Me v Tesco/Incasso

[Hillsey]

Helo all,

 

I took out a personal loan via Tesco fnance in October 2007 and despite losing my job I managed to keep up the payments until April 2008. In February 2009 I received a letter from Triton asking for a payment in 7 days. I didn't reply to the letter at all and since then I have heard nothing from them, until today. I received a letter from Incasso LLP demanding full payment within 14 days.

 

I called them to explain that I am out of work and receiving 10p a week in JSA with other monies going directly to my mortgage lender. The only income I receive is £155PM in Tax Credits. I also explained that I was dealing with the CCCS and that I could offer a token payment due to extreme financial difficulties. The response was that they had been instructed that unless I agreed to pay at £150PM over 5 years they would apply to the court for a charge on my property. There is no negotiation, that is what they intend to do.

 

This has certainly scared me and I would dearly like some advice on what I can do and more importantly what they can actually do.

 

I owe money to the likes of CapitalOne, NatWest and Barclaycard, all of which have accepted token payments. Do Incasso alays operate in such an aggressive way?

 

Thanks in advance.

[Hardupnotfedup]

STOP talking to these cretins on the phone, in writing with everything.

Send Incasso a CCA request http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter.

Let's see if they are entitled to collect the debt.

Edit as necessary enclose a £1 postal order and DO NOT SIGN IT.

Stop worrying

[Hillsey]

Thank you.

 

I will follow your advice and post any updates.

[Hillsey]

How long do they have to respond?

 

Thanks

[Hardupnotfedup]

12+2 days.

[Bazooka Boo]

If you send it recorded it will be 12 working days from when they receive it.

[Hillsey]

Why should I not sign it?

 

Sorry if these are basic questions but this is new to me.

[The Cappuccino Kid]

Why should I not sign it?

 

Sorry if these are basic questions but this is new to me.

 

It has been known (anecdotally) for CRAs to lift signatures off letters and apply them to application forms.

[diddydicky]

It has been known (anecdotally) for CRAs to lift signatures off letters and apply them to application forms.

 

it is BELEIVED (By some) that this May happen although i doubt if anyone on this forum can state such a case that has been proven to have occurred

 

but they are right- there is no need of a signature

 

make sure you send a £1 postal order or someone elses cheque and endorse the back "fee for s77/79 request only"

 

send it recorded or at least with a proof of posting receipt

 

from now on keep ALL envelopes from incoming letters and staple them to the back of the letter

[Hillsey]

They wrote back saying my letter was invalid because I had not signed it. This morning I get a claim form from Northampton County Court. What do I do now?

[diddydicky]

there is no legal requirement for a signature- so if they have not complied with s78 then although they can bring proceedings they cannot obtain judgement

 

acknowlegd the claim on the last day allowed and then you have 28 days to file your defence- which- if they have not complied with s78 will be simple

[Hillsey]

Many thanks for the advice. Will there be any help available with my defence?

[diddydicky]

yes for sure

 

i would be inclined to start a new thread -- and put a link to it on this thread that way you;ll get lots more folk looking in

[Hillsey]

Do I just sign and send back the Acknowledgement of service form and tick the "I intend to defend all of this claim" box?

 

If so I presume it needs to be sent recorded.

 

Sorry if I'm sounding a bit dumb but this is the first time I've had one of these. All my other creditors have accepted reduced payments due to severe financial difficulties.

[Hillsey]

How do I include a link to this thread in a new one?

[diddydicky]

Do I just sign and send back the Acknowledgement of service form and tick the "I intend to defend all of this claim" box?

 

If so I presume it needs to be sent recorded.

 

Sorry if I'm sounding a bit dumb but this is the first time I've had one of these. All my other creditors have accepted reduced payments due to severe financial difficulties.

 

no, because it came from Northampton you can do it online- follow the instructions on the claim form or log onto HMCS website for info- dont acknowledge service until the very last day so that you get more time for your defence

 

northampton will transfer it to your local court

[Bazooka Boo]

And here is the ICO's view on providing signatures, http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

[diddydicky]

that only applies to subject access requests

 

not s78 requests

[Bazooka Boo]

Which would indicate, if no signature is required for a SAR then there is zero need for a CCA request to be signed.

[Hillsey]

Guys,

 

I'm going to need a definitive answer on this. If they have made an error not processing my request because I didn't sign the letter then I need to know.

 

Thanks,

[Bazooka Boo]

It's very simple, if they have been in contact with you previously then they happy as to your identity, if they are now saying they need a signature to confirm your identity, then they have already breached the very guidelines/law they are purporting to be using! Can't have it both ways I'm afraid, if they are not happy as to your identity, then they should have thought about that before they sent you their first threatogramme.

http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&p=2788625

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/other/journals/JILT/2000/reed_3.html&query=Goodman+and+v+and+J+and+Eban+and+Ltd&method=boolean

[diddydicky]

if you have made the s78 request from the address that they have for you- then there is no reason for them to suppose/suspect/demand proof of identity and they were not entitled to refuse to comply with the s78 request

 

they are therefore in breach of s78 which means that they can BRING proceedings against you but cannot obtain judgement if they win

[Hillsey]

Hi,

 

I have sent back my Acknowledgement of Claim. Do I use the fact that they did not comply with my s78 request as my defence?

 

Thanks,