Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Like
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Tesco (RBS) Visa CCA Request


GirlAloud
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5329 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Guys. Made a CCA request to Tesco about a month ago and today received a letter and some docs. Part of the letter said:

 

Your written request for information made under s78 (1) of the Consumer Credit Act must be accompanied by payment of a fee of £1, which we have received and has been applied to your account accordingly. We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the 'true1 copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement.

They have sent me:

 

- My original application form (signed by me)

- Copy of their terms on conditions (I am presuming these are from 2000 when I signed for the card)

- a blank credit card agreement

- Another copy of therms and conditions which I presume are therir current ones

 

I am presuming it is safe for me to dispute what they have sent me?

Link to post
Share on other sites

  • 2 weeks later...

Don't know if there is anybody out there...but now received a default notice - which I am presuming they cannot do without valid CCA. I have found a links to similar letters (to the one I have recieved) and they seem to be a standard 'fob off' when they don't have a valid agreement. Any advice much appreciated - I am particulalry interested in a 'definitve' guide to what a CCA should look like.

Link to post
Share on other sites

Hi, Girlsaloud,

 

Basically, Tesco will only provide the application form and claim it is enforceable. You will claim it is not enforceable and it is only a court which will decide either way!

 

Are the prescribed terms on the 'application form' ? - if not, they have no chance of getting any money from you, whatever they bluster.

 

Whether or not you dispute the CCA, they will default you, as you have found out. KEEP the default notice as it may be extremely important if this ends up in court.

 

Next, they will set various DCAs on to you, to reclaim the balance, to which you will claim the account is in dispute and you do not acknowledge any debt, etc . . .

 

Then they will send in their legal team, ie Incasso solicitors, who are fairly lively about starting a claim. They will expect you not to defend, of course, leading to them get a ccj against you by default. Then they will go for a charging order if you own your house.

 

Now for the good news . . .

 

Incasso are notorious for issuing county court claims at speed, but then have no guts to see it through, usually discontinuing their action when anyone has the temerity to defend!

 

Can help you if it gets to that stage as I've been there before . . .

 

BAE :)

Link to post
Share on other sites

Thanks for this - very helpful - no prescribed terms on application. They sent:

 

- My signed application form from 2000

- 2 x terms and conditions

- An unsigned/undated credit card agreement

- my last statement

 

I found another thread on here and it seemed fairly clear that WAS not acceptable under CCA. I guess when tesco don't have a CCA they take a chance and send you all the crap above. I have already put the account into dispute. To be honest my finances are wrecked since my marriage ended and they are way down the pecking order!!

 

I have experience of Incasso. Sent my ex husband one letter to my address requesting full payment on a loan (there was no account number on or any detail). I wrote back saying he did not live here anymore and no idea when he was. Few days later county court papers arrived from Northampton. Sent them back 'no known at this address'.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...