Tesco credit card CCA not sent Please HELP!!

[snidershappy]

After paying Tesco Personal Finance a token payment of £1pm on a involuntary arrangement for around 3 years they passed my account to Wescot in which I acknowledged no debt & requested a CCA Westcot returned my £1 p/order & told me to contact Tesco directly for the CCA after many weeks with letters from solicitors & Wescot all seeking payment or threats with court action tesco finally sent me a statement of my account for November 08 plus a copy of their present terms & conditions but no CCA. I then sent the letter below to them (Tesco)

 

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your letter dated XX December 2008 which was received at my address above on XX January 2009.

 

The information you supplied to me was a statement of financial information relating to the above account, missing from the information you supplied was a true copy of the Consumer Credit Agreement. Please can you forward a true copy of this agreement as soon as possible as I am sure you are aware that this should have been supplied to me within 12 working days of my original request on the XX October 2008.

 

You had until XX November 2008 to provide me with a true copy of the credit agreement that I requested. After that date you entered into default of my request. Whilst the account is 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, make any further charges to the account or pass the account to anybody else. I would also like to note that as from the XX December 2008 it became a criminal offence.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

I require all further communications from you to be in writing, from receipt of this letter as per the wireless telegraphy act 1949 any attempt to contact me by telephone will result in breaking the law and WILL be reported to the appropriate authorities.

 

I look forward to hearing from you.

 

Yours Faithfully

 

 

Tesco responded with this letter below:

 

Dear XXXXXXX

Re Account: XXXXXXXXXXX

 

 

Thank you for your letter dated XX Januray 2009.

 

 

Regarding your recent letter concerning the Banks alleged breach of the CCA act, I would advise you of the following.

 

Any request for a copy of an executed agreement under s78(1), states that the company must meet it's statuary requirements by providing a 'true copy' of the agreement relevant to the card product at the date the card agreement was made and providing that plus a copy of the current terms of the card product. These copies should be accompanied by the statement of financial information relating to the account.

 

 

The provision of the 'true copy' in this form is made in reliance of Regulations 3(2) and 7 (1) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Particularly 3(2) which permits the copy agreement not to show signatures or personal details that may have appeared on the application part of the document. There is no statutory requirement under the Act for us to ever give a copy to a customer with a signature on it.

 

 

As we have supplied a copy of the credit agreement that your client agreed to upon receipt of their Credit card and signed it, copy of the original and current Terms and Conditions of that card product, with the prescribed terms, a most recent statement showing the outstanding balance and advised you who your client needed to contact to discuss amounts due and owing, and future payments that must be paid. We have therefore met our obligations under s78(1) to provide a copy of that executed agreement and again we are satisfied that what was provided complied with the Regulations expressly made for controlling what is a 'true copy'.

 

 

I must therefore inform you that we see no reason to enter into further correspondence with you about the alleged CCA breaches you lay at our door. If you are not satisfied with this response, you may see seek whatever legal redress you consider is open to you.

 

We do not consider this account to be in dispute or void and your clients indebtedness on this account remains due and payable and we will be pursuing your client for the full repayment.

 

I trust this clarifies matters for you

 

Yours sincerely

 

XXXXXXXXXX

 

Senior Recoveries Officer

Cards Services

 

 

Please can someone advise me on what to do next as i don't know where to go from here. Also i am writing to Tesco Personal Finance in Southend but Westcot are saying the debt belongs to the Royal Bank of Scotland should i be writing to the RBS requesting this or Tesco.

Many Thanks

snidershappy

[42man]

There is another possible way as they will keep arguing that what they have sent you is correct.... - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[snidershappy]

Hi Can anyone let me know if i have to send any cheques or p/orders with the above letter advised by 42man.

 

Many Thanks

 

[cosalt]

Hi Can anyone let me know if i have to send any cheques or p/orders with the above letter advised by 42man.

 

Many Thanks

 

 

 

Hi,

 

No you don't need to send any money. I have sent the same letter to b/card as they send me a blank agreement in response to my request.

 

Mind you I have heard nothing at all !

 

Just make sure you don't sign and send it recorded.

 

Good luck !

 

Cosalt

[snidershappy]

There is another possible way as they will keep arguing that what they have sent you is correct.... - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Hi need help again continuation from above

 

After being advised by 42man I requested a copy of the cca again with the 1st letter from the above link but got no response so have now sent a copy of the 2nd letter from the above link & awaiting response by XX April 09. But have since recieved another letter from Westcot Credit Services who have been persuing the debt from October 08 & i have sent them numerous letters copied from these forums saying the account is in dispute. Westcot then put the account on hold for 30 days while waiting for the cca to be sent by Tesco & have since been told by Tesco that the cca was sent to me in December 08. So Westcot are now treatening me with a door step collection unless i contact them within 7 days they stated in their letter

 

"We have previously advised you that one of the actions we were considering on your account, was a Collection Visit to recover the above outstanding amount from you. As we have also mentioned, we know of no genuine reason why you have failed to repay the above debt.

Under the terms of the Office of Fair Trading Debt Collection Guidance, we have aduty to inform you that the next action Westcot will take is to pass your case to a door-to-door debt collector for recovery. The appointed Door Step Collection Agent will write to you under a separate cover prior to making a visit.

If you wish to resolve this matter without the need for a Collection Visit, please contact us now on Tel:xxxxxxxxx"

What should i do now whilst waiting for Tesco to get back to me with the cca. Tesco have not sent me a copy of any type of cca but like they told me they told Westcot it had been sent. What do i do about Westcot in the mean time.

 

PLEASE HELP AAAAAAH

[snidershappy]

Can anyone advise me on a letter to hold back Westcot while waiting for Tesco to come through with CCA

 

Please Help i'm in a panic!!