Help needed reply to cca request triton/tesco

[wilko999]

Received the reply below from Tesco which is a reply to my cca request. It states i need to send them £1 which i actually did and I send this as a postal order enclosed with the cca request sent to Triton.

 

Can anyone help me with a reply to this letter I've received from Tesco - They have sne tme a copy of the current terms and conditions and a statement of account - no cca though as yet so not sure what i need to send back to them in answer of this.

 

Any help very much appreciated.

 

 

 

 

 

 

[Having_A_Knightmare]

These are the T&C not the agreement.

 

Did you get anything else.

When did you take the card out.

 

HAK

[wilko999]

I know - not sure if they are saying yes we have it - send us £1 (which I have but they obvisously haven't received it from Triton) or they just don't have it.

 

Card taken out sometime around 2000/2001 maybe even earlier than that I honestly dont know.

 

Just need some help with what to write back to them with!

[Having_A_Knightmare]

It says on the letter that they have supplied the S78(1) info.

 

Basically they have not supplied the agreement and are still in default.

 

HAK

[PossVox]

Have a look at this letter template and see if you could edit it to suit your circumstances:

 

 

Dear Sirs

 

Ref: XXXX

 

I refer to your letter dated 8th May 2007 in which you state that it essential that I telephone your office immediately. I will not be telephoning your office.

 

On 1st April 2007 I wrote to you requesting a copy of the credit agreement you allegedly hold in my name, under the Consumer Credit Act 1974 (Sections 77-79). On 3rd April 2007 a member of your staff signed for delivery of my written request, and I have an electronic proof of delivery showing his/her signature and the date.

 

A copy of the credit agreement should have then been supplied to me within 12 working days.

 

 

To date you have failed to respond to my request.

 

I still require you to send me a true copy of the original credit agreement that allegedly exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. I have made a reasonable and lawful request for a true signed copy allowed by the Act. Indeed, The Office of Fair Trading (OFT) states that “if a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence.

 

I must advise you that any account I hold with you is now in legal dispute. Whilst the account remains 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, nor make any further charges to the account.

 

I expect no other communication from you in respect of this matter except for confirmation of compliance with my requests.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me

 

 

 

Yours faithfully

 

 

PV

[wilko999]

Update to this - now I sent them the following letter below and today have received this reply - what should I do next -nothing? and then when the 30 days is up just report them or should I be sending something back to them at this point?

 

They are obviously convinced that they have acted correctly and sent me the documents they believe conform to my cca request!

 

my letter to them

 

 

 

10th April 2008

 

Tesco Personal Finance

PO BOX 6050

Southend-on-Sea

SS99 1WL

 

ACCOUNT

 

ACCOUNT IN DISPUTE

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On 11th March 2008 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. Enclosed with this letter was a postal order for one pound which I note from your letter dated 4th April has not been forwarded. Once again I enclose ANOTHER postal order for £1 in order to obtain the correct CCA from yourselves which must include ALL prescribed terms.

 

You have failed to comply with my request, and as such the account entered default on 2nd April 2008, 12 working days after the request was made via your own in house agents, Triton Credit services, A doormant company used by RBS.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

 

 

 

Reply from them today