Help!Tesco cedit card

[steven4064]

The documents in posts #17 and #18 are two sets of T&Cs - both have the prescribed terms but neith has your signature. To be an enforceable agreement, a document nust have both - your signature and the prescribed terms on the same sheet of paper (whether on the same side or back-to-back). Unless one of tee is the back of

the document of post #23 they have not sent you a copy of an enforceable agreement (although, bizarrely, they have complied with s78(1) of the CCA 1974 )

[Blossomandebony]

Hi, Maggie,

 

I had the same problem with Tesco - same dodgy application form, lots of pressure from them and their despicable debt collection agencies - and they ended up trying to take me to court for it

 

Happily, once I put in a defence to their claim, they dropped the case like a stone. Hope that gives you food for thought in your fight against them. Remember - 99.9 % of what they say is bluster and lies, they will try every trick in the book to make you think you have no chance when in reality they know they have no case. If you want to see how they work, this is the link:

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/116860-ccj-but-no-claim.html

 

Cheers, BAE

[steven4064]

Remember - 99.9 % of what they say is bluster and lies

So 0.1% is true - every little helps

[maggie]

Hi ,so sorry I haven,t posted for a while,lot of stuff going on at the moment.

I received documents from my SAR ,but they are only statements of the credit card account going back 6yrs.The charges placed on the account are not above £15.00.I am certain that the charges before the oft investigation were between £30-£35.00.

As for the credit agreement they sent me,thank you both for informing me that it is not enforceable,but I may have a slight problem with this.

Each month a direct debit has been used on this credit card,to pay a utility bill.(which is still ongoing ,even though they have informed me by letter twicw,that the card has been withdrawn)

Does this mean that this would go in RBOS favour,and I would be liable for this debt ,even though they have not sent me the properly executed credit agreement?

[steven4064]

I don't think it is a question of going in RBOS' favour. The puropse of all this is not to get out of paying legitimate debts but of getting unsrupulous, greedy lenders off users' backs. RBOS may not be the most unscrupulous but they are certainly one of the greediest.

[maggie]

Hi Steven,

what I meant was that I would be unable to pay the amount they are requesting off me ,as my financial situation is appalling at the moment.They rang me last week ,and asked me to contact customer services.A few days ago ,I received a letter from them asking me to write down all my incoming and outgoing expenditures.I am at the end of my tether,feeling really miserable and extremely worried about this,and I honestly don,t have any idea on what to do next.

[maggie]

And charges have been added to this account for the past couple of years ,since my financial situation has declined.

Please could you give me some advice on what my next step should be.

Thanks Maggie

[steven4064]

Sorry maggie, didn't mean to appear to criticise

 

If they have added charges, you should start the process to reclaim them. If you have statements, you can calculate the charges and send prelim letter straight away. If not, you will need to send a S.A.R - (Subject Access Request) for them

 

Next, you need to get control of you debts (do you have others?) Produce a statement of Income and Expenditure which you can use to prioritise your debts (if there are more than just this one) and use to negotiate minimum payments with your creditor(s).

[maggie]

Hi Steven,

I have already received statements from my S.A.R - (Subject Access Request) request,but I am sure that the charges placed on them are the wrong amount,as there are a quite a few charges of £15.00 from over 3 yrs ago.I don,t know if I am mistaken,but I am pretty positive that 3 yrs ago ,their charges ranged between £30-£35.The remaining charges on the statements are for £12.00.

Yes I have other debts and I have managed to come to a compromise with one or two,but they still keep charging me and adding interest on top,I feel as if I will forever be paying to them all.Tesco credit card will take me a lifetime and more to pay off.I am sick to death of all of it.

[steven4064]

I'm afraid I can't help with charge rates on these cards. However, you are not going to be able to prove anything other than what is on the statements so reclaim that. Makesure you include interest levied on the charges and compound interest on top - see my Goldfish thread - feel free to use the letters, etc on there.

 

I think you need to approach your debts systematically - most creditors will agree to stop charging interest at least for a while. Have you done an I&E statement recently?

[checkoutdolly]

most debt counselling services have an incoming and outgoing sheet printed ready for you to fill in you couls do one of these and send it with one of the letters from the libary asking them to stop adding interest and asking if they could put you on a repayment plan

[steven4064]

I think there is one on National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

[maggie]

Thank you Steven and Checkoutdolly,

I will follow the link from the national debtline,and sit down and work out my i&e list.

I will post later,once I have worked everything out.

 

I appreciate your help.

Maggie

[steven4064]

There are also some sample letters that are very good

[maggie]

I haven,t posted for quite a while due to having some medical tests,and being ill with shingles.I am very worried now ,as I received a letter from Triton credit services this morning,dated 24 th July.,informing me that it is a notice of legal proceedings.

 

They have now reccommended Tesco ,that solicitors should be instructed to commence court proceedings against me for this debt,and that I would be liable for court costs.

A bailiff will visit me at home and take my belongings to sell.

A charge is placed against my property.

my husbands employer deduct monies from his salary or wages to pay the debt.

I attend court and submit to a personal detailed examination under oath,of my personal financial affairs before a senior officer of the court or district Judge.

They then say that they would prefer to come to a satisfactory arrangement with me to settle this debt,and to give them a ring to discuss the repayment .

 

HELP!!!!!!!!!!

[maggie]

bump

[Blossomandebony]

Hi, Maggie,

 

Sorry to hear of your health problems.

 

The threats from Triton are typical and designed to frighten you into paying. Their threats of bailiffs etc are empty and pretty meaningless at the moment because in order to send in bailiffs, they would firstly need to get a court judgement against you, (CCJ), and then you would have to stop paying whatever the judge ordered you to pay, (eg, the judgement may say that you had to repay the debt at £10 per month - if you keep to it, they can't do a jot!).

 

However, in my opinion, you have a very strong case against them enforcing the debt in court AT ALL as the CCA does not contain the prescribed terms! All the recent terms and conditions they sent you are laughable, really, and of no relevance at all to the original agreement, (as you also noted in a previous post;)). If they do take you to court, there are some excellent people on here who will guide you every step of the way in preparing a great defence.

 

For now, here is a simple letter that should get Triton off your back, give you a little breathing space and return the account back to Tesco.

 

Obviously, you will have to edit the letter to suit; you may want to put it in stronger terms(!) and give some general account of your health problems.

 

 

Dear Sir or madam

 

Thank you for your letter of xxxxxx. I am very disappointed that you keep harassing me for a debt that has been in dispute with your client, Tesco Credit Card, since xxxxxxx(date you put the account in dispute).

 

By pursuing me for a debt that is clearly in dispute I believe that you have breached the Administration of Justice Act 1970 and may have committed a criminal offence. I will be forced to contact the police if this unlawful harassment continues and will remind you of your obligations:

 

The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

Please be aware that I am fully aware of my rights and your responsibilities. I do not want and will not accept phone calls from your organisation. Any correspondence is to be by post only. Moreover, if I find that you have defaulted this account, when in dispute, I will take action to remove it and will be forced to report Tesco / Triton to Trading Standards. As you know the Banking Code, section 13.6/7 protects the consumer against this sort of defamation.

 

I will also expect an apology for your behaviour and a guarantee that the account has been returned to Tesco, by return of post. I enclose copies of letters I have sent to your client which clearly show that the debt is in dispute.

 

Yours faithfully,

 

(just type name)

 

I am not sure how your health problems will affect the dispute but I guess that any DCA or financial company who pursues vulnerable or unwell individuals could be breaking OFT guidelines. Someone else may advise of this.

 

Hope this helps, BAE

 

 

Edited July 30, 2008 by Blossomandebony

[maggie]

Hi Blossomandbony,

I have received a letter from a firm of solicitors on the 12th august,that they are about to instruct court proceedings against me.To be honest,I have been unwell for the past few months,and have had to attend hospital casualty ,more than twice this month, ,as I have been in great pain ,and I also have a scan appointment for next Tuesday,and I haven,t fely well enough to send the above letter to Triton.

Is it too late to do anything about this ?I am worried sick.

Maggie

[steven4064]

I would send it anyway

[maggie]

Posted letter to Triton yesterday.

I will just have to wait now,for their reply.

[stroke a badger]

Hey Maggie, any news?

[maggie]

Hi SAB,

No news yet.To be honest,I am afraid what the postman will bring .I hate to see him coming through my gate.

Maggie

[Blossomandebony]

Hi SAB,

No news yet.To be honest,I am afraid what the postman will bring .I hate to see him coming through my gate.

Maggie

 

Hi, Maggie,

 

Glad you are doing better health - wise and standing up to these vultures!

 

I know what you mean about dreading the postman, I used to be the same, but DON'T lose sleep over this matter - you will win this one!

 

BAE

[maggie]

I have received a letter from Triton,in reply to the letter I sent them above,with Blossomand boneys help.it states.-

 

In you recent letter ,you have stated that this account is considered in dispute and as such by contacting you requesting payments are actions tantamounting to harassment.We refute your satements as false however,as Tesco personal Finance have confirmed you have been provided with all the requested information and as such this account is not considered in dispute.

Accordingly you remain obligated to repay these funds in their entirety and any further correspondence from you of this nature will not receive a response.

you are now required to contact our office within 7 days from the date of this letter with your proposals for payment.

 

Failure to comply with the above will leave us no alternative but to take further action against you without warning or delay.

we trust this clarifies the situation for you.

 

The letter is dated september 2nd.

 

Help !!!!

[Blossomandebony]

Hi, Maggie,

 

This is a standard response, designed to make you call them and agree to a payment plan you can't afford. Whatever you do, don't call them.

 

I would simply send a letter to reiterate your stance. Alternatively, leave things to take their own course.

 

There is always the possibility they may follow through and actually take this to the court stage - and if so, they are even more stupid than we first imagined. Don't forget, they have an agreement without the prescribed terms, therefore totally unenforceable by any judge due to House of Lords precedent. What's more, they've tried to convince you otherwise in the most underhanded way, by sending a new set of terms and conditions, which are totally inapplicable and cannot be linked to this account!!

 

Beyond belief!!

 

BAE