I've re-read all my documentation and the only place anything is mentioned is on the application form under the heading Data Protection Act, which starts "Tesco Personal Finance Ltd ('TPF') is a joint venture between Tesco plc and The Royal Bank of Scotland plc." in very small print.

I still think I need written proof I owe RBS not Tesco.

Basa

If your contract did not mention anything about RBS, then I guess legally you could argue that you did not have a financial relationship with them. As such I suppose technically not withstanding the issues about them not having an enforceable agreement, you could argue that Tesco should have sent you a notice of re-assignment.

I think RBS would argue that in all their documentation, it was clear that Tesco Personal Finance was a jointly owned partnership between Tesco and RBS. There would have been somewhere in the documents, all the necessary legals to allow Tesco and RBS, to process your data for Data protections purposes, credit checks, notifiying CRA's etc.

This is a bit tricky. I bet Tesco/RBS compliance staff did not think about the possibility of debts being split between them when their was a divorce, to ensure the documents/processes catered for this.

huckster

huckster:

I think the loan agreement would have made it clear that that TPF was a joint venture between Tesco and RBS. Whether the terms of the agreement render it unecessary for any re-assignment of the debt to be notified I am not sure. You would have to study your agreement carefully to see whether this is another avenue that could be probed.

My understanding of how they operated, was that RBS carried out most of the administration, closely watched by Tesco. I would think RBS have always kept the paperwork.

Huckster

My Card application (posing as an agreement!) dated 2000 bears no mention whatsoever of RBS.

All correspondence regarding the dispute up until the DN were on Tesco headed paper with no mention of RBS.

The DN was on Tesco paper but listed the creditor as RBS (not Tesco PF).

Some DCA letters referred to Tesco, the last two (Moorcroft / Midas) referred only to RBS.

All very confusing. To whom is the alleged debt due Tesco or RBS? I never signed anything with RBS.

I think I'll ask them to prove the alleged debt owed.

basa: One of my creditors was Tesco PF. But now all the correspondence concerning this debt is headed RBS (with no mention of Tesco).Should I be looking for proof that this debt has been re-assigned ?

I think the loan agreement would have made it clear that that TPF was a joint venture between Tesco and RBS. Whether the terms of the agreement render it unecessary for any re-assignment of the debt to be notified I am not sure. You would have to study your agreement carefully to see whether this is another avenue that could be probed.

My understanding of how they operated, was that RBS carried out most of the administration, closely watched by Tesco. I would think RBS have always kept the paperwork.

Huckster

huckster:

Hi

I think the loans Tesco made were under the Tesco Personal Finance guise, which at the time was a joint venture between Tesco and RBS. Tesco has since bought out RBS from this joint arrangement. Perhaps they are too busy arguing about who owns the debts to be bothered about chasing them. I don't think the divorce was very amicable, if the rumours are right.

One of my creditors was Tesco PF. But now all the correspondence concerning this debt is headed RBS (with no mention of Tesco).

Should I be looking for proof that this debt has been re-assigned ?

I wonder if RBS (and thier gofers) even have a copy of the documents for this debt?