help..Bryan Carter taking me to court - tesco finance

[summersun6]

Hi, I was hoping somebody could give me some advice relating to a Tesco Personal Finance credit card debt.

I received a defalut notice in Nov 2009 from TPF followed by account termination in Dec 2009. Since then I have been pursued by Triton Credit Services.

In August 2010 Allied International Credit began to harass me o/b/o RBS card services. They too have ceased to chase me and now Bryan Carter Solicitors has issued a county court summons, quoting his client as Tesco Personal Finance Cards in correspondence, with the claimant on the summons being RBS re: Tesco Personal Finance Card.

 

Can anybody tell me the legalities of ownership of this debt as I understand RBS and TPF are no longer in partnership ? In July 2008 Tesco bought RBS' share of the business for £950M. So who actually owns the debt ?

Edited May 22, 2011 by summersun6
poorly laid out

[dx100uk]

renamed and moved to legal forum.

 

dx

[summersun6]

Found this on the internet, actually a Tesco recruitment site.

"Tesco Personal Finance was launched in 1997 as a joint venture between Tesco and The Royal Bank of Scotland. In November 2008, Tesco acquired the remaining RBS shareholding and Tesco Personal Finance is now fully owned by Tesco plc. In October 2009, Tesco Personal Finance began trading under the Tesco Bank name, in recognition of its longer-term objective of creating a full service retail bank for Tesco customers, offering a range of banking and insurance services through branches, in stores and online."

[summersun6]

I can understand why you have moved this to the legal section, but as I have now clarified my point, could you possibly change the title to a more apt one please so that it deals with the issue of RBS / Tesco ownership. It still needs to be legal section as I would like to expand the topic as it becomes clear who it is I am actually up against. Thanks SS

[summersun6]

Hi, I was hoping somebody could give me some advice relating to a Tesco Personal Finance credit card debt.

I received a defalut notice in Nov 2009 from TPF followed by account termination in Dec 2009. Since then I have been pursued by Triton Credit Services.

In August 2010 Allied International Credit began to harass me o/b/o RBS card services. They too have ceased to chase me and now Bryan Carter Solicitors has issued a county court summons, quoting his client as Tesco Personal Finance Cards in correspondence, with the claimant on the summons being RBS re: Tesco Personal Finance Card.

 

Can anybody tell me the legalities of ownership of this debt as I understand RBS and TPF are no longer in partnership ? In July 2008 Tesco bought RBS' share of the business for £950M. So who actually owns the debt ?

 

"Tesco Personal Finance was launched in 1997 as a joint venture between Tesco and The Royal Bank of Scotland. In November 2008, Tesco acquired the remaining RBS shareholding and Tesco Personal Finance is now fully owned by Tesco plc. In October 2009, Tesco Personal Finance began trading under the Tesco Bank name "

[dx100uk]

ownership here is not your issue.

 

bryan carter court papers aRE.

 

please keep to one thread.

 

if you look in the stickies of this forum

 

there is help there

first off you need to ack the claim.

 

although BC does not pull fake claimform gag

 

you are SURE this is real and has the court stamp?

 

dx

[summersun6]

This is defo a Northampton CC claim form. Have ackowledged papers. Why would ownership not be an issue as the DN was issued by one entity and the CCJ claim by another ?

[Andyorch]

Because it makes no difference who issued the Default Notice, or who originally owned it.

The Claimants named on the summons is your only concern now and defending successfully.

 

Regards

Andy

[summersun6]

So what is my next step ?

[Andyorch]

You have done your AoS now you decide to what your plea is:-

 

Defend or admit or part defend.

[summersun6]

I have put down to defend, but not sure on the path to take ? Thanks

[Jasper1965]

Because it makes no difference ....., .......... who originally owned it.

The Claimants named on the summons is your only concern now and defending successfully.

 

Regards

Andy

 

At face value no but that is assuming that it's the new owner who is pursuing the claim.

What we have here is the "old owner" pursuing the claim after they have already sold the account.

having sold the account as part of the £950m buyout deal, the old owner has no title or right to action.

now the old owner was TPF and RBS 50/50.

RBS sold their 50% share to the new owner TPF making TPF 100% shareholder.

This buyout is well documented.

Any claim should have been issued by TPF since they are the sole owner of the account.

 

Think BC have dropped one here.

[Andyorch]

At face value no but that is assuming that it's the new owner who is pursuing the claim.

What we have here is the "old owner" pursuing the claim after they have already sold the account.

having sold the account as part of the £950m buyout deal, the old owner has no title or right to action.

now the old owner was TPF and RBS 50/50.

RBS sold their 50% share to the new owner TPF making TPF 100% shareholder.

This buyout is well documented.

Any claim should have been issued by TPF since they are the sole owner of the account.

 

Think BC have dropped one here.

 

 

Would depend on the details of the assignment Im sure Mr C would know who he is representing

and which Client to appoint.Easily rectifiable if it is a genuine error.

 

Andy

[Jasper1965]

What assignment, Mr C. is in trouble if there was an assignment back to RBS and notice of that hadn't reached the OP before litigation was commenced. If you mean the assignment at the time of buyout then 100% is 100% surely. It was widely reported that RBS would have no interest in the venture afterwards.

 

Could you elaborate on how it is easy to change the claimant as I'm genuinely interested.

The provisions of CPR seem to point to this being easy if the claimant no longer has an interest but my interpretation is that the claimant never had an interest, not at the time of issue that is and therefore the provisions of CPR could not be applied to this claim as the claim was made without foundation.

 

IMO the mistake over the claimant is not rectifiable, they need to discontinue and restart with the correct claimant as the current claimant RBS has no right of action against the OP.

[summersun6]

So what is the next step ? I am convinced I have no agreement with RBS, I have received no notice of assignment and hence any alleged agreement would be with TPF. So if this is the case, should I be wasting the courts time or should I tackle this issue now ?

[summersun6]

I am running out of time now, has anybody any ideas ?

[dx100uk]

pm jas and anny or hit the triangle

 

dx

[Andyorch]

Sunny

 

If you are convinced the Claimant is incorrect and that no agreement exists you need further clarification

and disclosure.At this stage you simply need to submit a defence that refutes their claim.

When is your defence due?

 

Regards

 

Andy

[summersun6]

It is due on the 5th June !

[Andyorch]

So it is due tomorrow 3rd June

[Andyorch]

Obviously not in any great rush then:!: