Tescos CCA - is it valid?

[cal21c]

Hi Everyone,

 

This is my third post and can I just say "thank you" to everyone who has contributed to this forum - it has been very useful and enlightening.

 

I have been pursuing unenforceability on several Credit Card Companies. Tesco also replied with this CCA after the original 14days. I'd just like an opinion from people who have been through this in the past as to whether this is a solid agreement or not? I'm not sure if this can be caught in unenforceability anyway as the date is May 2008?

 

Thank you in advance for your help! Hopefully I can contribute to this forum in future and help others too.

 

Tesco CCA BL.jpg photo - cal21c photos at pbase.com

[alfwithhair]

Looks to contain all the required terms to me.

[Dinkjames]

Unfortunately, I do believe that they have an enforceable agreement there as it has all the prescribed terms as required.

 

However, I would make the comment that the agreement is not properly executed as it does not contain the signature of the creditor and there is no space on the page for a creditor to sign. See http://www.consumeractiongroup.co.uk/forum/show-post/post-1747471.html

 

Is there a 2nd page that could have been on the back containing their signature?

[cal21c]

Nope they just send through a lot of T&Cs and my original application form?

 

I'll double check tonight but I am pretty sure that was it. DJ - that link you sent doesn't seem to cover signature of the creditor?

 

Thanks for taking the time to reply everyone!

 

Cal

[Dinkjames]

In the first quote in Steven's thread, which I linked to above.

 

61.--(1) A regulated agreement is not properly executed unless--

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

[cal21c]

Sorry DJ - you are a absolutely correct - I am in work at the moment and trying to read this whilst doing other things.

 

Ergo this is an invalid agreement?

 

Thanks again

[Dinkjames]

Ergo this is an invalid agreement?

 

No, it is an agreement that is not properly executed and can only be enforced by an order of the court. In order for the courts to enforce the agreement, a number of other things are considered:

 

a) Is the agreement in the prescibed form and with all the prescribed terms

b) The terms must be legible

c) It must be signed by both debtor and creditor

d) Rules regarding copies to Debtor must be complied with

e) If it is a cancellable agreement, the debtor must be given notice of his cancellation rights and how to exercise that cancellation.

 

So, the agreement is not invalid, but can only be enforced by the courts.

[cal21c]

Sorry, I did mean unenforceable, not invalid! I must get my terminology right.

 

Good to know anyway.

 

Thanks DJ.

 

Cal

[Dinkjames]

Cal, just keep in mind, that if it did go to court and the only infraction was the lack of signature, you have about a 99% chance that the judge will enforce the agreement. And the bank would probably get costs.

 

So, I would not use the lack of signature as my only leg to stand on.

[cal21c]

Ok DJ - thanks for that. I understand. Still gives them some more work to do.

 

Cheers,

 

Cal

[cal21c]

Hi,

 

Another quick question. Can anyone point me to a template I could use to point out their lack of a signature?

 

Thanks,

 

Cal

[cal21c]

Anyone? Help?

 

Cal

[Dinkjames]

Why would you want to show them the errors of their ways? Your original scan is page 2 of 2. Where is page 1 of 2?

[cal21c]

There was a reason I didn't bother posting page 1 - I'm in work at the moment so I will have a look.

 

Triton have started pestering me now so I thought I would write to them to tell them that as it stands it is unenforceable? Or is this not the right approach?

 

Thanks,

 

Cal

[Dinkjames]

As I stated before, IMO the agreement is enforceable, it has just not been executed properly. A situation easily remedied by the creditor signing the document, however, there is no space on the document for them to sign it, unless their signature is on page 1.

 

I would simply send Triton a 'In Dispute' letter. Keep your powder dry and don't let them know that the document is incorrectly executed.

 

Any sign of a DN yet?

[cal21c]

Sorry, DN?

 

This arrived at the end of last week - What letter should I send to them, please?

 

http://i695.photobucket.com/albums/vv317/cal21c/20090720-TritonTescoLegalBlank.jpg

 

Can I send an in dispute notice and say it is unenforceable but not tell them why?

 

Cheers,

 

Cal

[cal21c]

Anyone? Please?

 

Cal