old tesco/RBS loan - help

[DonkeyB]

Can you tell us the exact basis on which you entered an agreement with Tesco? Do you still have their letters?

 

If you have stuck to the agreement, and their letter indicates this agreement superseded the CCA, then there may be a case for estoppel as they are trying to change the terms.

 

Let us know what you have.

 

And yes, Freds are prize t***s.

[Rocky Roadster]

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.

[Rocky Roadster]

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,

[SabreSheep]

If you are afraid of signature lifting, draw a grid of lines and sign over them.

Enclose a copy of your local council tax bill to remove all doubt.

 

Also write something along the lines that they have been happy to communicate personal information to you at this address and as such view this request as obstructive as they must of been happy with your identity before the request. As such if they do not comply with your request within the time frame you WILL lodge a complaint with the Information COmissioner.

[dx100uk]

SAR I a legal document

 

 

you need to sign it

 

 

dx

[Rocky Roadster]

Thanks

[Rocky Roadster]

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

 

 

 

[Bazooka Boo]

Firstly RELAX!

 

You did the right thing, tell them to get off your property and shut the door in their ugly.

 

NO they CANNOT take your car OR ANY goods these clowns are NOT BAILIFFS nor will they ever be, these fools you can laugh at all day long.

 

Start a paper trail of evidence TODAY,

 

YOU are in control here NOT them.

 

What do any of these missives say?

Do they refer to ''their client''?

 

When did you take this loan out?

 

Stay OFF the phone, keep everything in writing. And if anyone else turns up thinking they're the big I am, then tell them they have 5 seconds to get off your property before you call the policer and have them removed.

 

 

[dx100uk]

god please don't tell me this is:

 

 

who are DMS please and who are their stated clients?

 

you don't need to hide names.

stop being scared of powerless DCA's they are NOT BAILIFFS!!

and have ZERO legal powers

[Rocky Roadster]

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

 

[dx100uk]

threads merged

so you again recently sent Tesco a new CCA request and they've failed the 12+2 working days deadline?

 

ignore any DCA totally until/unless you get a notice Of Assignment from Tesco's.

 

dx

 

 

 

[Rocky Roadster]

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

[dx100uk]

SB debts are dead and as with any debt 99% die with you anyway.

 

DMS are part of the Arrows Group (capquest etc) 

you've sent a CCA they have failed

until/unless they reply with a checked and enforceable cca or a letter of claim from say drydens solicitors etc

you are safe to ignore everyone and as you have ..cease payments.

 

well done

 

yours is not the next move.

 

dx

 

 

[Rocky Roadster]

Will do.