roko20650 v Tesco Visa

[roko20650]

Help please,

 

My husband is self employed and has been laid off his sub-contract work and there is nothing out there, we are homeowners with a mortgage and are unable to pay our credit card debt to Tesco Visa, thinking of debt management but would like first to try going it alone, any help would be appreciated.

 

Ta muchly

Edited January 27, 2009 by roko20650

[elliesnan]

well you could write to them explaining your current situation and offer a reduced payment, sit down and work out what you can afford. go into the letter template section there are letters there you can use to write to your creditors good luck and come back with any questions you may have

[roko20650]

Thanks for the response, at present can't afford anything thats the problem and I have never not paid before. I have been pointed in the direction of Payplan or CCCS so I will give them a ring and see what they suggest and then weigh up my optionsl. It feels good to start taking control though.

[roko20650]

18th February I received this letter.

Edited February 26, 2009 by roko20650
Removed attachment as some info showing

[roko20650]

20th February I received this paperwork from Tesco. What now???

Edited February 26, 2009 by roko20650
Removed attachment as some info showing

[madasamuppet]

Can't help much on what they have sent but there is still some personal info showing incl tele numbers you might want to go and remove. Somebody with more knowledge will be along I'm sure

[cerberusalert]

The fee for a CCA request is £1

 

Request for information under section 77 of the Consumer Credit Act 1974

 

Dear Sir/Madam

 

Re:- Account/Reference Number: XXXXXXXXXX

 

With reference to the above agreement, I would be grateful if you would send me a true copy of this particular credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Section 77), I am entitled to receive a true and legible copy of my credit agreement (containing all the required prescribed terms) on request.

I enclose a payment of £1.00 which represents the statutory fee payable under section 77 of the Consumer Credit Act.

 

 

I look forward to hearing from you.

 

Yours faithfully

[roko20650]

Sorry I'm a little confused, I sent them a cheque for the £1 and in the first paragraph, although its a little disjointed it acknowledges it. What they sent to me is what they have. I left some detail showing and have therefore removed the attachments and I will have to re-attach and post tomorrow. Do I still need to send your letter above, or another?

[cerberusalert]

No wait until you repost what they've sent you so I can have another look. I'm growing senescent and can't remember what it was now.

[roko20650]

OK - I will re-attach minus personal data so you can take a look

[roko20650]

I have now re-attached the letter with CCA and another letter received from them charging me £12. late payment fee. Is this enforceable? What do I do next.

 

Roko20650

Tesco Visa CC 200209.pdf

Tesco ltr 180209.pdf

Edited March 4, 2009 by roko20650
bad typing

[cerberusalert]

It's an application form which does not contain the prescribed terms within the four corners of the signed page, also it gives no links to them so it is unenforceable. You can send them the following letter;

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

I also I note that you have replied to the above by sending your companies Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

Print name do not sign

[basa48]

I have now re-attached the letter with CCA and another letter received from them charging me £12. late payment fee. Is this enforceable? What do I do next.

 

Roko20650

 

I got the exact same thing, signed application form plus loads of gumph.

 

Not enforceable as it is only the application not an agreement.

 

Sent a similar letter to 'cerberusalert's' and will cancel my DD soon!

[roko20650]

Thank you so much, Cerberusalert and basa48, I am very relieved. I will send the letter to them today. Will they start to hassle me on the phone do you think? Have you had an calls yet basa48?

[cerberusalert]

If they do start 'phoning you send this;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully, **Print name do not sign**

[roko20650]

Thanks, I will do that. I have not got any calls yet from them.

[roko20650]

Quite a few telephone calls from them now, one caller told me to make an official complaint if I felt the calls were excessive! Believe it or not I received a replacement credit card from them today! Left hand does not know what the right hand is doing obviously. I have now sent a telephone harrassment letter to them.

Roko20650

[basa48]

No phone calls for me yet, but received this:

 

 

And this will be my response:

I am in receipt of your letter of 13/03/09. I have indeed taken most adequate advice and whilst I note you you have expressed you do not wish further correspondence on this matter, I feel it is my duty to advise you further of your breach of the law and any remedies I may pursue.

 

Unfortunately whilst you may argue you have supplied an agreement pursuant to s78 CCA 1974, the actual terms of s78 required you to provide a true copy of an executed agreement. Your argument is therefore flawed in so much as the document you provided, whilst it may be a true copy of what is in your possession, as I pointed out, it does not comply with the requirements of the Consumer Credit Act 1974 Section 61(1) and Consumer Credit (Agreements) Regulations 1983 Schedule 1 in that clearly not all the ‘prescribed terms’ are present and thus is not properly executed.

 

It is the lack of a properly executed agreement that is a very clear dispute and it is for these reasons that I DISPUTED (and still dispute) the alleged agreement.

 

I should also remind you it is not your decision whether or not this account is in dispute. The fact that I have queried the legality of any alleged agreement on which this account is based and you have thus far not provided a signed and compliant credit agreement for the account, automatically makes it disputed in law.

 

Again you should note that in the opinion of the Office of Fair Trading, creditors should not suggest that they have a signed compliant credit agreement where they are unable to provide evidence to support this – to do so could be a ‘misleading action’ under Reg.5 of the Consumer Protection from Unfair Trading Regulations.

 

You are again strongly reminded that the following applies in relation to this alleged agreement whilst it is in dispute.

 

You: * are not entitled, while the dispute continues, to enforce the agreement.

* 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 issue a default notice related to the account.

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

 

In clarification of the last point: To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed and compliant credit agreement and is a clear requirement of the Data Protection Act 1998, so until you produce a valid agreement, you may not share my data. Any attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office. You may also note that sharing my data with credit reference agencies whilst an account is in dispute is contrary to The Banking Code para. 13.6.

 

If you do issue a default notice against a disputed agreement or persist in sharing my data with third parties regarding a disputed agreement, I will instigate court proceedings to have the alleged agreement declared unenforceable, the default removed and the information removed from my credit file. This may well result in the costs of the action being awarded against you.

 

In that respect I draw your attention to CCA 1974 s127(3): 'The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)'. [see Ref: Lord Nicholls (The Opinions of the Lords Of Appeal for Judgment in the Cause: Wilson and others v. Secretary of State for Trade and Industry (Appellant) 10/07/2003) and Ref: HHJ Overend: Central Trust Plc v Spurway [2005] CCLR).].

 

Obviously if any agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of the parties to the agreement.

 

To that end I again respectfully request that you provide me by return a copy of any compliant and properly executed credit agreement, other than that you have already supplied, relating to the disputed agreement, that bears my signature.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for will allow me to assess if any case for enforceability has merit and will help to resolve matters possibly without the need to involve the court which would undoubtedly save time and costs on both sides.

 

You will be aware of course that I am entitled to request this information pursuant to the Civil Procedure Rules (Disclosure & Inspection of Documents, Part 31.16 - Disclosure before proceedings start) should you not respond with either a compliant agreement or alternatively that you cannot produce a compliant agreement.

 

I would be happy therefore for you contact me further in writing and in any case within 14 days with your intentions to resolve this matter, which remains a formal complaint. In the absence of a signed compliant agreement, I would again invite you to consider reducing any alleged debt to £0 and enter a ‘full and final settlement’ as discharged on the alleged account and with any third parties.

 

To sum up, I am not obliged to make any further payments to you until you provide me with the document I have requested.

 

 

Yours faithfully

[charlie*]

Hi Roko, et al....

 

We have a CCA paper identical to your Tesco cca, the only difference being ours is dated July 2000 - they are just a few months apart

 

So, my missus was all for handing it over to a solicitor to tackle it, but,

I just saw your response to them.

 

This is fantastic, absobloodylutely fantasic, it's taken me weeks to get my head round these prescribed terms, now I have them printed and pinned on the wall..

 

It's coming to me slowly, but gaining speed... just another 9 to go for my family.. wow - as they say, slowly slowly catchee monkey.

 

Thanks ever so much, at my extreme age there's no chance that I could ever do the research to come up with letters like this.

 

Good luck to us all...

 

charlie*

[basa48]

If there are any site admins looking in.

 

Can we start a new section under 'Other Institutions' for Tesco credit cards.

 

There are three threads running now under 'General Debt Issues' and they are hard to track.

 

The threads are:

 

this one

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/185671-tesco-personnel-finance.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/188930-tesco-credit-card-cca.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/189210-tesco-credit-card-cca.html

 

The last two threads could be merged.

 

Oh .. and I will probably start one soon as Tesco reply to my last letter ! ;-)

Edited March 17, 2009 by basa48

[GhostDebt]

Hey all,

Hope you're all succeeding with your problems.

Just a quick note to say don't forget about my thread as well, lol

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186898-tesco-c-card-response.html

Looks to be the same responses as Roko20650's

Will be posting more details soon to my thread along with the response letter i'll be sending.

Best wishes

[peter1234]

Hi roko

 

I have received very similar documentation from tesco

 

Your application form looks similar to mine. does it have your address printed on the top, ie a form sent to you inviting you to apply. some forms on other threads don't have this but have a "moisten and fold" instruction on the bottom, ie possible an application form picked up in store, this type would not have anything on the back of importance other than the address to return the form.

 

My worry with your application and mine is that i wonder if the agreement was on the back of the form, although there is no ref on app form as to " see overleaf" i worry that if it went as far as court a judge may say look the correct agreement is overleaf.

 

what are your thoughts

[sasher01]

Subbing

[roko20650]

Hi Andbrat and Sasher, I think that if there was anything on the back they would have sent it don't you?

[peter1234]

Hi

 

how are you going with yours have you had a response yet re I DO NOT ACKNOWLEDGE ANY DEBt letter

 

please keep me informed

thanks