Tesco Personnel Finance

[basa48]

Originally Posted by Howler14

Today, I have recieved a letter from Tesco Personal Finance stating that they have terminated the account as I have not met the conditions of the default notice. Asked to destroy the card and contact at arrange methods of payment.

My letter on Thursday said they consider they have complied with s78, the account is not in dispute, they will pursue the debt (oh yes please!) and this is their 'final response'.

I've replied with another letter asking for a properly executed agreement or I I'm not obliged to pay. We'll see if that WAS their final response! (I do hope so ).

[Pumpkinhead]

Subbing

Have read this thread with great interest as I too have received basically all the same documents upon my request for a CCA from Tesco PF. My most recent letter from them was "their final response". I will write again reiterating that the document they have supplied me with is unenforceable and at same time write letters of complaint to OFT and fos.

[Pumpkinhead]

PS, My documents are the same as Basa's, including the stamped signature with David McCreadie.

[basa48]

My Subject access request response period expired Friday .. nothing yet.

[Howler14]

Today I recieve a letter from Triton Credit Services demanding immediate payment.

[Pumpkinhead]

The Tesco saga continues, they have now sent me a default notice. I have replied protesting that they are not entitled to do this as account in dispute as documents they've sent me do not comply with the required legislation of the CCA. I am also writing letter of complaint to Trading Standards. Is there any thing else I should be doing at this stage? My docs are the same as Basas.

Any thoughts on what they might do next??

[basa48]

Originally Posted by Howler14

Today, I have recieved a letter from Tesco Personal Finance stating that they have terminated the account as I have not met the conditions of the default notice. Asked to destroy the card and contact at arrange methods of payment.

I was about to say I got one of those but it was from some other CCC !!

I got my Subject access request reply ....... same agreement as from the CCA .

Funny thing is they've also sent another separate page with all the prescribed terms and T&Cs on. I presumed at one stage they were going to make out that was the reverse side of the application .. a la MBNA.

The funnier thing is they've sent it with my current credit limit and the latest interest rates (a staggering 20%).

Did you say your agreement is like mine i.e. an application? Was it a genuine Default Notice in the correct form?

I'm not sure what I would do because if you reply saying why they are in default it might stop them doing anything and your default remains indefinitely.

I would probably sit tight and do nothing. That'll make them nervous, especially if they know the strength of your case. Mind you I'm not sure how bright the collections monkeys are.

[basa48]

Originally Posted by Howler14

Today I recieve a letter from Triton Credit Services demanding immediate payment.

Ha ..... Tesco have passed the debt on (or just asked their tame monkeys to try to get their money back). Either way in most cases it demonstrates they don't think they've a hope and don't want to waste the time.

Ask Triton for a copy of a compliant CCA.

[basa48]

Well I've got my agreement from Tesco from both s.78 and Subject Access Request.

Both are just an application form and a separate page of terms. (I know they aren't the ones with the original application because they state the current credit limit and interest rates).

I have written asking them to confirm where I can find the prescribed terms on the document they have supplied and if they can't tell me will they mark the account as settled and return the money they have charged for default charges over the years.

Let's see how they respond.

letter before action and PoC in preparation.

[katedog]

subing....

i got the same application form from tesco.

i wrote back telling them they'd not complied and made a secoond request for cca under the pre trial disclosure rules and added account in dispute not paying anymore.

to date no reply but will keep you updated.

any updates on your progress would be appreciated.

[basa48]

Originally Posted by katedog

subing....

i got the same application form from tesco.

i wrote back telling them they'd not complied and made a secoond request for cca under the pre trial disclosure rules and added account in dispute not paying anymore.

to date no reply but will keep you updated.

any updates on your progress would be appreciated.

DN received some time ago, lba sent and PoC in preparation.

As there are no PTs on the agreement/application I shall be going for s.59 void or s.61/127 unenforceable.

[Archiem]

I believe that Tescos are administered by NatWest, strangely enough I cca both, NatWest sent back unsigned terms and condition etc much the same as you have with Tescos, whilst Tesco's said they don't have a CCA and the debt is unenforcible, but I must still pay, I said its in dispute because I don't have a CCA, they said, don't write again.

The letter from NatWest and Tescos were both signed by the same person, so I assume that NatWest have convinced Tescos that if they don't have a CCA just bodge one up like NatWest.

[basa48]

Update:

No response to my lba so the claim goes in Monday/Tuesday citing s.59 and s.61. I've asked for void or unenforceable, removal of DN plus damages for same, return of default charges and costs.

[katedog]

Hi all

Any updates???????????????

[basa48]

Originally Posted by katedog

Hi all

Any updates???????????????

Not yet unfortunately, I've had no reply from the court that my claim has been served despite them cashing my cheque a week ago.

[Howler14]

Turn up for the books here, I have found my original new credit card pack for Tesco. It bear no relationship what so ever to the information they sent me.

[andbrat]

Hi Howler
I am interested to know if Triton have passed on your account and if you responded to their original letter and how

have just received 1st letter from Triton trying to draft up a response

thanks

[Howler14]

Well I took the approach of totally ignoring anything that didn't come from Tesco Personal Finance.

May to July was Triton, starting with the payment demand, and progressing to the notice of legal proceedings but never anything more than a letter or phone call (which I just hang up to).

In August we had the Green and Co solicitors letter, ignored this too. This stated they were going to commence court proceedings, nothing yet. According to the Law Society these don't exist, interesting.

Now we have Allied international Credit, these are idiots my account is with Tesco so they ask about an RBS account. They try the guilt trip approach, which if you have got this far doesn't wash. They have registered office in Basingstoke but operate out of Glasgow.

So far lots of letters and phone calls but no action.

[Howler14]

Recently sent a Subject access request to Tesco Personal Finance, they returned as I hadn't signed, do I sign or not....

The big question.

[basa48]

Originally Posted by Howler14

Recently sent a Subject access request to Tesco Personal Finance, they returned as I hadn't signed, do I sign or not....

The big question.

Standard practice is to sign over a row of 'xxx's' or 'ooo's' (or in my case the date). So it can't be lifted onto anything else.

It wouldn't stop me, so I use a fake sig (but not too fake - just enough to know and be able to prove its not my usual).