I will be sending them the letter thats in post no 39 and await their reply. of course sending it second class and recorded delivery.

Have now received a letter from Robinson Way, informing me that my details have been passed to them for collection to help me clear the outstanding balance. They also state that money is owed to HPH2 LTD and enclosed a letter from Hoist Portfolio Holding 2 Limited statino that tesco personal finance has assigned all of its respective rights, title and interest to them. The total balance was sold as of 20/01/16 . Also states that Robinson Way has been appointed to manage the account and to collect the outstanding amount. I see HPH2 Ltd are based in Jersey Hope that answers the previous question

well after a long period i have heard from tesco again. Seems they have short memories as guess what..... no further answers to my questions. and they have deicded to assign my account. And guess who is going to deal with the account. It did make me smile.... Robinson Way. I have been advised in the same letter of assignment to expect correspondence from them. I wonder what their memories are like. lol

Have had a reply from Robinson Way telling me as far as they are concerned I have been given enough evidence by Tesco to prove that I am liable for the debt. All that they are doing is repeating themselves (still totally ignoring my request under CPUTR 2008) I am therefore required to pay within 14 days and they may take further action if i do not pay. This will be noted on my credit file and will effect me getting credit in the future. I guess i just ignore them until they take further action?

thanks for the encouragement, priorityone, at least I know they arent being personal and targeting me! I wonder why they wont give up? Can they not see they are harrassing?

Thanks yet again priority one.I have sent a letter (by recorded delivery of course) telling them that as tesco have ignored my request under CPUTR (2008) that they obviously dont hold an original copy of the credit agreement and account remains unenforcable. Also told them its none of their business if I have complained about their client to the FSA

just when things had gone quiet........ (well with christmas coming up I guess they need as much money as they can,,,, lol) I heard from Robinson way that they had been requested to collect on behalf of Tesco Credit Card, informing me that they were acting on behalf of Tesco Credit Card and were instructed to collect the outstanding balance. I replied telling them the account was in serious dispute as Tesco had not responded with my request for a true copy of my credit agreement or my request under CPUTR 2008 as to whether they had actually got a copy. Robinson Way informed me that tesco Credit Card had given me their final response and had abided with my CCA request in giving me the required information and that I am required to pay. I subsequently replied to Robinson Way that what Tesco had sent me was not the original copy, and did not contain all the required terms and conditions that the act required plus they had not answered the fact (under CPUTR 2008) that they actually hold the original copy of the credit agreement. Today I have received a letter from Robinson Way telling me that Tesco had given me the option to complain to the FOS and that they maintain that they have fully complied with my CCA request. Unless I had raised a complaint with the Financial Ombudsman Service (they want a ref no within 14 days) that I am required to make payment. I am looking for advice on how I should now continue with this (obviously the CPUTR 2008 regs are being totally ignored) I look forward to any replies in due course. Thanks in advance and Happy New Year

have received this week a reply from westcot telling me that in light of my correspondence that they have investigated my complaint and returned the account to their client and removed all my data from their files. looks like a result, now lets see what happens next

thanks for your input once again, priority one, your letter is way more superior to mine, but sadly i had already dispatched mine. will see the outcome in due course lol

ok here is my response, that I am dispatching to westcot today by recorded delivery, naturally. Dear Sirs, I acknowledge receipt of your letter dated 6th June 2011 that I received on the 9th June 2011 and have noted its contents. I would like to point out that in the letter you state that I have neglected to reply to your previous correspondence. Surely this is incorrect as this is the first correspondence that I have received from your company in connection with the above referenced account. I would like to point out that the account is in serious dispute as your client have failed to respond fully to my request for a true copy of my Credit agreement under the CCA act. All that was posted to me was an illegible copy of an application form plus a so called credit agreement that did not contain all the relevant prescribed terms and conditions. Your client has also ignored my subsequent request under CUPTR 1980 to confirm that they do in fact have the original copy of the credit agreement. This of course would be required should you or your client decides to take legal action against myself. Until your client supplies me with the ‘true copy’ to myself then this account will remain in serious dispute. I would also add that if you were to go ahead with your possible threat of legal action that this would be in breach of CPUTR 1980 regulations and also against guidelines on debt collection made by the Office of fair trading. I would defend any action and report both you and your client to the relevant authorities. I would also like to respond to your possible threat of referring the debt to a Door Step Collection Agent and that you should be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. I am giving you notice, that any attempts to call at my home address will be reported as trespass to the local police. In case you were not aware; there is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. I respectfully suggest you familiarise yourself with case law prior to attending my property , in particular pay attention to Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R. So, to summarise; I, ********,revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance and a claim for compensation for your continual harassment. As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and the account has been passed back to your client. Any further threats will be averred, unlawful and vexatious with a counter claim forthcoming. Yours faithfully

Hi Priorityone, I will write a reply to Westcot then post it here. I think its gonna point out a few things to them regarding their clients actions (or lack of lol) and explaining how the account is formally in dispute :0) plus of course point out that if they do go down the 'court route that i would defend the action and report them to the relevent authorities for harrassment

I have today received a letter from Westcot credit services headed 'Final Notice' It informs me that I havent responded to their previous correspondence (thats odd, maybe its becasue they havent sent any?) And their latest enquiries have confirmed that I am resident at the address that they have written to me at (Wow arent they clever?) They also go on to state that unless I make full payment of the £4K + that I owe withing 10 days then futher collection activity will be taken to recover the full outstanding balance. They go on to tell me not to ignore the letter as this could result in further action being taken to recover the debt, which may include, 1. Either them or their client taking legal action against me through the courts (I think this maybe thrown out as the their client are in breach of CPUTR 2008) If legal proceedings are issued and a judgement or decree is obtained against me then the court costs and legal fees could increase the amount i owe. 2. Referring my debt to a Door Step DCA to carry out a Collections Visit to my home (Oh dear i am out of teabags so cant give them a cuppa) then in a pretty red writing...... aww bless them it is very important that Itake IIMEDIATE action to resolve this issue (are they psyhchic and telling me to get the teabags in?) and i can do this by calling them on phone 7 days a week ( wonder if they can help me with todays crossword?) wiritng to them or making payment on their website. Obviously i will reply in due course, in wiritng, and welcome any pointers people may have to what i shall include! regards

Just an update, have today received a letter from Green & Co. informing me that they have taken note of my letter and their 'client' has requested thet they will respond to me directly. The client has also alsked them to close they file on me and I will hear from their client direct. Of course in the meantime I can call Triton Credit Services direct to discuss matters (as if i would) So now I will sit and wait to see what their next game plan will be .....

thanks again priority one, the letter from Tesco is filed appropriately, will now sit and wait and see what Greens come up with

hi there, a bit of a twist, but i guess i wont take action from now. Have received a letter from Tesco Personal Finance, informing me they have looked into my complaint and apologise for not replying to my letter dated 10th March 2011. The reason for not replying is due to the fact that they have given me their final response. They stated that they had complied with Section 1 of the CCA act 1974 and therefore I was liable for the debt. The account was not in dispute in their eyes and the only way they would accept a dipute if i was querying the balance of the account. They also informed me that if I wasnt happy with their response then I had the right to complain to the Financial Ombudsman Service. They enclosed copies of all correspondence they have sent me plus a FOS leaflet telling me how to complain etc.There was no mention of CPUTR Act 2008 at all in there correspondence so I guess they are just trying to justyfy to themselves the action they are taking. I guess I dont respond to them, but should I make a complaint to the FOS? I welcome any thoughts on this.

this is my response to Green & Co solicitors, being posted today by recorded delivery: - I am writing in response to your letter dated 26th April 2011, which I received today, and respond as follows: - I do not acknowledge any debt to your client and refer you to my letter of 10/03/11; to which I have not yet had the courtesy of a reply. I have enclosed a copy of the letter herein. I would like to think that this was due to some oversight on your client’s part. However, I am rather surprised that Triton credit services have instructed you to commence court proceedings in defiance of their continued failure to confirm whether they do in fact hold an original, legally enforceable Consumer Credit Agreement pertaining to myself under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008, that any subsequent claim will be considered both unlawful and vexatious under The Consumer Credit Act 1974; sec 127 (3) and defended on a number of grounds. If you do decide to take legal action you will be reported to the Solicitors' Regulatory Authority. In the circumstances, your threat of legal action would seem to be in breach of CPUTR 2008 and the Office of Fair Trading Guidance on debt collection anyway and as such, any further demands for payment in the continued absence of written clarification under CPUTR 2008 will be forwarded to the relevant authorities without any further notice. I await your considered response. Yours faithfully,

Thanks priority one once again. I will make appropriate changes to the letter and post it off tomorrow, again by recorded delivery

hi all, As was predicted, have now received a letter from Green & Co. solicitors informing me that they have been instructed by their client, Triton Securities, to take legal action to recover the debt. I have 7 days to repay the debt or further action will be taken against me. Any advice is much appreciated., thanks in advance

many thanks priority one, yet again! Will get it in the post today.

thanks priotiry one, am most indebted to you for your help

All was quiet over the past month until i received in the post on Saturday a letter from Triton on behalf of Tesco Personal Finance PLC regarding my tesco finest platinum card. They have informed me that they are recomending that Tesco Personal Finance should instruct solicitors to commence court proceedings against me for recovery of the debt. this may involve them getting a CCJ. If the debt remains unpaid the enforcement options open to them are as follows: - 1. The county court bailiff visits your home and takes away pocessions to sell off against the debt. 2. A charge is placed against your property or assets which would remain on the land registry records until the debt is paid 3. Your employer deducts monies from your salary or wages to set off against the debt. 4. You attend court and submit to a personal detailed examination, under oath, of your personal financial affairs before a senior officer of the court or District Judge With regards the charging order against the property, they cant do this as the property i live at isnt owned by me. I would like to add that the debt is under £5000 so am i correct in thinking that this effects what they can do in regarding the above? I look forward to hearing any advice that can be forwarded in response to the above.

thanks again priority one, will probably send them a letter telling them they are skirting around the issue and havent answered my question. Plus just add that the 'so called agreement' is reconstituted therefore its their legal duty (under CUPTR 2008) to inform me that a true copy of my CCA does actually exist (at this point it doesnt sound like it)

Hi guys, a letter received from Triton (in house DCA for RBS) telling me that Tesco Personal Finance have issued their final response and that further action will take place unless I make full payment withing 7 days. They havent made any attempt to answer my question with regards CPUTR 2008. Have attached a copy of the letter and am seeking any advice. Thanks in advance. Scan003.pdf

many thanks yet again priorityone, i will print the letter off and send recorded delivery.

hi guys, today have received a letter from Triton Credit Services (in house DCA) telling me that they are disappointed that i havent made an arrangement to pay what i owe and that they may have to consider further action, including requesting that a field agent is sent around to discuss and agree payment propsals,,,, Of course they say they would prefer to not take this action and i can avoid it by calling them ( I think not) Does anyone have any further advice?