tesco cca

[peter1234]

the application form

 

think i have sussed this now hooray

maybe not wrong doc

Edited April 3, 2009 by peter1234
wrong doc

[peter1234]

[cerberusalert]

The upgraded form would be enforceable if it were the original agreement, but I don't see any signature. The application form certainly isn't enforceable...so all in all I think you're the winner here.

[peter1234]

the only signiture is on the application form would the agreement on the back make a differerence even if no signiture

 

no signiture on first aggreement

 

no signiture on upgraded card agreement

[cerberusalert]

For it to be enforceable there has to be certain prescribed terms included within the 'four corners' of the signed document, front or reverse. These are; %APR, credit limit, repayment terms etc. If those aren't on the last document you posted it is unenforceable.

[peter1234]

thanks for your help

does that mean it would be unenforcable by a court

 

and what is the chance of them coming up with a fully signed agreement i think they sent quite a bit so would be inclined to think that is all they have they did take well over 4 weeks to get it to me

[cerberusalert]

I don't think the terms in post #24 are the reverse of the form in post #27 because the one in #24 states that it is a copy for you to keep. That wouldn't be so if it was on the original form.

[peter1234]

thanks for the help and putting up with my dodgy attachments

[cerberusalert]

That's OK. You could send them this to see what their reply is;

 

Dear Sirs,

 

Account no

 

 

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

[peter1234]

thanks

 

will do that

[peter1234]

I have been reading up on this all day, still confused, if post 24 were on the back of the original application form would it be enforcable

 

Sorry have been worrying all day and night

[cerberusalert]

They are trying to 'infer' that those prescribed terms were part of the application form, but they are not. Just send the letter off & see what their reply is.

[peter1234]

hi have just noticed on my application form from jan 2001 that it talks about chip and pin was this around then

[cerberusalert]

After 14 February 2006 things got tougher for the fraudsters, as everyone using chip and PIN cards now has to use their PIN to be sure they can pay.

[peter1234]

Hi

 

iwrote to tpf to request a more legible copy, i gave them a time limit to reply. I have not had a response.

 

My problem is that my OH does not know about this debt he would go ape. if i send the indispute letter i will then start to get calls which means he will then find out.

i am paying the min payment and have not defaulted but cannot keep it up much longer.

 

Should i send a letter pointing out what is wrong with the stuff they sent and asking for clarification regarding wheather they do have more than my app form.

i would like to make a full and final offer, so dont want to go though months of correspondance

 

would welcome your opinions

[peter1234]

anyone

[peter1234]

Just to say been going through old paperwork and have come across card carriers.

Not the first one ever, but the one posted up in an earlier post from a replacement card

 

Its different mine is interspersed with info on card insurance etc, theirs seems to be missing this bit

 

Do you think they were trying to hoodwink me into believing it was complient, surly if it has info regarding insurance then would this not make it unenforceable due to having stuff other than just prescribed terms?

Obviously i know the card carrier makes no difference anyway, but it does make you wonder

[peter1234]

Would it be possible to PM someone in the know regarding checking out a letter i wish to send to TPF

I do not wish to post as may identify me

[cerberusalert]

Did you send the letter in post #34 & have you received a reply?

[peter1234]

hi sent a letter asking for clearer documents and asking for info regarding the back of application this was sent 7th april no reply

 

sent a letter 7th may stating that since they had not replied assumed they did not have an enforceable agreement so offered a full and final settlement gave them to last friday to reply no received one

[cerberusalert]

Well as the a/c is in dispute you don't have to pay them anything until it's resolved, so you might as well wait until they make the next move.

[peter1234]

next payment not due until mid june

 

have not got any defaults yet but finance are dire since crunch

 

trying damage limitation so need to know something before mid june

[peter1234]

received letter today we have complied etc with sections78

 

we do not consider ac to be indispute etc

 

i asked for a clearer copy of app form and for a copy of back of app form nothing sent. i also pointed out that the stuff they sent was not enforceable they say they will not entered into any further correspondence regarding alleged CCa breaches

 

i would like to send out a strong letter saying why the a application form is not enforceable any ideas

[cerberusalert]

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

Debt collection guidance - Final guidance on unfair business practices - oft664

[peter1234]

they have not harrassed me yet or threatened me