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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
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Tesco credit card CCA not sent Please HELP!!


snidershappy
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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

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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

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  • 1 month later...
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

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