1st ever post! AIC advice

[ABF77]

Hi all,

I hope I'm posting in the correct place!

 

I had a tesco CC and was paying my normal £50 p/m then I got made redundant early 2009, I could not pay the full amount so I offered them £40 until I get back on my feet.

 

They then passed this debt on to Triton and after many letters and sending them info on what I owe etc I paid them £40 per month even though they didnt like it.

 

Out of the blue I get a letter from Allied International Credit which I'm sure people are very familiar with, I havent the time to have 3 months of letters being sent from me and from them (like Triton) so I request a CCA with the usual £1 po.

They have replied that "we are acting on behalf of Tesco PF and are unable to comply with my request" they say the CCA request should be through them.

They still advise that I owe them money and I have to call them (no intention of doing that)

 

I will be happy to continue to pay off what I owe as I,m back in full time work however I,m not having any company try to bully me into anything.

 

Anyone know what the next step should be?

Should I pay AIC or Tesco or neither?

 

Thankyou.

[maroondevo52]

Hello and Welcome, ABF77.

 

I'll move this thread to the appropriate Forum, any charges you could re-claim ?

 

Regards.

 

Scott.

[ABF77]

Thanks Scott,

I have no idea about reclaiming charges

Andy

[Gerald Gardner]

Hi all,

I hope I'm posting in the correct place!

 

I had a tesco CC and was paying my normal £50 p/m then I got made redundant early 2009, I could not pay the full amount so I offered them £40 until I get back on my feet.

 

They then passed this debt on to Triton and after many letters and sending them info on what I owe etc I paid them £40 per month even though they didnt like it.

 

Out of the blue I get a letter from Allied International Credit which I'm sure people are very familiar with, I havent the time to have 3 months of letters being sent from me and from them (like Triton) so I request a CCA with the usual £1 po.

They have replied that "we are acting on behalf of Tesco PF and are unable to comply with my request" they say the CCA request should be through them.

They still advise that I owe them money and I have to call them (no intention of doing that)

 

I will be happy to continue to pay off what I owe as I,m back in full time work however I,m not having any company try to bully me into anything.

 

Anyone know what the next step should be?

Should I pay AIC or Tesco or neither?

 

Thankyou.

 

If they have said they are unable to comply with your request then you should now send them the failed to respond to my legal request letter and don't give them a penny.

[Gerald Gardner]

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* 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 reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[ABF77]

Thanks, thats some good information.

So I am within my rights to send the non compliance letter back to AIC, has my involvement with Tesco completely gone?

[maroondevo52]

Hi,

 

It's AIC's job to pass such requests onto the creditor, as well they know.

 

What happened to your £1 fee for the CCA ?

[Gerald Gardner]

Thanks, thats some good information.

So I am within my rights to send the non compliance letter back to AIC, has my involvement with Tesco completely gone?

 

The account is in default now as they have not complied with your request so until such time as they do aic have no right to process your data, they will have to return it to the original creditor.

[ABF77]

Hi,

They sent it back with a copy of my letter, their letter gives me the address for Tesco and say to contact them for CCA as they are only acting on behalf of them.

[Halibutt]

If AIC are collecting on behalf of Tesco, they should have the legal documents you requested.

 

As AIC are the people writing to you, then for now, correspond with them only. See how they reply to the letter template that Gerald posted.

 

Please note that the letter template has now changed after CAG users' advice. It should now read:

 

 

By Royal Mail Recorded Delivery

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 working days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you will be aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any

credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* 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 reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

[ABF77]

Thanks all for your advice,

I will action this letter asap and see what happens.

 

Sorry to be thick but I,ve never actually posted anything before apart from a few comment on Sky news website! can I continue this post at a later date or do i need to start again?

Andy

[Halibutt]

Continue here Andy. Just bookmark this page.

 

Good luck mate.

[sleepingdog]

Hi ABF77, from your first few posts you wanted to know which of the companies to pay. If you are happy to pay someone then I would pay tesco as they still own the debt and who knows they may take the account back from the DCA if they get regular amounts in and the DCAs are receiving nothing.

By the way I have been in debt many years now and dealt with most of the usual DCAs and CC companies and have found Tesco CC to have been one of the better ones to deal with and even now I am only paying them a small sum each month and they accept that quite well.

sleepingdog

[ABF77]

Thanks Sleepingdog, so I was just about to send the letter above to AIC as they didnt comply with my CCA request, should I approach Tesco then with a CCA or just payment?

 

I dont want to get rid of the debt ( its a couple of grand,well it would be nice!)

If I send the letter above to AIC and they simply reject it or then pass this onto another company i,m back in the same position as the start and all this letter writing wont make the debt go away.

 

So letter or just pay tesco? (thats monthly payments not the full amount)

Andy