Thread: Tesco Credit Card/ Triton CCA response

Hi all, a bit of advice needed about the response I received from Tesco Personal Finance to my CCA request.
I sent CCA request to Triton. The response came from Tesco. Their letter informed me that my request contained some misconceptions about entitlement to information. They also enclosed the following;

General conditions leaflet
Copy of terms and conditions (states this is a copy of your agreement for you to keep, however, it has no signatures, just a generic copy)
Copy of my original application form.
Copy of latest statement

With no signed credit agreement, am I right to assume that they have not complied with my request?

Thanks, Paul

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Thanks,will try and get my application form on here soon.

Paul

If you could post both the letter and the "application" we can pass judgement...

Thanks Dave, will post them shortly. What I do find confusing with the Application form is that top left it says 'Apply for your Tesco Credit Card today'. But top right it says 'Credit Agreement regulated by...'. Will let you have a look anyway.

thanks again, Paul

Hope this works, letter and application;

Will try again!

Saddler try Photobucket

Thanks Curlyben;


letter
http://i220.photobucket.com/albums/d...10/LWF0002.jpg

form
http://i220.photobucket.com/albums/d...10/LWF0003.jpg


Let me know what you think.

cheers, Paul

Saddler, thanks for that.
Oh well I wonder if Tesco would have any misconceptions over the word UNENFORCEABLE !!!

This is clearly an application form and as such DOESN'T contain any of the prescribed terms required for an agreement.

Originally Posted by 8.1 What are ‘prescribed terms’?

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

8.2 What if prescribed terms are missing or incorrect?

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.


8.3 What are the prescribed terms?

The prescribed terms specified in Sch 6 are as follows:

* amount of credit – see Q8.

* credit limit – see Q8.5
* repayments – see Q8.9.
* rate of interest – see Q8.6

Sch 6 was not amended by the 2004 Regulations.


Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk...ceability.html

Thanks for the responses, it's what I thought but good to have some confirmation. Had another letter from Triton around the same time as the Tesco response (actually the day before) asking me to call to discuss repayment. Not sure whether to write and tell them CCA has not been complied with despite what Tesco/RBS may have told them, or just let the 30 days run it's course.


cheers, Paul

Saddler

Its the same responce that I got for my RBS and Natwest, even the same woman signed it.

When you write to her to tell them its an application form you will get another standatd letter quoting the 1983 copy docs.

I have reported her to T/S for both accounts.

HAK

Hi all, sent a letter to Tesco Personal Finance yesterday, informed them that I will not be making a payment as they have not complied with my request. They now have until next Friday to provide a properly executed agreement, don't think it's going to happen!

Paul

Originally Posted by WormHasTurned

Saddler, this is very interesting for me, as I have just had EXACTLY the same letter as you from Tesco (except I am with Tesco's Debt Recovery Department) , but I was not privileged enough to get a copy of my filled in application form - I was only sent a copy of a blank application form - reduced to 20% of it's original size.

Don't want to hijack your thread, so will post on a more general thread and give a link when that's done.

Regards

Hi, will let you know what sort of response I get from them!

Paul

Hi all, it's been a bit quiet with this one for a while, but have recently received another letter from Triton, asking me to call to discuss the outstanding amount and that it may be 'appropriate' for a debt recovery agent to call on me. Now, as the deadlines are long past, should I be reporting them to Trading Standards?

cheers, Saddler10

Yep sound plan as they are demanding payment on an unsubstantiated debt.

Cheers for the response Curlyben, I am currently having a look at others in similar situations. Some interesting reading, particularly Having A Knightmare's experiences with Trading Standards.

Saddler10