Missy v RBS/Tesco

[MissMorningStar]

Written preliminary letter requesting charges levied on Tesco Credit Card back and will be posting tomorrow.

[maroondevo52]

Good stuff, keep us posted.

 

Regards.

 

Scott.

[MissMorningStar]

Preliminary letter received by Tesco today. They now have until 14th April to reply before I send the LBA...

Edited March 31, 2009 by MissMorningStar

[MissMorningStar]

Had a reply from Tesco stating they believe their charges are in line with OFT Standards and offering me the £8 + interest difference between the few £20 charges I have and the £12 they believe it should be.

 

Wrote LBA now quoting the OFT to show that they have not given them permission to charge me £12.

 

Will await their reply within 14 days or will begin claim against them with Mcol.

 

Missy

[MissMorningStar]

TESCO did not reply to my LBA so ready to start MCOL action.

 

Does anyone know which POC I use for Tesco as can't see one for them in Library?

 

Also I am right in thing it's Tesco Personal Finance Limited, PO BOX 5747, Southend-on-Sea, SS1 9AJ I use for their address as no longer part of RBS?

 

Thanks,

 

Missy

[MissMorningStar]

bump

 

Anyone?

[saintly_1]

Hi

 

What you ned to do is use the POC's here http://www.consumerforums.com/resources/templates-library/48-bank-templates/120-zootscoot.html amend them to suit

[MissMorningStar]

Thanks,

 

Court Claim issued against Tesco...

[MissMorningStar]

Hi,

 

I have received defence from Solicitors and a request for further information under CPR 18 with regard to CPR Rule 27.2(3) by a specified date.

 

It requests:

2.1 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same.

2.2 In relation to each charge please clarify the following:

(a) Is it the case of the Claimant the same should not have been charged?

(b) If yes; please explain why the Claimant contends that the same should not have been charged?

© If no; is it the case of the Claimant that the same should not have been charged in this amount?

(d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged.

(e) If no; please state the Claimant’s case.

3 In your claim you state that the charges are: “unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 and at Common law”. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify:

(a) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (“the Regulations”); and

(b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable.

 

Does it still stand as per Martin3030 post below that Solicitors can't request this info, only a court can, and to reply as suggested below? The court also forwarded these documents with the AQ to me.

 

Also the defence refers to "the bank charges" a few times through the defence; however my claim is for a Credit Card not bank charges- is this irrevelant or to my advantage at all?

 

Thanks in advance

 

Missy

 

Write back and say that you have provided everything you feel you are obliged to.

say for clarification I once again submit the following;

account no........

full name....................

total amount being claimed.................

 

a schedule of charges.

 

 

Say you will be prepared to furnish any additional information to the coiurt should thr Judge request it later.

 

on the bottom of the letter write...."copy sent to ........County Court.

[MissMorningStar]

BUMP anyone please?

[MissMorningStar]

Site Team can you help please with matter above I have to reply very soon?!

 

Thanks Missy

[Mr lex]

Hi Missy,

 

I'll flag this up for the Mods that have been helping and other CCA folk.

 

Lex

[MissMorningStar]

Thanks Lex- It's just if I do need to reply I need to get it in the post tommorow to meet their deadline.

 

Just to make it clear though I didn't CCA them for my agreement. I only opened the account I believe in 2007. Account was paid off in 2008 and closed and then I started claim for the unfair charges made to the account this year.

 

Thanks for your help,

 

Missy

[citizenB]

Hi, do you have another thread running regarding your bank charges ?

 

I can see that you have copied a response that Martin3030 has suggested you respond with. But I cant see where he has put that information for you.

[MARTIN3030]

Have just seen this CB-lets have a look and see where that came from.

[MissMorningStar]

Hi CitizenB

 

No that quote wasn't a response to my situation sorry. This was a suggestion Martin3030 had made to someone else who had had the same defence from solicitors-however I believe the post was from 2007 and so I'm not sure if it's still relevant. Ive been searching for days but most posts seem to be about CCA requests and I can't find any information in templates around Credit Card companies defences.

 

As I have mentioned I'm not sure if I do need to reply to their request for further information and clarification as per their defence or if only a judge can order this? I'm more than sure it's just a delaying tactic as I sent copies of schedule of charges to them both with my preliminary letter and LBA. I just don't want to get something wrong after getting this far with the claim.

 

Also as per my first post I see they've referred through their defence to 'Bank Charges' a couple of times when my claim is in fact against a Credit Card Company. I'm not sure if this is irrelevant or if they've messed up their defence?

 

Thanks,

 

Missy

[MARTIN3030]

It looks to me as though they have used a standard defence for defending Bank charges claims.

The post from me would certainly still be applicable-although it depends on the levels of the case.

Can you confirm -does this relate to your credit card thread ?

[MARTIN3030]

looks to me to be a Cobbetts request-is this the case ?

[MARTIN3030]

How far are we into the case-has it been allocated yet ?

[steven4064]

Part 18 says

18.1 (1) The court may at any time order a party to –

(a) clarify any matter which is in dispute in the proceedings; or

 

(b) give additional information in relation to any such matter,

 

whether or not the matter is contained or referred to in a statement of case...

The vital words are "the court may". So IMHO Martin's advice still stands.

[MARTIN3030]

Have a read here-It was a thread I did some time ago to deal with this-and updated it in post 408

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

Edited June 10, 2009 by MARTIN3030

[MARTIN3030]

Its something Cobbetts were famous for-I dont know if others adopted the same tacs later.

[MARTIN3030]

Thanks for clarification-so we know it IS Cobbetts.

[MissMorningStar]

Thanks all for your help.

 

Yes it's been allocated to my local court and I sent the AQ back.

 

Will write reply now to solicitors as per Martin3030 suggestion above.

 

In regards to the mentioning of 'bank charges' I take it it's irrelevant and does not make their defence invalid or anything?

 

Thanks,

 

Missy

[MARTIN3030]

Not really - its not something that would be in your favour or make much difference.

Your case has already been allocated to small claims ?

Then they are just going off the "May" order as Steven pointed out.

I think I can only recall a couple of cases where Cobbetts were granted the request-and in any event all the points they mention are easily answered anyway.

Now if they are really trying to deal with this as a bank claim-they would certainly ask for a strike out claiming that penalties under common law were ruled as off the table.

However this only applied to those terms and conditions of accounts that were looked at and ruled on in the test Case.Tesco credit cards were not amongst them.

I will merge your Tesco thread with this one-keeps things easy.

So has there been any signs of a stay being mentioned at all ?

Although you and Cobbetts are aware that CC claims are not part of the OFT investigation-unfortunately many judges are not !!!