Can anyone advise me on a letter to hold back Westcot while waiting for Tesco to come through with CCA Please Help i'm in a panic!!

Hi need help again continuation from above After being advised by 42man I requested a copy of the cca again with the 1st letter from the above link but got no response so have now sent a copy of the 2nd letter from the above link & awaiting response by XX April 09. But have since recieved another letter from Westcot Credit Services who have been persuing the debt from October 08 & i have sent them numerous letters copied from these forums saying the account is in dispute. Westcot then put the account on hold for 30 days while waiting for the cca to be sent by Tesco & have since been told by Tesco that the cca was sent to me in December 08. So Westcot are now treatening me with a door step collection unless i contact them within 7 days they stated in their letter "We have previously advised you that one of the actions we were considering on your account, was a Collection Visit to recover the above outstanding amount from you. As we have also mentioned, we know of no genuine reason why you have failed to repay the above debt. Under the terms of the Office of Fair Trading Debt Collection Guidance, we have aduty to inform you that the next action Westcot will take is to pass your case to a door-to-door debt collector for recovery. The appointed Door Step Collection Agent will write to you under a separate cover prior to making a visit. If you wish to resolve this matter without the need for a Collection Visit, please contact us now on Tel:xxxxxxxxx" What should i do now whilst waiting for Tesco to get back to me with the cca. Tesco have not sent me a copy of any type of cca but like they told me they told Westcot it had been sent. What do i do about Westcot in the mean time. PLEASE HELP AAAAAAH

Hi Can anyone let me know if i have to send any cheques or p/orders with the above letter advised by 42man. Many Thanks

After paying Tesco Personal Finance a token payment of £1pm on a involuntary arrangement for around 3 years they passed my account to Wescot in which I acknowledged no debt & requested a CCA Westcot returned my £1 p/order & told me to contact Tesco directly for the CCA after many weeks with letters from solicitors & Wescot all seeking payment or threats with court action tesco finally sent me a statement of my account for November 08 plus a copy of their present terms & conditions but no CCA. I then sent the letter below to them (Tesco) ACCOUNT IN DISPUTE Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated XX December 2008 which was received at my address above on XX January 2009. The information you supplied to me was a statement of financial information relating to the above account, missing from the information you supplied was a true copy of the Consumer Credit Agreement. Please can you forward a true copy of this agreement as soon as possible as I am sure you are aware that this should have been supplied to me within 12 working days of my original request on the XX October 2008. You had until XX November 2008 to provide me with a true copy of the credit agreement that I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the XX December 2008 it became a criminal offence. Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data. I require all further communications from you to be in writing, from receipt of this letter as per the wireless telegraphy act 1949 any attempt to contact me by telephone will result in breaking the law and WILL be reported to the appropriate authorities. I look forward to hearing from you. Yours Faithfully Tesco responded with this letter below: Dear XXXXXXX Re Account: XXXXXXXXXXX Thank you for your letter dated XX Januray 2009. Regarding your recent letter concerning the Banks alleged breach of the CCA act, I would advise you of the following. Any request for a copy of an executed agreement under s78(1), states that the company must meet it's statuary requirements by providing a 'true copy' of the agreement relevant to the card product at the date the card agreement was made and providing that plus a copy of the current terms of the card product. These copies should be accompanied by the statement of financial information relating to the account. The provision of the 'true copy' in this form is made in reliance of Regulations 3(2) and 7 (1) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Particularly 3(2) which permits the copy agreement not to show signatures or personal details that may have appeared on the application part of the document. There is no statutory requirement under the Act for us to ever give a copy to a customer with a signature on it. As we have supplied a copy of the credit agreement that your client agreed to upon receipt of their Credit card and signed it, copy of the original and current Terms and Conditions of that card product, with the prescribed terms, a most recent statement showing the outstanding balance and advised you who your client needed to contact to discuss amounts due and owing, and future payments that must be paid. We have therefore met our obligations under s78(1) to provide a copy of that executed agreement and again we are satisfied that what was provided complied with the Regulations expressly made for controlling what is a 'true copy'. I must therefore inform you that we see no reason to enter into further correspondence with you about the alleged CCA breaches you lay at our door. If you are not satisfied with this response, you may see seek whatever legal redress you consider is open to you. We do not consider this account to be in dispute or void and your clients indebtedness on this account remains due and payable and we will be pursuing your client for the full repayment. I trust this clarifies matters for you Yours sincerely XXXXXXXXXX Senior Recoveries Officer Cards Services Please can someone advise me on what to do next as i don't know where to go from here. Also i am writing to Tesco Personal Finance in Southend but Westcot are saying the debt belongs to the Royal Bank of Scotland should i be writing to the RBS requesting this or Tesco. Many Thanks snidershappy

Can anyone please advise

Hi Can anyone please advise About 3yrs ago my friend bought a watch costing £80 from Kays Catalogue after making her last payment she was given a charge of £15 late payment fee, She refused to pay it because she said the statement had been late hense the late payment Well as you can imagine more & more £15's were added then passed to a DCA then they added fees for this an that which totalled to around £280. I wrote her a letter to get the debt passed back to Kays and after they looked at her statements & much debating with Kays they saw it was all fees & scrapped the debt & told her it was now sorted & that was the end of it but now out of the blue 3yrs later she has received a letter from a DCA demanding she pay £280 that was owed to Kays she is in a tissy over this can anyone help or is there any letter templates for this Many Thanks

Thanks for your help i will keep you posted on how it is going but just one more thing someone told me the Consumer Credit Act 1974 was replaced with CCA 2006 & things might have changed is this the case or does the CCA of 1974 still stand Many Thanks

Hi After requesting my CCA from Lewis Debt Recovery & them sending me the above application form as my CCA I sent the letter advised by 42man above they have now responded with the letter above but for those who cannot read what it states: "I refer to your letter of *****2008 in which you have advised that you believe this account is in dispute as the agreement doesn't conform to the requirements of Sections 60 and 61 of the Consumer Credit Act 1974 Please be advised that this firm is not the creditor in this matter. The creditor is CL Finance and we are merely instructed to act on behalf of that company to recover the outstanding balance due. We believe that they have fulfilled their obligations with regards to providing you with a copy of your agreement. Sections 60 and 61 of this act confirm that, amongst other things, a regulary executed agreement is not properly executed unless it is signed. Given that we sent you a copy of your signed agreement containing the terms and conditions of the account at the time at which you opened the account, I am unable to ascertain exactly why you believe the documents fails to meet these requirements. I therefore respectfully suggest you provide me with further information to allow me to investigate these concerns. Until that time we are unable to agree there is a legitimate dispute in respect of this account. We will hold your account for one week to allow you to provide information to substantiate your dispute, however we will continue to take instructions from our client in respect of this debt. Please be advised that the outstanding balance of the accountis detailed above. Please continue to make payments in line with your arrangement. Failure to do so may result in further action being taken against you. Yours sincerely" What do I do now should I send them the letter ODC advised above as this seems to contain everything they need to know. I was a bit weary of sending ODC's letter first time round. In their letter in red above they state " I am unable to ascertain exactly why you believe the documents fails to meet these requirements." What documents they sent me an application form 1 document. Can anyone advise on how I answer this Many Thanks

Sorry letter too small above on attachment this is the letter below

Hi Thanks for all the past help but can someone advise me further sent Lewis Debt the letter above that 42man advised & have now received this letter back from them can anyone advise what to do next. Thanks for all your past help it is really appreciated

have just worked out how to show pic of the CCA they sent this is an application & not a CCA am i right

When you say "you seem to be in the clear" what then would happen if they went into court with just an application form as their CCA

Hi There was excessive penalty charges added when the debt was with Barclaycard can I still claim these back even though it's now with a DCA

Hi So does this mean I should stop all payments to them after I send them the letter & what would happen if they took me to court anyway with an application form as a CCA what would the courts do Sorry about this but i haven't a clue about these things

Hi Thanks for your quick response the CCA they sent (the 1 on view) is exactly that the "application form" (i removed my details) I filled in when i took out the card in 2002. I never signed any other aggreement with them but this one so because it doesn't state the prescribed terms to make it enforceable in court what would happen if they took me to court. This is really worrying me. Thanks again