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unknown Carter CCJ for Tesco Credit Card - set aside help please

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I Sent a CCA request on the 24/02/09 to Tesco. Today, 16 days later I recieved a response letter along with a unsigned copy of the aggreement at the time I took it out as well as my current terms & conditions.

 

The letter from Tesco states "We are obliged to provide you with a 'true' copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments still require to be made. I terms of CCA copy documents regulations, the 'true' copy requirement can be satisfied by providing a copy aggreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement.

 

I enclose the s78 (1) information.

 

With regard to your requst for a 'statement of account', I have enclosed the most recent available statement for the above account. Should you require duplicate statements of your account prior to this date, please contact me accordingly and I will advise you of the cost of these".

 

can anyone give me advice on the best course of action. I was about to send an Account Dispute letter.

 

Thanks.

Edited by Me against them!
typo

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I can't remember exactly when I opened it, but the unsigned agreement they have provided has the 1/08/2007 next to the signature box.

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You are asking whether its enforceable in court, what they have to send you to comply with a CCA request is not what they would have to produce in court.

 

In court they would have to produce the original agreement containing your signature and the "prescribed terms"

 

So the date on the form they sent you makes no difference, if the account is only a few years old then it most probably is enforceable

 

 

The prescribed terms for a Running credit account as set out below

 

15. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

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OK, but either way they have not provided me with a original signed agreement. Is there a definitive date when agreements are more likely to be enforcable?

 

I was under the impression that if they do not supply a signed copy then the customer can deny an agreement is in place. Is this correct or am I being a bit naive?

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I have around £25,000 of debt on credit cards as well another £17,000 on overdrafts and a loan. I sent the CCA request letter as I was under the impression that if the creditor cannot provide an agreement that is signed or has infomation missing from it, etc, then the account could be disputed. I am prepared to do what ever it takes to try an get as much of this written off as possible. The only other viable option is bankrupcy, which I really would prefer to avoid. Do you think from 11 creditors I am likely to suceed in my plans. Around half of the credit cards were taken out pre 2007 if this helps.

 

thanks.

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Depends who the others are/how old they are, some were more careful than others with their agreements, although in the last few years they have been getting them right, having been stung so often.

Its not much consolation but my situation was/is worse than yours, and im still standing after 18 months of this.

 

I was merely pointing out that you cant always tell from the response to a cca request, what they may produce should the matter make it as far as court, its only then that they are forced to show exactly the documents they will be relying on

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The details of my credit accounts are below and include the year the were opened.

 

Abbey: 2003

Halifax: 2007

Barclaycard: 2004

Mint: 2006

RBS: 2007

Tesco: 2006

Egg: 2004

MBNA: 2006

Capital One: 2004

Post Office: 2007

HSBC Loan: 2002

Liverpool Victoria: 2006

 

Any comments or opinions on how difficult any of these creditors are to deal with are welcomed.

 

Also, I am starting to receive responses to my CCA requests and will post up as seperate threads over the next 24 hours.

 

Thanks

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abbey=mbna rarely have enforceable agreements

Cap 1- diito

rbs/mint/tesco are all the same company, and can be very difficult to deal with

mbna 06, even though its recent, they are so hopeless, you could well be in with a chance

hsbc never give up will take it to the wire, but still possible dependant on the circs

barclaycard 50-50

the 07 cards, almost certainly compliant IMO

liverpool/PO-no idea

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Thanks for yor help and opinion CCMug.

 

As I said I'll post up the documents the CCA requests have brought my creditors to produce.

 

If you have time to take a look it would be much appreciated.

 

Thanks again.

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rbs/mint/tesco are all the same company, and can be very difficult to deal with

 

I thought Tesco bought out the RBS stake in Tesco Personal Finance so it is now wholly Tesco owned?

 

PS: my 2000 Tesco is a joke, well it's actually just the application, so no chance of them enforcing it.

 

An Egg Card from 2004 is likely unenforceable too (check if it says 'approved' limit instead of Credit Limit).

 

(You like your credit cards don't you !! :lol: )

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Can anyone advise if this CCA is enforcable?

 

Thanks

 

From what I can see (the images are a bit small) it looks pretty watertight to me and contains all the terms required.

 

Is this what you remember signing, indeed did the copy posted have your sig.?

 

I assume it is fairly recent (post 2005)?

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(You like your credit cards don't you !! :lol: )

 

 

I doubt if he/she has that many cards through choice, probably had to keep applying for new ones just to keep going - like most of us on here.

 

I have at least that many and balances totaling over £100k.

 

Mind you 95% of mine look like they are unenforcable ! :D

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The date next to the signature box says 2007, although there isn't a signature and I cannot recall signing anything as the application was made online.

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The date next to the signature box says 2007, although there isn't a signature and I cannot recall signing anything as the application was made online.

 

Egg applications made online only require you to place a tick in a tickbox for it to be regarded as a valid sig.

 

It looks like it is a good agreement, which I would expect for a 2007 version. :(

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I have accumulated about 12 creditcards over the last 8 years, mainly due to taking advantage of balance transfer offers. Over last 2 years I have managed to get myself into a bad position and ended up maxing most of them. Now I need to do something about, hopefully without having to make myself bankrupt.

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Egg haven't even provided a CCA yet, as my Egg card was the first I am hopefull it is unenforceable like most of its kind around that time.

 

Doh !! Got Egg on the brain (not literally !! :lol: )

 

Sorry the TESCO agreement looks good with all the correct terms and only needs a ticked tickbox to be enforceable.

 

You Egg agreement is likely unenforceable from what keeps cropping up on these forums. :-)

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Thanks, I thought it probably was enforceable given its a fairly recent card. I don't think my Capital One or MBNA aggrement will be enforceable either. Fingers crossed anyway!

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I have accumulated about 12 creditcards over the last 8 years, mainly due to taking advantage of balance transfer offers. Over last 2 years I have managed to get myself into a bad position and ended up maxing most of them. Now I need to do something about, hopefully without having to make myself bankrupt.

 

I do sympathise (really, I've been here before about 15 years ago, I'm a slow learner ! :grin: ). I've only got 4 cards and two loans but they add up to £40K.

 

3 cards are unenforceable (the other I want to keep anyway) and the loans are enforceable :( (one is with my mortgage supplier, so no challenging THAT !!! :eek: ).

 

Your situation will likely be long drawn out. CCA the older agreements first. They are the most likely unenforceable.

 

Anything taken out post 2005 is most probably going to be good (i.e. enforceable).

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Thanks, I thought it probably was enforceable given its a fairly recent card. I don't think my Capital One or MBNA aggrement will be enforceable either. Fingers crossed anyway!

 

MBNA haven't even responded to my CCA request, which by all accounts is standard procedure for them. So they already have my 'dispute' letter ! :wink:

 

There a a few MBNA threads around where the results of their 'blue peter' departments work can be viewed. :grin:

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I do sympathise (really, I've been here before about 15 years ago, I'm a slow learner ! :grin: ). I've only got 4 cards and two loans but they add up to £40K.

 

3 cards are unenforceable (the other I want to keep anyway) and the loans are enforceable :( (one is with my mortgage supplier, so no challenging THAT !!! :eek: ).

 

Your situation will likely be long drawn out. CCA the older agreements first. They are the most likely unenforceable.

 

Anything taken out post 2005 is most probably going to be good (i.e. enforceable).

 

Why would you want to keep it?....as soon as you default on any of them they will reduce your limit to the current balance, and raise the interest rate sky high.

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