Tesco PF. No CCA. Whar next?

[katedog]

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 July 7, 2009 by katedog

[cerberusalert]

Have you read through why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement;

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

[peter1234]

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

 

more than i did

[katedog]

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

[katedog]

Have you read through why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement;

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

 

 

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.

[peter1234]

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

[katedog]

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.

[peter1234]

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

[diddydicky]

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

[katedog]

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??????????

[diddydicky]

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

[katedog]

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.

[Confession]

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

[diddydicky]

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)

[Confession]

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

[Confession]

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

[diddydicky]

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

[cerberusalert]

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

[katedog]

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

[katedog]

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

[cerberusalert]

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

[katedog]

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

[katedog]

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

[katedog]

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

[diddydicky]

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!!