tesco cca

[peter1234]

Have now been sent a letter stating that they will default me if i dont make a payment and thati can pay by using a debit or credit card as long as it isnt part of RBS group and asking me to ring on a 0845 number i didnt think they could do either of these things

[lexis200]

They shouldn't, it's against OFT guidelines. Unfortunately they don't give a toss about proper laws, so guidelines mean diddly-squat to them.

[peter1234]

hi

do you know where i can find out that they cannot ask for payment via another card

[lexis200]

I think that's in the guidelines too... I'll see if I can find a copy and have a look-see.

[lexis200]

Ok, this is the link to the guidelines (it does seem to change (the link) fairly frequently so you might want to print it out). http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

 

The relevant bits to you re premium phone numbers (not sure if 0845 is premium or local? I always complain anyway - if you're phoning about being in debt it should be freephone! It always is if they're trying to sell you something!) and paying with credit cards are

 

2.2 h. asking or instructing debtors to make contact on premium rate

telephone numbers

 

and

 

2.6 b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

 

Also of interest is

 

2.8 k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

as that's the one telling them not to keep haranguing you for payment.

 

I reckon if you have a look through the guidelines you will find a dozen or so that they are breaking, which obviously if you have the time to complain to the OFT about you should.

 

These companies agree to abide by the guidelines (or at least by the spirit of them), so it is terrible that they always flout them, so use anything you can to screw them with a complaint - I doubt you'll be lacking in ammo:)

[peter1234]

Just to say

Have sent off complaint to FSO they have come back saying that they will not look at the legalities of a fullly executed agreement ( they seem to believe that terms and conditions sent separately are adequate) and that they will try to reach a fair agreement to both parties without taking legalities of agreements into account. what is the point

[peter1234]

the FOS also believe that because i original used the card then i accept all the debt including interest and charges that i never aggreed to because they were not written on the actual application form

[peter1234]

Is my only option now to start court proceddings and how long does this process take

[peter1234]

i have now been told by FOS that even though i am in dispute with a CC company they may still issue a default is this correct?

[peter1234]

update

 

FOS found that tesco had acted fairly but they would not look at the legalities of the application form as a CCA

 

Triton sent letter 3 days ago asking me to ring

 

what do i send back

thnks

[lexis200]

sorry andbrat, no advice, I just find it unbelievable that the FOS are unable to comment on the lack of a signed agreement!!

[diddydicky]

it was probably their lunch break!!

[peter1234]

Me too it took them 3 months to come to that decision

i think the FOS work for tesco

[peter1234]

Hi could anyone point me towards the bemused letter in response to account being passed to Triton

 

Thanks

[peter1234]

Hi have now had a response from triton

 

States that i was sent a response to my cca request back in march and that i also received a final response from originall creditor in june so basically pay up

 

My last letter to triton asked them to send a fully executed CCA.

 

yes they have complied with original CCA request but that does not mean it is enforceable

 

i need a strong response ideas anyone

thanks

[diddydicky]

time to put a stop to the "merry go round" IMO ............

 

 

 

dear Sirs,

 

thank you for your letter of XXXXXXX The contents are noted.

 

Both sides having made their positions clear, the argument has clearly become circular.

 

No further correspondence on this matter will be entered into unless it is to discuss a resolution of this matter or to respond to service of summons.

 

Yours sincerely

 

 

XXXX

[peter1234]

thanks

 

that sounds strong enough and too the point

[peter1234]

Update

 

Tesco passed on to triton then green and co sennt bemsued type letter they have now written to say thay have passed back to Tesco

[diddydicky]

sounds like they are acting true to form

 

your next letter will be from Newman & Co

[peter1234]

Who are they and are they a actual legal company

[diddydicky]

solicitors

[peter1234]

have you had experience of them

[diddydicky]

i am at present, hence my "inside knowledge"