tesco cca

[diddydicky]

its an application form no presscribed terms whatsoever have asked for further clarification ie anything on back of for nothing sent

 

sorry that question was to kate who has gatecrashed your thread, sorry

[katedog]

why do you say it is in dispute?

 

No CCA.

[peter1234]

Katedog could you please start your own thread as mine is long enough

 

thanks

 

will look at yours and try to help are you dealing with Tesco

[diddydicky]

No CCA.

 

if you have made a s78 request recorded delivery with one quid fee and they havent sent you anything then send this:-

 

Re Account XXXXXXXXXXX

.

 

Dear Sir/Madam

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On XXXXXXXXX 2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of XXXXXXXXX 2009

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.

 

 

- 2 -

 

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both unlawful.

 

Please also take this letter as 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 agency

 

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 not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware 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 as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

Please respond within 14 days from receiving this letter with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[katedog]

Already done under "account in dispute ?"

[diddydicky]

Already done under "account in dispute ?"

 

then thats all you need to do

 

all the time they fail to deliver they can do nothing

[peter1234]

anyone got any sugestions

[peter1234]

the phone calls have started

i have written asking for them to communicate by letter only, they say they will keep calling

 

they are positive that the account is not in dispute.

 

they will not respond to CPR31.16 can i issue court proceedings to get them to respond to the request

 

what other options are available to me

 

suggestions received with appreciation

[Dinkjames]

Just refuse to go through the security questions with them. There is nothing more that you can do, I am afraid. I am in the same position with a number creditors. I say it is in dispute and they say it is not

[peter1234]

how long does it take them to pass it on to a DCA

[Dinkjames]

It varies. I have two DCA's from Tesco chasing me for the same account. Have to keep up to date as I never know what I have written to one or the other.

[diddydicky]

the phone calls have started

i have written asking for them to communicate by letter only, they say they will keep calling

 

they are positive that the account is not in dispute.

 

they will not respond to CPR31.16 can i issue court proceedings to get them to respond to the request

 

what other options are available to me

 

suggestions received with appreciation

 

get yourself a truecall then they can call all they like and youll never even know they called (unless you check on your internet call logging)

[lexis200]

Truecall does sound great and I would love one, but it's beyond my finances at the moment - so we got a cheap mp3 recorder from Argos which is fine for recording (obviously it doesn't intercept calls, but at least you can prove what was said).

 

If you can't find £30 either though at the moment, just be sure of what you need to say and tell them the call is being recorded (just a small white lie;). They never seem too happy to continue when they think their threats may come back to bite them on the ar**!

[peter1234]

thanks lexis

[peter1234]

does anyone have any thoughts on using section127 in that a tatement by a creditor or owner is binding under s78 of CCA1974.

 

i belive this means that the documents that are sent using s78 are the only documents that can be relied on in court as these were the only documents provided to a lawful request

[diddydicky]

does anyone have any thoughts on using section127 in that a tatement by a creditor or owner is binding under s78 of CCA1974.

 

i belive this means that the documents that are sent using s78 are the only documents that can be relied on in court as these were the only documents provided to a lawful request

 

unfortunetly no, under sect 78 a "true" copy of an agreement can be a reconstruction whereas in court the original agreement has to be produced

[katedog]

Hello everyone

 

Any updates?

[diddydicky]

Hello everyone

 

Any updates?

 

but..... if the creditor ( who had stated that what he sent you in response to a s78 request) was a true copy of an original executed agreement (even if they reproduced it from a microfiche or even typed it out on fresh paper) then if in court he produced the "original" and it was substantially different from that which he originally supplied

 

he might have some explaining to do

[peter1234]

thanks diddydicky

 

nothing back yet katedog will update asap

[peter1234]

hi

 

Have received another final response from them

 

i wrote pointing out everything that was wrong with application form and asking them to point out the reasons they believe it was enforceable they obviously couldnt do this

 

I think my next step is court but need some info on how to go about this and the implications etc

 

thanks

[lilly white]

WELL I HAVE BEEN FOLLOWING

 

IT IS MAKE THEIR MIND UP TIME.

 

THE SET OF DOCS WHICH IN MY OPINION THEY WILL STRUGGLE WITH ARE NOT A CCA IN ITS TRUE MEANING THEY LOOK LIKE THEY HAVE BEEN MADE UP BY A 2 YEAR OLD.

 

HAVE A READ EDIT IF NESS.

 

 

 

Simple THANKS TO PT

 

 

Dear Sir or Madam,

 

In respect of the credit agreement you have disclosed on the XXXXXXX 2009

 

After seeking legal advice from a Consumer Credit Law specialist i can comment as follows.

 

The agreement you disclosed is improperly executed, it is not compliant primarily with s61(1) Consumer Credit Act 1974 and the consequences are that as it stands the agreement is unenforceable and requires an order of the court pursuant to section 65(1) CCA 1974 to be remedy this problem. you are invited to make such an application for the said order.

 

Upon such an application i will rely upon the following points

the agreement does not comply with the regulations made by the secretary of state under the powers given by s60(1) of the 1974 Act and accordingly the agreement doesn ot comply with the strict requirements of s61(1)(a) Consumer Credit Act nor did it comply with s61(1) © Consumer Credit Act 1974

 

These breachs are clearly prejudicial to me as on entering into the agreement i was not givne the informatiuon that the Consumer Credit Act required to be made clear, i was not aware of the true cost of borrowing.

 

I would further highlight that BANK NAME IN HERE subscribes to the Banking Code, as a requiremento f the code, they are required to lend responsibly and they clearly have failed in their duty under the code

 

my contention is that the court should not make an enforcement order, my authority for this contention would primarily be the case of Wlaker v SPPL in the Chester High Court before HHJ Derek Halbert. however if the court were minded to make an order for enforcement my argument would fall directly upon Rank Xerox Finance Limited vs Hepple CCLR 1994 1 and in this case the court taking into account a single breach of schedule 1 Agrement Regs reduced the amount of debt from £5000 to £500 to compensate the debtor for the prejudice caused

 

in view of this and in view of the fact you require an order from the court to enforce this agreement as clearly set out within the act, and the House of Lords in Wilson and First County Trust 2003 UKHL 40, i would invite your proposals to settle my dispute. i would also advise that i am informed that , i am able to apply to the court to consider this matter pursuant to section 142(1) CCA 1974 if no suitable agreement can be met.

 

however i trust this will not be necessary

 

I look forward to your settlement proposals

 

regards

 

THAT IS WHERE YOU ARE AT USE IF NEEDED SUBJECT TO THE DETAIL

[peter1234]

hi

thanks for all that

i will send this letter although i have had 2 final response letters from them i will see how they respond this time and if not favourable will then consider court proceedings

[peter1234]

After much consideration i now feel it is time to issue court proceedings the letter that Lillywhite kindly sent is similar to one i have already sent and had another final response to.

 

i would like some help on how to go about court proceedings and what i claim for ie that the agreement be deemed uneforceable

[peter1234]

can this tread be moved to legal issues please

[peter1234]

bump