Tesco C/Card - Response to CCA request.

[GhostDebt]

Hello everyone,

 

New Thread Starting...

 

On the 9th Feb we sent Tesco a CCA request regarding a c/card.

On the 27th feb we sent an account in dispute letter

On the 27th feb we also received a response from Tesco.

This response included:

Covering letter

Application form(?)

Copy of terms and conditions (presumably applicable at the time of the alleged agreement, although not dated)

Latest Statement

Copy of terms and conditions (presumably current as supplied as a leaflet)

 

Having read STBINNZ's thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171243-me-tesco-rbos.html

 

I wanted to check on the validity of the documents and do the following apply:

 

1. Misappropriation of funds, by crediting the £1 to the account instead of the intended purpose.

2. Contravene 2.2(h) of the OFT guidlines by asking to contact a premium rate number (0870 ?)

3. Does not conform to sections 60(1) and 61(1) of the CCA 1974 and is therefore unenforceable under section 127(3) of the CCA 1974.

 

I have attached the covering letter and application form (minus personal details) for you to comment on.

 

Many thanks for your help.

All comments welcome

Best regards.

[Pinky69]

Thumbnails are not enlarging. It doesn't matter what they do with the £1 as long as you made it clear it was to cover the CCA request and have a copy of the letter you sent making that clear. All that matters is that you sent the £1 to fulfil your legal obligations.

[GhostDebt]

Thank you for your reply.

 

Attached to links on photobucket, to make viewing more easy.

 

Tesco Response Letter picture by shann15 - Photobucket

 

Tesco Application Form (?) picture by shann15 - Photobucket

 

Many thanks

[cerberusalert]

It's an application form which doesn't contain any of the prescribed terms so is unenforceable.

 

+ they've been kind enough to state that it is a 'true copy' of your agreement.

[jobmid]

is there anything on the back of this? this is just an application form and not a cca the font is very difficult to read i belive that this is not a valid cca asi cant see any apr or signature of the creditor others might say diffrent but this cca in my opinion is not valid

[clemma]

Send this letter back to them:

 

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

[angry cat]

TescoPF should not have applied your £1 fee to the account!

 

This amount was the statutory fee applicable for your CCA Request, as stated in the consumer credit act 1974.

 

Naughty Ms. Berry.

 

AC

[underdog13]

Exactly the same response that I received from Tesco - no prescribed terms whatsoever:D

[GhostDebt]

Post to be updated Wednesday.

[roko20650]

Hi Ghostdebt and everyone else, Just read your thread, which is very similar to mine, I have sent the letter "I DO NOT ACKNOWLEDGE ANY DEBT". And they put my £1 to my account as well. No correspondence but copious phone calls, I have asked them to desist and have now sent telephone harrassment letter, trying to get a recording device now as money is very tight can't afford to buy anything, its a beg or borrow job.

Roko20650

[roko20650]

Hi everyone on this thread, Just received the attached letters, 18th in reply to my "do not acknowledge debt", followed same day by £12 default charge and finally reply to my harassment letter, and I've received a new card in the mail this morning!! Now have a recorder which works and will record any calls I get from them. Comments on their letters would be welcome.

Edited March 23, 2009 by roko20650
Could not read attachments

[clemma]

Images are too small to read - try uploading them to photobucket first.

[roko20650]

I have now scanned in again and the copies should be readable. Look forward to hearing what you think.

ltr 20mar03 reply tel harassment.pdf

Tesco ltr 18mar08 breach cca.pdf

[roko20650]

bmp

[cerberusalert]

Send the muppets this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(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).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

[roko20650]

Many thanks, I will send this today Recorded Delivery. Roko

[GhostDebt]

Hi Roko, seems like your now ahead of me....

Tesco haven't yet replied to my account in dispute letter so at the moment just waiting on a response from them. They did phone me, but I wouldn't answer the security questions so they said they would write to me. That was over a week ago and still not had a letter.

Let us know if you get a response from the letter Cerberus drafted for you. It's a work of art. Thanks for posting that up Cerberus I'll keep it handy just in case they decide to send me a response..

 

Many thanks to all, lets keep each other informed.

[GhostDebt]

Evening all,

 

the following response has been received from tesco.

 

As you have failed to respond to the bank's previous demands, we have no alternative but to commence further proceedings for the recovery of the outstanding balance.

We would urge you to call this office on 08701 541 173 in order to resolve this matter.

Failure to do so may result in your account being transferred to external debt collecting agents without further warning or delay.

If you have recently increased your payments or made contact with us, please disregard this letter....

 

So, in response to this I was thinking of sending the following.

 

Dear,

 

I do not acknowledge any debt to your company.

 

Further to your correspondence dated xx/xx/xx I draw your attention to my previous correspondence dated xx/xx/xx.

I re-iterate that until my request for information under the consumer credit act 1974 has been complied with, this account remains in dispute.

As a result of this dispute, you may not:

* demand any payment on the alleged account, nor am I obliged to offer any payment to you.

* add further interest or any charges to the alleged account.

* pass the alleged account to a third party.

* register any information in respect of the alleged account with any credit reference agency.

* issue a default notice related to the alleged account.

 

I also take this recent correspondence to indicate that you are still continuing to process my personnal data, which puts you in breach of the data protection act.

 

If any further correspondence is received from yourself without full compliance with my request for information under the consumer credit act

I will report you to the regulatory authorities and issue court proceedings for this breach.

 

Yours faithfully.

 

 

Any comments please, would be greatly appreciated before I send this off.

 

Many thanks

[GhostDebt]

bump...

[cerberusalert]

Also add that you require a copy of their complaints proceedure.

 

If they continue trying to pursue whilst the account is in dispute complain to your local Trading Standards & the OFT.

[roko20650]

Very useful stuff, I have not had any response yet from Tesco and they have not phoned again, but just waiting. Will post any response I get.

Roko

[peter1234]

hi

Ghost debt

 

Have you heard from tesco recently

[GhostDebt]

Hi all,

 

Will check my notes and update the thread over the weekend.

Got quite a bit to do at the moment so will try to keep everyone

updated as I do each one.

 

Best regards.

[roko20650]

Hi Ghost debt and Andbrat, No response in writing from Tesco's but been a bit bombarded with tel calls, despite their letter saying they were taking my number off their system, Ha!! I writen sent a second tel harrassment letter and started recording their calls now. 3 calls to my mobile in one evening is a bit much wouldn't you say? Roko

[GhostDebt]

Latest response from Tesco:

 

Thank you for your recent letter dated .....

 

Regarding the Banks alleged breach of the CCA, 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 statutory requirements by providing a 'true copy' of the agreement relevant to the card product at the dte the card agreement was made, plus a copy of the terms of the card product. These copies should be accompanied by the statement of financial information relating to the account.

When responding to requests under s78 we are compliant if we provide a 'true copy' of the agreement in accordance with regulations 3(2) and 7(1)(b) of the Consumer Credit (ancellation Notices and Copies of Documents) Regulations 1983. This means that there is no obligation for us to provide a copy of the original agreement bearing signatures. Additionally under regulation 3(2) a true copy does not need to contain all personal information relating to the borrower, nor does it need to include a signature box or dates of signatures.

We have supplied a copy of the credit agreement that you agreed to after which you then received your credit card. We have also supplied a copy of the original terms and conditions of that card product with the prescribed terms and a statement showing the outstanding balance. We have advised you who you need 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 the 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. If you are not satisfied with this response, you may seek whatever legal redress you consider is open to you.

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

All non payments have been recorded on your credit file as has the default due to non payment. I suggest that you take advice from your local citizens advice bureau or other similar organistaion if you continue to doubt the veracity of what we have told you about our having complied with our obligations under s78(1)

I trust this clarifies the matter for you

---------------------------------

 

My comments to this letter would be:

They have admitted that the application they sent to me is a copy of the executed agreement.

They have admitted breaching section 10 data protection act by processing data with the credit reference agencies.

They have admitted registering a default with the CRA's although I don't recall having seen a default notice.

 

So, I am planning to draft and send a letter stating the following:

Account in dispute.

Haven't complied with request as they have sent an application form.

LBA re the breach of the data protection act

no default notice issued, therefore have breached ? for registering the default.

Dispute remains unresolved.

Only acceptable resolution is for them to fulfill my request or acknowledge that they cannot.

If they cannot fulfill the request must remove data from CRA's within 14 days or they will be in breach of data protection and proceedings will begin.

If they do not respond within 14 days proceedings will begin for breach of data protection.

Formal complaint lodged with Information Commisioner Office and OFT, FSA, FOS.....

 

Will draft the letter up and post for comments before I send it, but any comments on what they have written or I have proposed in te meantime would be greatly appreciated.

 

Many thanks