Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Do you mean your particulars of claim? – In that case, I'm sorry but I missed it. Please could you indicate which paragraph is at?
    • dx100uk Yes that's the wording.  I'm not clear who the applicant is in this situation!    LR say that the applicant is the buyer or their conveyancer. So in that case as others have said on here - the buyer/conveyancer need only write to the council after the sale.   OR Does 'applicant' in this case refer to the council who made the application for the restriction?    If the former this is dependent on my solicitor and the buyer's solicitor being aware of this type of restriction and particularly the purchaser is unfazed by a 'restriction' on the property. LR confirmed earlier that as my father was a joint proprietor of the property, the charge could not be registered or noted, instead it was protected by registration of a [non-standard] restriction.  If the latter then the council won't do that until I've paid the bill [whatever that is now]
    • Thanks    I have also stated the same right to reject in my WS Hearing is on 23rd October 
    • But they still can send a claim form to your old Address. You won’t even know about it either, therefore won’t be able to defend The next thing you know is when you are turned down for credit and find a fresh, shiny CCJ on your file.   The answer is to let them know your current address via post. That way , if they are stupid enough to try any action, they won’t have a snowballs chance in hell of winning. You have the ultimate defence! It’s statute barred.
    • Also, I should point out that you will win anyway – but you are making it much more complicated than it needs to be. If you simply raise the question of your statutory rights and his breach of obligation then the judge will give you a judgement in your favour within five minutes. Because you have raised pretty well every other issue bar that, the judge will have to consider the entire aspect of the defects and whether they do amount to a substantial breach of contract and whether they could have been repairable et cetera et cetera et cetera. Although you will eventually win, it means that the judge may have a complicated issue to decide and of course it will simply prolong the agony. Simply raising the fact that the dealer refused to comply with your assertion of your right to reject will bring the entire case shuddering to a halt in your favour and the judge doesn't need to listen to any other arguments. He simply needs to see your letter of rejection.
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
katedog

Tesco PF. No CCA. Whar next?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3915 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everbody.

 

Can anyone advise me of my next best course of action?

 

I cca'd Tesco pf and got back an applictaion form just like a lot of others on here.

 

I then sent them the CPR31.16 request to whcih i have had no response.

 

My credit file is pretty much knackered.

 

Question is do i jsut sit and wait with the ball in their court or should i go on the offensive and if i do what's my next best step?

Edited by katedog

Share this post


Link to post
Share on other sites

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

did you say you did get a reply to CPR31.16

 

more than i did

Share this post


Link to post
Share on other sites
did you say you did get a reply to CPR31.16

 

more than i did

 

No

 

i got no reply to my CPR 31.16

 

I just want to know is it worth the hassle of fighting for something I'm never going to get, when I can't get them to repair my credit file at the end of it.

 

Or should I just sit tight and every now and again send bemused letters to DCAs

Share this post


Link to post
Share on other sites

 

 

Thanks

 

Yes I have seen these threads but I must confess there is an awful lot to take in.

 

Just thought someone who's been there could point me in the right direction.

 

Sorry if I'm being lazzzzzzzzzzzzzzzzy.

Share this post


Link to post
Share on other sites

hey have you looked at my thread i am at a similar place as you . i have sent a further letter last week. this is after the final response from them. i am still awaiting a reply i will let you know what i receive. i didnt get a response from CPR either.

 

When is your application form from

Share this post


Link to post
Share on other sites
hey have you looked at my thread i am at a similar place as you . i have sent a further letter last week. this is after the final response from them. i am still awaiting a reply i will let you know what i receive. i didnt get a response from CPR either.

 

When is your application form from

 

Hi

 

Yes I have seen your thread. My application is just the same as yours and one or two others on the site

 

Mine is dated february 2003.

 

So far I sent the cca request twice and the cpr letter.

 

I had one lteer from them which i think passed my second cca request in the post, to date no response to cpr request sent 23rd june I only gave them 14 days, but i think it should have been 28.

 

Let me know what your doing next.

Share this post


Link to post
Share on other sites

Hope to update you within the next week

 

Send a reminder for the CPR after 21 days that way you can say you have made every effort to get the info and they have stuck their head in the sand and then spit their dummy out with a final response letter

Share this post


Link to post
Share on other sites

using the 31.16 can be a good strategy but i would counsel against sending one off willy nilly without first fully researching the subject on here so that you know what follows afterwards

 

may i suggest you read up on the subject from start to finish so that you know what comes next

Share this post


Link to post
Share on other sites

Just to update if anyones looking.

 

Its now two months CCA request. Still only had an application sent to me and I've now fired off my second cpr request, are TESCO that busy that they cant even send me a threatening letter??????????

Share this post


Link to post
Share on other sites

your only option now is to apply to court for enforcement of you cpr request but first i would write (recorded delivery) to the OC and ask what, if any reason they have for not acceding to your request

 

if they don't reply again or give you some spurious reason for not sending you the agreement then you can use this in your application to the court

 

more than likely if they respond they will say that they do not believe you have grounds for an action and that you are just fishing

 

but against your failed cca requests you should ok

Share this post


Link to post
Share on other sites

Thanks diddy,

 

just waiting 28 days after my second CPR request, I want to be seen to be as reasonable as I can before I go any further.

Share this post


Link to post
Share on other sites

I have payment plans in place with two of my debtors whereby i pay £60 per month to each of them. This arrangement has been in place for 2 years now

 

Debtor 1 i(6500 owed ) is with Tesco (Bank of Scotland) who have not charged me extra interest for the loan but did reassign it and after i complained took the loan back. I have had this loan for 7 years now

 

 

Debtor 2 (£6900) is with Virgin MNBA i transferred from Egg credit card to this MNBA. I regret this bitterly. High interest rates meant that i could not pay. Got them to freeze interest and got them to accept £60 per month. I have add this credit card in place for 3 years

 

I now what to offer both of them a full and final settlement of 10% of the debt owned.Can i do this without jeopardy to the Payment Plan in place?

 

Any advice would be very much appreciated

 

thanks

Share this post


Link to post
Share on other sites
I have payment plans in place with two of my debtors whereby i pay £60 per month to each of them. This arrangement has been in place for 2 years now

 

Debtor 1 i(6500 owed ) is with Tesco (Bank of Scotland) who have not charged me extra interest for the loan but did reassign it and after i complained took the loan back. I have had this loan for 7 years now

 

 

Debtor 2 (£6900) is with Virgin MNBA i transferred from Egg credit card to this MNBA. I regret this bitterly. High interest rates meant that i could not pay. Got them to freeze interest and got them to accept £60 per month. I have add this credit card in place for 3 years

 

I now what to offer both of them a full and final settlement of 10% of the debt owned.Can i do this without jeopardy to the Payment Plan in place?

 

Any advice would be very much appreciated

 

thanks

 

 

FIRST send the one quid each fees off for the CCA 's then post them up for us to look at

 

you cant realisticlly make a F * F offer until you know the strength or weakness of your position (and theirs)

Share this post


Link to post
Share on other sites

thank you so much diddydicky. I will do that first thing tomorrow. Sorry to bother but could u please provide a link to the CCA form pse

Share this post


Link to post
Share on other sites

Not to worry i will find it myself . I have been on this website since 10.00 oclock today trying to get advise

Share this post


Link to post
Share on other sites
Not to worry i will find it myself . I have been on this website since 10.00 oclock today trying to get advise

 

clkick on the debt section then look through the threads on that first page for letter templates

Share this post


Link to post
Share on other sites
Not to worry i will find it myself . I have been on this website since 10.00 oclock today trying to get advise

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Received the usual blah blah blah letter from Westcot today.

 

Have written back just to let them know account is in dispute, dont you think Tesco would tell them that before they go to the trouble of sending it to them????????

 

Katedog

Share this post


Link to post
Share on other sites

Hi everyone

 

got a response form Tesco saying the application form they sent me is an enforceable CCA blah blah blah pay up blah blah blah drafted this and would appreciate comments/advice.

 

Dear Sir/Madam

 

 

Thank you for your letter dated ////// 2009 the content of which has been noted.

You have stated in your letter that you have supplied me with a copy of the credit card agreement that I agreed to after I received the credit card. If you are referring to the photocopy which is headed “Apply for your Tesco card today” may I point out that this document, although it is a very poor quality copy, appears to be signed by me on /////// 2003. My records show that I received my credit card on or after /////// 2003.(three weeks later)

You also state that you have provided me with a copy of the terms and conditions of the card product with the prescribed terms.(i think they mean a set of T&Cs containing the prescribed terms) You should be aware that any agreement under the Consumer Credit Act 1974 must contain all the prescribed terms within a single document.

I am of the opinion that you are in breach of my request under s 78(1) to provide a copy of the alleged credit card agreement in as much as what you have supplied me with is an application form and not an agreement whether it be a true copy or an original copy.

The application form you have provided does not comply with s 61(1) of the Consumer Credit Act 1974 and the associated regulations for various reasons.

The reason your application form is not a credit card agreement is because, and not limited to, it does not contain within it the prescribed terms;

  • Credit limit. What it is or how it will be worked out.
  • Interest. The rate of interest chargeable for any outstanding balance.
  • Repayments. The amount and frequency of repayments.

Thus it is not properly executed and is therefore only enforceable by an order of the court by virtue of s 65 of the same act, and Consumer Credit (Agreements) Regulations 1983 Schedule 6:

However I draw your attention to Consumer Credit Act 1974 s127(3) which states “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)”.

It is the lack of a properly executed agreement that is a very clear dispute, not necessarily your response to my s78 request and it is for these reasons that I DISPUTE the alleged agreement.

I would also point out that on two separate occasions I have requested that you provide me with a true copy of the alleged Credit Card Agreement under the provisions of the Civil Procedures Rules ( Pre action protocols Part 31.16).

To date you have failed to do this.

It is now my understanding that this alleged agreement is only enforceable by an order of court. For a court to make that order you would have to produce to them a properly executed agreement compliant with the Consumer Credit Act 1974 signed by me.

It is also my understanding of the civil court system that both parties to a dispute should act reasonably and fairly to try to reach an agreement prior to court proceedings.

I do not think it unreasonable to ask to see a copy of the original credit agreement for the above account, if one exists as this will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

If such an agreement does not exist I would be grateful if you would confirm this and inform me if you intend to rely on the “application form” in any court proceedings.

As I have already stated in my previous correspondence I consider this alleged account to be in dispute and would remind you that as long as the dispute remains

* 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.

I look forward to your response and would invite you to propose a mutually acceptable remedy to this dispute.

You may wish to discuss this matter with your legal advisors before considering any further action.

If you fail to respond to this letter within 28 days it is my intention to apply to my local court for an order for disclosure under the provisions of the Civil Procedures Rules ( Pre action protocols)

Thanks

Katedog

Share this post


Link to post
Share on other sites

As tempted as you are to send the letter, I suggest you remove reference to you having the CC. It can be seen as an admission that the CCA was enforceable by the use of the card. See; Tragic case of Judgement because a cut up card was produced by MBNA at hearing. - The Consumer Forums


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites
As tempted as you are to send the letter, I suggest you remove reference to you having the CC. It can be seen as an admission that the CCA was enforceable by the use of the card. See; Tragic case of Judgement because a cut up card was produced by MBNA at hearing. - The Consumer Forums

 

Thakns for that

 

all references to card now removed.

 

awaiting any other words of wisdom

 

 

Katedog

Share this post


Link to post
Share on other sites

Hi all

 

this has now been handed to Moorcroft with the usual threatening letters and harrasing phone calls.

 

I have sent them the "this account is in dispute" letter and will keep you all posted.

 

katedog

Share this post


Link to post
Share on other sites

BUMP

 

Moorcroft have given up and I have now recieved a "final response" letter from Tesco which tells me they have complied with my CCA request and the account is not in dispute.

 

They tell me i can go to the FOS, but reading on here there seems little point.

 

QUESTION.

 

Should I take them to court (if so what for and how do i do it) or should I just sit back and see what they do next.

 

Are there any good threads I can read

Share this post


Link to post
Share on other sites

you said your credit rating was buggered up anyway, if i were you (in facft i AM you because i have a tesco card in the same position) i would just sit back and do absolutely nothing unless and until they issue proceedings against you

 

keep ALL letters and notices AND the envleopes they come in , espcially DN and TN.

 

i have to say that a TRUECALL is the icing on the cake- and makes dealing with these people almost a pleasure- no more phones calls from any of them or debt collectors - EVER!!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...