Tesco C/Card - Response to CCA request.

[GhostDebt]

Oh ok, that was a while back. Tesco have now passed it on to Triton for collection (letter as detailed above) so I think in the first instance I should just send them the bemused letter and see what happens.

[peter1234]

i have sent a bemused letter to Triton recently.

They just sent back the spit your dummy out letter ie

we have complied with s78 we sent our final response pay up!

[vint1954]

You can try this one.

 

Ref Account xxxxxxxxxxxxxxxxxxxxxxx

Dear xxxxxxxxx,

 

I was somewhat bemused to receive your letter of xxxxxxxxx 2009, the content of which is noted. No debt to your company or client is acknowledged.

 

I refer you to my letter to your client dated ( Date of last letter sent on this account ). In addition, this alleged account was placed in dispute on the xxxxxxxxx 2009. It should not be necessary to have to remind you or your client that the provisions of s.78(6) now apply. These letters are enclosed.

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection and your attention is drawn to this guidance document.

Your attention is also drawn the ICO on Data protection, as passing details on to a third party while an account is in dispute is contrary to the Data Protection Act. I have previously issued letters to MBNA under s10 of this act. You may wish to refresh yourselves of the implications of ignoring the Data Protection Act.

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be considered vexatious and unlawful. The Court's attention will drawn to the above statutory breaches. Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

I would remind you that while this alleged account remains in dispute, that xxxxxx:

• May not ask for payment against this account.
  
• I am not obliged to offer any payment against this account.
  
• Cannot register any data with a third party.
  
• Cannot take any enforcement action, including registering Defaults.
  
• Cannot pass the account on to a third party for collection.
  
• Cannot sell the account.
  

I trust this out lines the situation and that you will take note of my comments, to avoid any further breaches of the Law, being committed by you.

[underdog13]

i have sent a bemused letter to Triton recently.

They just sent back the spit your dummy out letter ie

we have complied with s78 we sent our final response pay up!

 

Triton always spit their dummies out and throw their toys out of the pram:D I've never been able to get a word of sense out of them. When they are finally stumped they don't admit defeat, just go all huffy and silent.... then the next DCA pops up and the 'fun' starts again;)

 

Best of luck in your endeavours:)

[sedgwick]

Oh ok, that was a while back. Tesco have now passed it on to Triton for collection (letter as detailed above) so I think in the first instance I should just send them the bemused letter and see what happens.

 

Hi

 

I have been following your thread with great interest as I am having problems with Tesco!! Have you heard anything back from Triton since your last letter?

[GhostDebt]

Had a reply from Triton, will post up tomorrow as I need to follow it up

 

Regards

[GhostDebt]

Evening all,

 

The latest reply from Triton says:

---

We refer to our previous correspondence concerning your outstanding obligations detailed above.

We are disappointed to note that you have failed to make a payment or satisfactory repayment proposals.

We therefore have no alternative but to consider further action to obtain repayment of this debt.

It may be appropriate to request that a debt recovery agent call on you to discuss and agree proposals for repayment.

We would prefer not to take this action and therefore request that you contact this office on 020 7680 9301 immediately to discuss the outstanding amount.

---

 

Seems like they just stick their head in the sands and carry on regardless...

Will follow this up with another letter and see what happens from there.

(have some good examples from Vint which I'll have a look through and get some ideas. Also seen some good info on Andreamour's thread about monument which should come in handy as well)

 

Regards

[GhostDebt]

Quick update.

Not yet sent a reply to Triton but had the following letter recently.

---

We write with reference to your recent correspondence regarding the aboveoutstanding debt.

Our records confirm that on the .. Tesco Personal Finance Ltd issued you with a full response to your request under section 78 of the Consumer Credit Act 1974 enclosing all the relevant documentation. Further to this on the... Tesco Personal Finance Ltd issued a letter confirming that they had fully complied with the Consumer Credit Act 1974 and that repayment is required to this account.

Finally on the .. Tesco Personal Finance Ltd issued you a final response again confirming that they had fully complied with the Consumer Credit Act and that this account is not considered in dispute.

Therefore the full balance as noted above is due for immediate collection and you are required to contact this office on .. 0207 .. within 7 days from the date of this letter with your proposals of repayment.

Failure to comply with the above will leave us no alternative but to take further action against you without warning or delay.

We trust this clarifies the situation for you.

---

 

Will draft a reply and post up shortly for comments.

Regards

[angry cat]

Hi Deb T.

They actually gave an 0207 number for ringing them on.

Good point about the paying by credit card and 2.6f of the OFT guidelines.

 

Will keep that in mind for future reference.

 

Cheers

 

0207???

I was not aware that RBS/Triton had a London collections office;

Link Financial however are based in London...suspicious.

 

Application / Licence Details

Licence Number:0176720Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

The Royal Bank of Scotland PLC SC 90312

 

Categories:

Consumer credit

Consumer hire

Credit brokerage

Debt administration

Debt collecting

Provision of debt-counselling on a commercial basis

 

Right To Canvass Off Trade Premises:Yes

Trading Name(s) (Current):

Churchill

Direct Debt Services

Direct Line

Direct Line Financial Services

Direct Line One Account

First Active

Holts

Loanline

Loans From Churchill

Lombard Direct

Lombard Direct Mastercard

Lombard Premier

Lombard Trust & Savings

Mint

Natwest Mentor Services

Tamarisk Debt Management

TDM

The One Account

The Personal Insurance Service

The Personal Loan Service

The Personal Savings Service

The Royal Bank of Scotland Mentor Services

Triton Credit Services

Unidebt Collections

 

Trading Name(s) (Historic):

Churchill Loans

 

Issued Date: 30-Aug-1985 Expiry Date: 05-Sep-2010

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Alexander Maxwell Crombie

Archibald Sinclair Hunter OFFICER

Arthur F Ryan Director

Bruce Winfield Van Saun Director

Colin Alexander Mason Buchan OFFICER

Gordon Francis Pell OFFICER

John McFarlane

Joseph Patrick Machale OFFICER

Miller Roy McLean OFFICER

Philip Gordon Scott Director

Philip Roy Hampton

Sir George Ross Mathewson OFFICER

Stephen Alan Michael Hester Director

 

Historic Individuals that run the organisation:

Name Position

Cameron McLatchie OFFICER

Charles John Koch OFFICER

Charles Murray Stuart OFFICER

Dr Elizabeth Hawkins Nelson OFFICER

Eileen Alison MacKay OFFICER

Emilio Botin-Sanz de Sautola Y Garcia De Los Rios OFFICER

Frederick Anderson Goodwin OFFICER

Frederick Inglis Watt OFFICER

George Anthony Schofield OFFICER

George Ross Mathewson OFFICER

George Ross Matthewson OFFICER

Guy Robert Whittaker Director

Iain David Thomas Vallance OFFICER

Iain Samuel Robertson OFFICER

James McGill Currie OFFICER

Janis Carol Kong OFFICER

John Alastair Cameron Director

John Alistair Barclay OFFICER

Juan Rodriguez-Inciarte OFFICER

Lawrence Kingsbaker Fish OFFICER

Mark Andrew Fisher Director

Maurice Victor Blank OFFICER

Mr Alan Ellis OFFICER

Mr Alexander Macdonald Hamilton OFFICER

Mr Alfred George Pollard OFFICER

Mr Charles Frederick Eardley Shakerley OFFICER

Mr Charles Milne Winter OFFICER

Mr David Beatson Clark OFFICER

Mr David George Patrick Coke Ogilvy OFFICER

Mr David Robinson OFFICER

Mr Frederick Ranald Noel-Paton OFFICER

Mr George Graboys OFFICER

Mr George Kenneth Hotson Younger OFFICER

Mr George Morgan Thomson OFFICER

Mr Henfry Louis Carron Greig OFFICER

Mr Henry Edward Farley OFFICER

Mr Hew Campbell OFFICER

Mr Ian Clark Wood OFFICER

Mr Ian Faulconer Heathcoat Grant OFFICER

Mr Jaime Botin-Sanz de Sautuola Y Garcia de los Rios OFFICER

Mr James Craufuird Roger Inglis OFFICER

Mr James Snodgrass Lindsay OFFICER

Mr John Nigel Courtenay James OFFICER

Mr Kennedy Campbell Foster OFFICER

Mr Kenneth Thompson OFFICER

Mr Lewis Sinclair McGill OFFICER

Mr Maurice Victor Blank OFFICER

Mr Miller Roy McLean OFFICER

Mr Norman Quick OFFICER

Mr Peter Edward Gerald Balfour OFFICER

Mr Peter John Wood OFFICER

Mr Robert Grieve Duthie OFFICER

Mr Robert Mitchell Maiden OFFICER

Mr Sidney Procter OFFICER

Mr W R E Thomson OFFICER

Mr William Robert McKim OFFICER

Mr William Ronald Erskine Thomson OFFICER

Mr. Kennedy Campbell Foster OFFICER

Ms Eileen Alison MacKay OFFICER

Norman Cardie McLuskie OFFICER

Peter Denis Sutherland OFFICER

Peter Dennis Sutherland OFFICER

Professor Derek French Channon OFFICER

Robert Avisson Scott OFFICER

Robert Speirs OFFICER

Rt Hon Earl Of Airlie OFFICER

Sir Adam Thomson OFFICER

Sir Angus Grossart OFFICER

Sir Austin William Pearce OFFICER

Sir Maxwell Harper Gow OFFICER

Sir Michael Alexander Robert Young OFFICER

Sir Michael Young-Herries OFFICER

Sir Robert Grieve Duthie OFFICER

Sir Thomas Fulton Wilson McKillop OFFICER

Stephen Arthur Robson OFFICER

The Rt Hon Earl of Airlie OFFICER

The Rt Hon Lord Thomson OFFICER

The Rt Hon The Earl Of Airlie OFFICER

The Rt Hon. Lord Younger of Prestwick OFFICER

The Rt. Hon. Viscount Younger of Leckie OFFICER

William Michael Friedrich Director

William Moore Wilson OFFICER

 

Nature of Business:

Banking services

 

Current Address(es):

Address Type Address

Correspondence PO Box 1000, EDINBURGH, EH12 1HQ, United Kingdom

Principal Place Of Business 36, St Andrews, EDINBURGH, EH2 2YB, United Kingdom

Registered Office 36, St Andrew Square, Edinburgh, EH2 2YB

 

Historic Address(es):

Address Type Address

Correspondence 2ND fLOOR bUSINESS hOUSE f, Gogarburn Po Box 1000, eDINBURN, EH12 1HQ

Correspondence 42, St Andrew Square, Edinburgh, EH2 2YE

Correspondence 42, St. Andrews Square, Edinburgh, EH2 2YE

Correspondence Group Secretariat, 2nd Floor, House F, RBS Gogarburn PO Box 1000, Edinburgh, EH12 1HQ

Correspondence RBS Gogarburn, Group Secretariat, EDINBURGH, EH12 1HQ, United Kingdom

Principal Place Of Business 36, St Andrew Square, Edinburgh, EH2 2YB

Principal Place Of Business 42, St Andrew Square, Edinburgh, EH2 2YE

Principal Place Of Business PO Box 51, EDINBURGH, EH2 2YB, United Kingdom

Principal Place Of Business PO Box 51, sT ANDREW SQUARE, EDINBURGH, SCOTLAND, EH2 2YB, United Kingdom"

 

Lastly, maybe I am wrong but didn't you tick the PPI box, YES?

 

Just nit picking but if Tesco are under the impression that they have complied, they are misleading you!

 

Inception T&C's and inception PPI docs please, Mr. disillusioned Tesco;

RBS/Tesco at the time: 2003.

 

 

AC

[GhostDebt]

Thanks for the reply AC

 

Here is the letterI have drafted.

---

Dear Sir

Thank you for your correspondence dated 21.12.2009, the contents of which have been noted.

I have already notified your client in previous correspondence of my intention to commence legal proceedings against them should they fail to comply with my requests for information under the Consumer Credit Act 1974 and part 31.16 of the Civil Procedure Rules.

In the first instance I have decided to forward my complaint to the Financial Ombudsman Service for resolution as you and your client appear to be unaware of, or unwilling to comply with your responsibilities.

Should the Financial Ombudsman Service support my complaint, then I will commence legal proceedings against your client for the County Court to make an order under sections 61(1)(a) and 127(3)of the Consumer Credit Act 1974.

I have already notified your client of how to resolve this dispute, but should it be necessary for me to initiate legal proceedings then you should notify your client that they may be liable for any costs incurred.

I trust your client will cooperate fully with the Financial Ombudsman Service during their investigation and will notify you of their findings in due course.

I trust this outlines the situation and that you will take note of my comments,

Yours Sincerely

---

 

Any comments welcome.

 

Regards

[angry cat]

Let Tesco take you to court;

always best to defend!

 

The alleged credit agreement, an application form, drafted by RBS/Tesco, is unenforceable. Furthermore, Tesco (now separate from RBS) have not fully complied with your legal CCA Request..."and any other document referred to in it"

 

Tesco have not fulfilled their obligation under s78 CCA.

[angry cat]

If you so desire, make a formal complaint with the FOS;

once this is done, the matter will become grid-locked.

 

Just a word of warning though, the CCA (agreement circa 2003) does not fall under the remit of the FOS and if they do not uphold your complaint, Tesco will use the FOS ruling against you.

[GhostDebt]

Hi AC

thanks for the replies.

I agree with letting them take me to court, but they don't seem to have yet, so was hoping to push them into doing it.

 

Maybe best to wait and see what they do and just ignore them for the time being what do you reckon?

 

Any other comments welcome as well.

 

Regards

[angry cat]

Always best to sit back; wait and see.

However, also take the reins and remind the poor dears that;

they remain in default of your legal s78 CCA request!

 

RBS and Tesco like to play: mind games...

[vint1954]

Hi AC,

 

Do you have any successful defences for this situation. Just trying to put one together for MBNA\Optima.

[GhostDebt]

Having not replied to the last 2 x letters Triton sent me I have received the following from them.

---

We refer to our previous correspondence concerning your outstanding obligations detailed above.

We remain very disappointed that you have failed to settle the debt or make satisfactory repayment proposals.

We have now recommended to Tesco Personal Finance plc that solicitors should be instructed to commence court proceedings against you for recovery of the debt, which would mean that you would also be liable for court costs.

This may involve the granting of a county court judgement(england and wales) or a court decree (scotland) against you. This would become a matter of public record and may adversely affect your ability to obtain credit in the future.

Should the debt continue to remain unpaid, we may ask the court to enfoce the debt against you.

The enforcement options open to us are as follows:

1. the county court bailiff (england and wales) visits you at home and takes away possessions to sell and set off against the debt.

2. a charge is placed against your property or assets which would remain on the land registry records until the debt is paid.

3. your employer deducts monies from your salary or wages to set off against your debt.

4. you attend court and submit to a personal detailed examination, under oath, of your personal financial affairs before a senior officer of the court or district judge.

 

we would far rather come to a satisfactory arrangement with you to settle this debt and therefore recommend that you contact this office on 020... to discuss repayment the moment you receive this letter.

 

we look forward to hearing from you.

---

 

I'm pretty sure this is in breach of oft guidelines any comments at all?..

 

regards

[GirlAloud]

Would be really interested to see how you get on - just had same letter! No CCA and just had my SAR docs - no CCA in that (just application form). Have previously sent me a 'reconstituted CCA'.

[GhostDebt]

Hi GirlAloud.

 

No further letters from Triton although they did call twice and I just told them to put it in writing. Just waiting to see which move they take next.

[GirlAloud]

Do let me know how you get on. I stopped them ringing me last year (I logged on the website and deleted my phone number and sent loads of letter about harassment). I presuming they don't have a properly excuted CCA - though not sure how mych this will benefit me now (given the Manchester Court Case). I am also disputing the balance on mine - but I can never get a straight answer - just a series of what appear to be standard letters... 'we have done nothing wrong, pay up...blah, blah, blah'

[GhostDebt]

Latest letter from Triton.

 

---

We refer to our previous correspondence concerning your outstanding obligations detailed above.

We remain very disappointed that you have failed to settle the debt or make satisfactory repayment proposals.

We have now recommended to Tesco Personal Finance plc that solicitors should be instructed to commence court proceedings against you for recovery of the debt, which would mean that you would also be liable for court costs.

This may involve the granting of a county court judgement(england and wales) or a court decree (scotland) against you. This would become a matter of public record and may adversely affect your ability to obtain credit in the future.

Should the debt continue to remain unpaid, we may ask the court to enfoce the debt against you.

The enforcement options open to us are as follows:

1. the county court bailiff (england and wales) visits you at home and takes away possessions to sell and set off against the debt.

2. a charge is placed against your property or assets which would remain on the land registry records until the debt is paid.

3. your employer deducts monies from your salary or wages to set off against your debt.

4. you attend court and submit to a personal detailed examination, under oath, of your personal financial affairs before a senior officer of the court or district judge.

 

we would far rather come to a satisfactory arrangement with you to settle this debt and therefore recommend that you contact this office on 020... to discuss repayment the moment you receive this letter.

 

we look forward to hearing from you.

---

Exactly the same as that received earlier, see post #66.

 

Will carry on playing the waiting game for the time being I reckon.

 

Regards

[sedgwick]

Hi Ghostdebt

 

Just seen the letter you received back!! How can they apply for a charge against your property when the debt isnt secured!! I sent Tesco a dispute letter as they couldnt provide a contract for my mums c/card, but got a letter back saying pay or else!! Just working out my next move!!!

[GhostDebt]

Hi Sedgwick.

To apply for a charge, they would first have to get a CCJ and then if the CCJ was not paid either in full or by installments they could apply to the court again for a charging order.

In other words fat chance .

 

Have a look through my full thread for a few ideas, if it helps or start your own thread and look for further comments.

 

Regards

[GhostDebt]

Brief update,

 

After Triton comes..... Wescot and Nelson Guest & Partners Solicitors.

 

Have drafted the letter below to give them another chance to provide the documents.

---

 

Thank you for your letter dated *. I do NOT acknowledge any alleged debt to Wescot Credit Services Ltd and to date have received no correspondence from Wescot Credit Services in this matter.

 

 

I therefore respectfully request that you provide me by return, a copy of the executed credit agreement which bears my signature and the associated terms and conditions. I must stress this request is NOT made pursuant to S.78 of the Consumer Credit Act 1974, but is made pursuant to the Civil Procedure Rules, part 31.16 and therefore an unsigned or reconstituted copy will not suffice. Only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

 

Please confirm that you will provide this document as it will allow me to assess if my case has merit and will help to resolve matters, possibly without the need to involve the court and will undoubtedly save costs on both sides.

 

 

I look forward to your reply and would ask for a response by 4pm on *.

 

 

Your due diligence is expected in this matter.

 

 

Yours faithfully,

---

Will post tomorrow and let you know what response I get.

In the meantime any comments greatly appreciated.

 

Regards

[Deb T]

I like that letter, have a slap to the back or is it a reputation thingy, in any case have one

[GirlAloud]

Similar boat as you - but have the fabulously titled Risk Management Alternatives chasing me. They write very nice letters almost as if they are doing me a favour. I don't even bother answering anymore - far as I am concerned account is disputed. Account was opened in 2000 and they just sent me a bunch of unrelated documents - application form, various terms and conditions and a blank piece of paper with my current address on.