as I think it is still being looked at by the looks of things. If they still think they are right, then I will send them the letter you suggested and take my chances.

 

I'll tell you one thing though, they will not get another penny from me without taking me to court.

 

Then if they take me to court I will just tell the Judge what happened from start to finish, all the paperwork is in order and then let him make up his or her own mind whether they acted responsibly? I never once disputed I owed them anything and they have treated me like a piece of sh*t they trod in, so that should count for something hopefully.

 

Thanks again Colin

 

Scrapper Coco

[colin21958]

Hi Colin

 

I have managed to keep a clean credit record for the 12 months I was unemployed and I'm still managing to keep a clean record with my second term of unemployment. This is mainly down to having payment protection on all debt apart from Tesco's and MBNA as I saw this recession coming a about a year before it happened. I did a deal with MBNA as that was a very large bill. I could kick myself as I kept telling myself to make sure I covered them 2 cards card but something else always came up. That's life I suppose.

 

To be honest with you I really am not that bothered about it. It's just a matter of principal now due to Tesco's making out it was all my fault and they are not to blame in any shape or form.

 

I did exactly what it said on the tin and they completely ignored me and they shouldn't be allowed to get away with it.

 

I will see what they come back with as I think it is still being looked at by the looks of things. If they still think they are right, then I will send them the letter you suggested and take my chances.

 

I'll tell you one thing though, they will not get another penny from me without taking me to court.

 

Then if they take me to court I will just tell the Judge what happened from start to finish, all the paperwork is in order and then let him make up his or her own mind whether they acted responsibly? I never once disputed I owed them anything and they have treated me like a piece of sh*t they trod in, so that should count for something hopefully.

 

Thanks again Colin

 

Scrapper Coco

 

I understand how you feel. However, if you do get taken to court by them the judge probably won't be that interested in your story, even if he is sympathetic towards you; he will make a descision based on the facts of the case. You should stand a chance of claiming UR, but they may claim you didn't accept it; so you may have to show them a copy of the letter you sent them after you received their termination letter.... Then maybe the Judge will find in your favour, otherwise you could end up with a CCJ. To be honest a CCJ is worst than a dozen defaults on your credit file, so I wouldn't go down that route unless you are really confident about winning...

[Scrapper]

To be honest a CCJ is worst than a dozen defaults on your credit file, so I wouldn't go down that route unless you are really confident about winning...

 

 

If that's the case and I'm still not working I'll offer them £1pm as I am only receiving JSA.

 

My next door neighbour who's an Insurance litigation lawyer (he asked around as it's not his field) and he advised that as I have 2 dependant children and am not entitled to any other form of benefit I would be perfectly within my rights not to pay them anything due to my current circumstances and any court would look at this in my favour as the Social Security Administration Act 1992 Section 187 (b) Jobseekers Allowance forbids any organisation that is regulated by the banking code from taking payment from peoples benefits.

 

Social Security Administration Act 1992 Section 187: — 187.—(1) Subject to the provision of this Act, every assignment of or charge on–

(a) benefit as defined in section 122 of the Contributions and Benefits Act; [3(aa) a jobseeker’s allowance;]

(b) any income-related benefit; or

© child benefit,

and every agreement to assign or charge such benefit shall be void;

This would also leave them powerless to get a CCJ against me.

 

They wanted to play silly buggers and think they are being clever when all I wanted to do was clear the debt and move on with my life so bring it on.

 

I wouldn't mind but I only owe them £1800 which I could pay right now. It's my pride and their sheer bloody attitude that's stopping me from doing it.

 

And becuase of their actions they go from getting £60pm to £1 overnight and there isn't anything they can do about it.

Thanks again Colin. I appreciate it.

 

 

Scrapper Coco

Edited June 24, 2010 by Scrapper

[colin21958]

You are welcome Scrapper, and I think £1 per month is probably more than they deserve, but it will keep them off your back I suppose.

 

So now they'll have to wait 150 years to get their money instead of the 30 months they could have had it in!

[Scrapper]

So now they'll have to wait 150 years to get their money instead of the 30 months they could have had it in!

 

They could of had it quicker than that as I was about to up my monthly payments to £100pm and then try and do a deal with them.

 

It works both ways in my book and because they threw their toys out of the pram our friendship is over because they have really hurt my feelings and made me cry

 

Thanks again Colin

 

Scrapper Coco

[colin21958]

They could of had it quicker than that as I was about to up my monthly payments to £100pm and then try and do a deal with them.

 

It works both ways in my book and because they threw their toys out of the pram our friendship is over because they have really hurt my feelings and made me cry

 

Thanks again Colin

 

Scrapper Coco

 

My pleasure...

[Scrapper]

Afternoon

 

Well I finally recieved a reponse from Tesco's and it states the following:

 

Dear Scrapper

 

I write further to your letter dated 12 June in reponse to my letter dated 11th June.

 

Your comments have been considered but our position remains the same we have nothing to add. We have clearly reached an impasse but will of course provide information as outlined in previous correspondence should you involve a third party.

 

Thank you for taking the time to write in again.

 

 

So the gloves are now off and I'll await the lets go to court letter and let a judge decide the outcome.

 

Stupid really as they are now prevented from taking me to court as I'm on benefit and I'm buggered if I'll tell them when I'm back working again.

 

They could have just said it was 50/50 and we could have all moved on and they would get paid.

 

Thanks

Scrapper Coco

[lexis200]

 

 

If that's the case and I'm still not working I'll offer them £1pm as I am only receiving JSA.

 

My next door neighbour who's an Insurance litigation lawyer (he asked around as it's not his field) and he advised that as I have 2 dependant children and am not entitled to any other form of benefit I would be perfectly within my rights not to pay them anything due to my current circumstances and any court would look at this in my favour as the Social Security Administration Act 1992 Section 187 (b) Jobseekers Allowance forbids any organisation that is regulated by the banking code from taking payment from peoples benefits.

 

Social Security Administration Act 1992 Section 187: — 187.—(1) Subject to the provision of this Act, every assignment of or charge on–

(a) benefit as defined in section 122 of the Contributions and Benefits Act; [3(aa) a jobseeker’s allowance;]

(b) any income-related benefit; or

© child benefit,

and every agreement to assign or charge such benefit shall be void;

This would also leave them powerless to get a CCJ against me.

 

They wanted to play silly buggers and think they are being clever when all I wanted to do was clear the debt and move on with my life so bring it on.

 

I wouldn't mind but I only owe them £1800 which I could pay right now. It's my pride and their sheer bloody attitude that's stopping me from doing it.

 

And becuase of their actions they go from getting £60pm to £1 overnight and there isn't anything they can do about it.

Thanks again Colin. I appreciate it.

 

 

Scrapper Coco

 

Does 'any income related benefit' apply to child tax credits do you know?

 

It'd be damn handy if it does as my income is that and child benefit. OH is on a wage, but unfortunately for them it's not his debt and we're not financially linked so it doesn't matter what he earns:p

[Scrapper]

Does 'any income related benefit' apply to child tax credits do you know?

 

It'd be damn handy if it does as my income is that and child benefit. OH is on a wage, but unfortunately for them it's not his debt and we're not financially linked so it doesn't matter what he earns:p

 

 

Hi Lexis

 

From what I am lead to believe, any benefit that is paid by Revenue and Customs i.e. JSA, Child Tax Credits etc etc is covered under the Social Security Administration Act.

 

I will ask my neighbour if he can double check for me and get back to you ASAP.

 

Thanks

Scrapper Coco

[lexis200]

You're a star:) xx

[Scrapper]

They are not allowed to take family allowance or child tax credits full stop.

 

My neighbour advised that if the company in question tried to take ou to court it wouldn't make it past the front steps end of story.

 

Social Security Administration Act 1992

 

Quote this at them.

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

©child benefit, and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

 

Write a letter of complaint to the FSA & FOS and tell them they are threatening you with alll sorts and this money is for what it says on the tin "CHILDREN"

 

Hope that helps

 

Scrapper Coco

[lexis200]

That really does help scrapper, thanks. I'm on payment plans with most of my creditors but it is only doable by using my benefits as they're the only income I have, which obviously means I am very stretched each month.

 

I think I will turn round to them all and have a go at saying it's unsustainable (which to be honest it is as I'm constantly in my overdraft and just going further in each month) and it's a quid a month till things pick up.

 

[steven4064]

THey cannot make an attachment order or time order if your income comes soley from benefits covered by the Social Security Administration Act 1992 or Tax Credits Act 2002. However, I have a feeling that Job Seekers Allowance is not covered by these Acts as it is 'income related'

[Scrapper]

THey cannot make an attachment order or time order if your income comes soley from benefits covered by the Social Security Administration Act 1992 or Tax Credits Act 2002. However, I have a feeling that Job Seekers Allowance is not covered by these Acts as it is 'income related'

 

Hi Steven

 

Thanks for your input it's appreciated.

 

I have had it double checked by my neighbour (laywer) and it does include jobseekers so they can't touch a penny of it.

 

Even if they could touch it, they'd have a difficult time in doing so as I only get £64 and have to dependent children which need feeding and watering. This leaves me with nothing spare.

 

They have shot themselves as far as I'm concerned. I was paying £60pm and about to up that to £100pm. As they have acted immorally and wrecked my CF and won't accept they are at fault. they can go *@~: themselves.

 

Thanks

Scrapper Coco

[citizenB]

Scrapper, do you have the address for the Data Controller of Tesco, please.

 

[Scrapper]

Scrapper, do you have the address for the Data Controller of Tesco, please.

 

 

 

Here you go

 

The Company Secretary

Tesco Bank

Interpoint Building

22 Haymarket Yards

Edinburgh

EH12 5BH

 

Thanks

Scrapper Coco

[citizenB]

Brilliant, thank you