Tesco CCA - 2001...enforcable??

[moneymummy1]

thanks for the template letter, have amended it to suit and will post it off recorded as soon as I can get out!! snowed in at the mo

[moneymummy1]

update:

response from Tesco:

"regarding your recent letter concerning the banks alleged breach of the cca I would advise you of the following:

Any request for a copy of an executed agreement under s78(1) states that the company must meet its statutory requirements by providing a true copy of the agreement relevant to the card product at the date the card agreement was made, plus a copy of the terms of the card product. These copies should be accompanied by the statement of the financial info relating to the account.

When responding to requests under S78 we are compliant if we provide a 'true copy' of the agreement in accordance with regulations 3(2) and 7(1) (B) of the consumer credit (cancellation notices and copies of documents) regulations 1983. This means that there is no obligation for us to provide a copy of the original agreement bearing signatures. Additionally, under regulation 3(2) a 'true copy' does not need to contain all personal information relating to the borrower, not does it need to include a signature box or dates of signatures.

we have supplied a copy of the credit card agreement that you agreed to after which you then received your credit card. we have also supplied a copy of the original and current terms and conditions of that card productwith the prescribed terms and a statement showing the outstanding balance. we have advised you who you need to contact to discuss amounts due and owing, and future payments that must be paid. we have therefore met our obligations under s78(1) to provide a copy of the executed agreement and again we are satisfied that what was provided complies with the regulations expressly made for controlling what is a 'true copy'

I must therefore inform you that we see no reason to enter into further correspondence with you about alleged CCA breaches. If you are not satisfied with this responsse you may seek whatever legal redress you consider open to you.

We do not consider this account to be in dispute and your indebtedness on this account remains due and payable and we will continue to purue for repayments as they fall due. Any non payments of the account will be recorded on your credit file as will a default if non payment continues.

I suggest you take advise from CAB or similar blah blah blah..."

 

this was dated 11th Jan (only just had chance to get it on here) and on 22nd jan Triton sent me a letter - the account has been placed with them and I should forward a cheque for the full amount or ue a debit or credit card to pay...basically the same as mint have issued via triton to me.

 

im not sure what the next step is and need help please!

[MandM]

Have they also sent a set of the original T & Cs or just the current ones?

 

M

[Huff&Puff]

While they may not think the account is in dispute, everyone who matters would, such as the OFT or a district judge

 

You can tell them to put up or shut up and invite them to take you to court, or you can just ignore them.

[moneymummy1]

cant see any dates...

with my cca they sent a photocopy of the terms and conditions along with my application form - as posted on page one of this thread. dont really know what to look for - confused.

[MandM]

I can't see that their letter changes anything that's been previously suggested. I think Huff&Puffs response is very fitting of their efforts and i'd say the same.

 

Cannot read the T&Cs as i'm on a small screen and the print is tiny in your pics. But having a quick read back then that's not the issue here anyway.

 

Bog off letter (if anything at all)

 

M

 

M

[angry cat]

The only way that you will be able to ascertain as to whether the terms supplied are actually the inception terms, is of you to check the interest rate on initial statements and see if they match.

 

In any event Tesco are only talking about compliance with s78 and not about issues relating to enforceability!

[BornAgainBiker]

Hi, i've got a tesco cca i'd like somebody to give me 2nd opinion on.

 

however, having trouble getting a copy onto this thread. i scanned the document then copied it to ms paint to black out the account details. i then copied it to back to ms word doc and cant seem to get any furtther than this. can someone give me advice, thanks

[MandM]

Hi, i've got a tesco cca i'd like somebody to give me 2nd opinion on.

 

however, having trouble getting a copy onto this thread. i scanned the document then copied it to ms paint to black out the account details. i then copied it to back to ms word doc and cant seem to get any furtther than this. can someone give me advice, thanks

 

After you've scanned it upload it into PhotoBucket (google it) and make your changes there. Then you can upload it from PhotoBucket.

 

M

[BornAgainBiker]

making a mess of uploading from photobucket. am i trying to upload the actual copy from photobucket of a link to the file. thanks

[MandM]

making a mess of uploading from photobucket. am i trying to upload the actual copy from photobucket of a link to the file. thanks

 

Once you have it in PB you will see that a little box pops up when you view the picture. If you click in the IMG box it will flash up as 'copied'. If not, then copy that link. Then paste it into a post on here.

 

M

[BornAgainBiker]

 

 

if the above links or images are now viewable, i should be pleased if somebody would kindly give me a 2nd opinion as to their validity. many thanks. BAB

[BornAgainBiker]

hooray, it worked, credit to you MandM, many thanks BAB

[Huff&Puff]

Hi BAB, I'm sorry to say that all the prescribed terms seem to be there, so that one is probably enforceable. Did you get a default notice? If so, post that up.

[BornAgainBiker]

Cheers H&P, as i suspected. theres no default notice, it hasnt gone that far. i thought i'd try to agree repayment terms with them as they have a valid agreement. would this not be the best approach? BAB

[MandM]

hooray, it worked, credit to you MandM, many thanks BAB

 

anytime

 

M