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roko20650 v Tesco Visa


roko20650
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Well Tesco have now sent me the exact same letter (as I posted up earlier) TWICE now, even though I explained the 'agreement' didn't meet CCA1974 requirements (I put 'agreement' in commas because it isn't actually an agreement, it is an application).

 

Now they written asking me to ring them urgently! :rolleyes:

Errrm ... that'd be NO CHANCE.

 

I will write asking them to write.

 

Incidentally if you look carefully at the first page, the application at the small print under 'Your Declaration', it says "........the details about the card set out overleaf......". I have wondered what that referred to. Any ideas?

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Hi Basa, I have not responded to the letter received on the 18 Mar (which is the same as yours above). Have you had any response from them yet in reply to it, any phone calls, etc.

 

Not a thing since the last desparate letter asking me to ring them. No phone calls (I don't actually remember Tesco ever phoning me :???:)

 

I'm just waiting for a response from my SAR which still has 3 weeks to run. If I only get the same application it'll be 'letter before action' time! :)

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Hi All, Having sent a second tel harassment letter and a letter pointing out that the account was in dispute and therefore they should not be defaulting me, I have now received this. Should I now ask for a Subject Access Report? If so, how do I get this information. Help! Roko

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Send the SAR http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html with £10 PO. They have 40 days to fullfill your request.

 

They'll probably send the same rubbish back but it will give you a chance to determine whether there are any unfair charges you can claim back. If they are stupid enough to try and obtain a CCJ and rely on what they have already sent they will lose.

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Hi Roko

 

I have the same app sent to me

 

have you noticed near to the signiture box it states

 

by signing this application you agree to the general conditions set out separately and the details overleaf

 

Now we know that the prescribed terms need to be on a single sheet but what are the details overleaf?

 

If these turn out to be prescribed terms then we are stuffed

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Hi Roko

 

I have the same app sent to me

 

have you noticed near to the signiture box it states

 

by signing this application you agree to the general conditions set out separately and the details overleaf

 

Now we know that the prescribed terms need to be on a single sheet but what are the details overleaf?

 

If these turn out to be prescribed terms then we are stuffed

 

I've seen that and asked about it on another thread a while back.

 

Not yet got a definitive answer, but I have to assume if it were the prescribed terms they would have copied them to us.

 

Also I note on mine the edges are obviously stick down edges to form an envelope. I dont think you'd put the prescribed terms on the outside of a return envelope.

 

Also I've never seen prescribed terms quoted in full on any credit card application.

 

Anyway lets see what my SAR brings. It's due in a week and a half.

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  • 1 month later...

Anyway lets see what my SAR brings. It's due in a week and a half.

 

Well the SAR returned the exact same application and separate particulars. I can prove unequivocably the particulars are not the ones supplied (if any were supplied) at the time of signing the application.

 

I am confident this is now an unenforceable agreement.

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  • 3 weeks later...

Been reading and exchanging views a great deal recently about 'application forms' posing as agreements, and from that have a number of points for you all to ponder perhaps.

 

First off when a creditor sends you a document in response to a s.78 request they are then bound under s172 that what they have sent is the agreement. They can't then just turn up in court with something else they knocked up earlier.

 

Second, an application is just that. If it says application, or says they are going to do checks before sending your card and it also says somewhere 'sign only if you wish to be bound...' it then fails due to s.59.

 

Third, unless there are definite links between multiple pages presented as the agreement, such as page numbers or some other absolute coding, then the key financials (pt's) must be on the same page as the signature.

 

Finally the whole thing must be readable else it fails under s.61 and SI1553(6).

 

For me my Tesco agreement fails at least 1, 2 & 3. ;)

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  • 4 weeks later...

Hi all,

Did a Subject Access Report on Tesco. I received loads from them but the only signed form which is the same application form that they sent me under the CCA request. This clearly states "Apply for" which Cerbrusalert felt was unenforeceable. I think therefore that they are not able to enforce the debt and therefore they and the Debt Collectors they have appointed are in breach of the Data Protection Act because they do not have a signed agreement, is that right? Where do I go from here?

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Hi all,

Did a Subject Access Report on Tesco. I received loads from them but the only signed form which is the same application form that they sent me under the CCA request. This clearly states "Apply for" which Cerbrusalert felt was unenforeceable. I think therefore that they are not able to enforce the debt and therefore they and the Debt Collectors they have appointed are in breach of the Data Protection Act because they do not have a signed agreement, is that right? Where do I go from here?

 

Well, what I did was write to them to tell them that their agreement was unenforceable, several times, and asked them to zero the debt (or suggest something else), then when they defaulted me I sent my LBA. Then after several more pay up or else letters from them, I issued my claim.

 

Simples!!

 

Which is where I am today .. waiting for their response :wink:

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Hi Basa48, do you have a link to your thread so that I can take a look. I have a letter prepared to send to their debt collectors, Triton, saying that the account is in dispute, which I shall send Special Delivery. They have already defaulted me several times I think, because I stopped paying back in January this year. Roko20650

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Hi Basa48, do you have a link to your thread so that I can take a look. I have a letter prepared to send to their debt collectors, Triton, saying that the account is in dispute, which I shall send Special Delivery. They have already defaulted me several times I think, because I stopped paying back in January this year. Roko20650

 

Erm .. I don't actually have a thread, didn't think it needed one tbh. 8-)

 

What is your 'agreement' like ?

 

Triton are RBS/Tesco's in house collections dept. I wouldn't waste money posting SD, I usually just go 1st class (unless it really MUST get there).

 

They can only default you once (I think) this is usually prior to (and necessary to allow) termination.

 

Depending on your confidence in the unenforceablity of your agreement you have a choice of attack or defend. I chose to attack.

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