Please help, desperatly worried

andyathers

Thanks fatbelly

andyathers

Feel better today,initial shock wearing off.I will get a battle plan ready,and use the advice from this site.

Re-determination ETC

Thanks any more advice welcomed

andyathers

Hello all,

Just like to add.Tersco loan via Incasso, have sent myself blue court claim forms, but they havent sent them to my wife.The loan is a joint loan.Can they do this as we are both liable.Tesco sent both of us letters saying they are happy with payplans offer.When I rang tesco they say they only sent the letter of acceptance to my wife, yet they have also sent me a acceptance offer.

So how can they be happy with my wife to make reduce payments, but not with me and send me court papers.

thanks

fatbelly

Legally it's possible because of 'joint and several liability'

However, I am starting to wonder whether this is a c0ck-up on Tesco's part.

Tesco sold you a loan but it's actually a RBS loan, isn't it?

Have you tried to talk to the solicitors at RBS, not Incasso who they have employed?

I have pm'd you with a contact who might be able to help.

andyathers

Thanks fatbelly

andyathers

Just updating Payplan have confirmed they have recieved the court papers and have dealt with them.I have sent CCA request to all our creditors.Update when I get new info.

Thanks

andyathers

This is the CCA they sent me,it looks enforcable.Thanks

andyathers

Just like to add, tesco havent defaulted me yet,does this matter.

Andrew

fatbelly

andyathers wrote: »

Just like to add, tesco havent defaulted me yet,does this matter.

Andrew

Yes it does - we should have established that sooner. It's a legal requirement for one to be served before a court claim can be made.

It may not change how Payplan want to play this but you should tell them.

Did you ever get to talk to the people at RBS?

andyathers

Hi fatbelly,
Yes i did speak to rbs they passed it on to the correct dept.No reply yet though.will speak with payplan tomorrow.But tesco have definatly not sent me a default.

thankyou