Tesco Mastercard CCA

[solentshipwreck]

Hi all, am looking for some expert advise regarding the credit agreeement that Tesco personal finance have sent me regarding my CCA request. The account was opened in September 2002 and in reply to my request sent me the attached 'agreement', a photocopy of my completed application, a photocopy of my last statement plus two photocopies of terms and conditions leaflets (neither of which are personally linked to myself.

 

looking forward to your replies

 

regards

SSW

[solentshipwreck]

scanned agreement

Scan001.pdf

[alangee]

Hi ssw

 

On the face of it they appear to be valid. However, I have received similar copies, and have asked Tesco if they are "true" copies or whether it is a reconstituted document. They have replied by answering every question I did not ask, but ignored the one question I did ask. I then sent a complaint to their complaints department last August, and they have not bothered to reply. One further point on that document, are your details in a different font/typeface to the main body?

 

On my copy "agreement", my details seem to have been printed over the stamp "COPY", so it is my belief that all these "agreements" that have come to light recently are reconstituted. I have written asking them again - this time using CPUTR 2008 - to confirm or deny that they have a properly executed agreement, and am awaiting their reply.

 

I should add that I have an arrangement with them that I continue to honour.

 

Alan

[solentshipwreck]

thanks Alangee, looks like i need to send them a request using CPUTR 2008 this time.

[PriorityOne]

I can't see a space for you to sign.... is there one? Or is this doc. just a generic one from Tesco?

 

If you hang on a minute, I might even be able to my own question you because I recently challenged them myself.... back in a bit...

 

[PriorityOne]

scanned agreement

 

Ah yes.... as I suspected. This is not an Agreement and looks exactly the same as the one I got.... it's a typed up sheet of enforceable stuff (on the face of it) with your name and address added in a different typescript. If you look again, you'll notice.

 

Challenge them under CPUTR 2008, as you've already said and send by rec. delivery. They will probably skirt around the issue before passing it out to a DCA....

[solentshipwreck]

thanks priority one, I will challenge them using CPUTR 2008, and it does seem to be a copy and paste job, when i queried the agreement with them, this is the answer i got.....

 

'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 informationrelating to the borrower, nor does it need to include a signature box or dates of signatures.

 

I look forward to any additional advice that can be given,,

 

Will still send a request under CPUTR 2008 tho, is there a template letter on here?

Edited February 2, 2011 by solentshipwreck

[PriorityOne]

thanks priority one, I will challenge them using CPUTR 2008, and it does seem to be a copy and paste job, when i queried the agreement with them, this is the answer i got.....

 

'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 informationrelating to the borrower, nor does it need to include a signature box or dates of signatures.

 

I look forward to any additional advice that can be given,,

 

Will still send a request under CPUTR 1980 tho, is there a template letter on here?

 

They're trying to skirt around the issue of enforceability.... any mention of the 1983 regs. is normally a dead giveaway. It's true that they do not have to supply a copy of a signed Agreement in response to a s78 request but they'd need to produce it in court to re-enforce the account.

 

Suggested letter is below.... You don't need to go on about various bits of legislation at this stage; all you need is a straight confirmation or denial.

 

Thank you for your letter of xx/xx/xx in response to my legal request under the Consumer Credit Act 1974.

 

The documents you enclosed however appear to be an illegible copy of an application form, together with generic terms and conditions that do not form part of any legally binding Agreement. I would therefore be grateful if you could confirm whether you currently hold an original Consumer Credit Agreement pertaining to myself under the Consumer Protection from Unfair Trading Regulations (CPUTR, 2008) and if not, to kindly confirm so in your response.

 

By rec. delivery....

[solentshipwreck]

many thanks, will try to get the letter in the post A.S.A.P

[solentshipwreck]

ok an update,

 

sent letter (recorded delivery) asking whether they actually had an 'original copy' of the CCA, and received the attached letter today.

 

They have totally failed to answer my question under CPUTR 1980 and just saying they have fulfilled my CCA request and that they are seeking full settlement of the account.

 

Would be glad of any advice where to go next.

Scan002.pdf

[PriorityOne]

File and ignore until you get something else..... they won't answer you and have issued a "final response", which means that it'll now be passed to their in-house DCA who will contact you themselves hoping that you'll think the matter has been escalated.

 

[solentshipwreck]

thanks for the advice, will just sit and wait.

[solentshipwreck]

hi guys,

 

today have received a letter from Triton Credit Services (in house DCA) telling me that they are disappointed that i havent made an arrangement to pay what i owe and that they may have to consider further action, including requesting that a field agent is sent around to discuss and agree payment propsals,,,,

 

Of course they say they would prefer to not take this action and i can avoid it by calling them ( I think not)

 

Does anyone have any further advice?

[PriorityOne]

hi guys,

 

today have received a letter from Triton Credit Services (in house DCA) telling me that they are disappointed that i havent made an arrangement to pay what i owe and that they may have to consider further action, including requesting that a field agent is sent around to discuss and agree payment propsals,,,,

 

Of course they say they would prefer to not take this action and i can avoid it by calling them ( I think not)

 

Does anyone have any further advice?

 

This sounds like one of their template letters. Tesco have sent them the account, rather than give you a definitive answer under CPUTR.

 

So.... Send Triton the following by rec. delivery:

 

Dear Sir/Madam,

 

Your Ref. xxxxxx

 

I refer to your recent correspondence. In light of it's content, I enclose a copy of my letter to Tesco dated xx/xx/xx; requesting confirmation that they currently hold a legally enforceable Consumer Credit Agreement (Consumer Credit Act 1974) pertaining to myself, under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008.

 

As I have not yet received a reply and note that the account has instead been referred to yourselves, I now require Triton Credit Services (yourselves) to substantiate the same request with a definitive answer.

 

Please confirm whether you currently hold an original Consumer Credit Agreement pertaining to myself under the Consumer Protection from Unfair Trading Regulations (CPUTR, 2008-) and if not, to kindly confirm so in your response.

 

Yours faithfully,

[solentshipwreck]

many thanks yet again priorityone, i will print the letter off and send recorded delivery.

[solentshipwreck]

Hi guys, a letter received from Triton (in house DCA for RBS) telling me that Tesco Personal Finance have issued their final response and that further action will take place unless I make full payment withing 7 days. They havent made any attempt to answer my question with regards CPUTR 2008. Have attached a copy of the letter and am seeking any advice. Thanks in advance.

Scan003.pdf

[PriorityOne]

Their letter skirts around the issue by banging on about meeting their obligations under s.78 and not whether they have an Agreement, which is what you've asked them to clarify.

 

You can either write back and refer them to the letter you sent on xx/xx/xx... or just file this one away until/unless they send something else; probably from Green & Co.

 

[solentshipwreck]

thanks again priority one, will probably send them a letter telling them they are skirting around the issue and havent answered my question. Plus just add that the 'so called agreement' is reconstituted therefore its their legal duty (under CUPTR 2008) to inform me that a true copy of my CCA does actually exist (at this point it doesnt sound like it)

[solentshipwreck]

All was quiet over the past month until i received in the post on Saturday a letter from Triton on behalf of Tesco Personal Finance PLC regarding my tesco finest platinum card.

 

They have informed me that they are recomending that Tesco Personal Finance should instruct solicitors to commence court proceedings against me for recovery of the debt.

 

this may involve them getting a CCJ. If the debt remains unpaid the enforcement options open to them are as follows: -

 

1. The county court bailiff visits your home and takes away pocessions to sell off against the debt.

2. A charge is placed against your property or assets which would remain on the land registry records until the debt is paid

3. Your employer deducts monies from your salary or wages to set off against the debt.

4. You attend court and submit to a personal detailed examination, under oath, of your personal financial affairs before a senior officer of the court or District Judge

 

With regards the charging order against the property, they cant do this as the property i live at isnt owned by me.

 

I would like to add that the debt is under £5000 so am i correct in thinking that this effects what they can do in regarding the above?

 

I look forward to hearing any advice that can be forwarded in response to the above.

Edited April 17, 2011 by solentshipwreck

[PriorityOne]

All was quiet over the past month until i received in the post on Saturday a letter from Triton on behalf of Tesco Personal Finance PLC regarding my tesco finest platinum card.

 

They have informed me that they are recomending that Tesco Personal Finance should instruct solicitors to commence court proceedings against me for recovery of the debt.

 

this may involve them getting a CCJ. If the debt remains unpaid the enforcement options open to them are as follows: -

 

1. The county court bailiff visits your home and takes away pocessions to sell off against the debt.

2. A charge is placed against your property or assets which would remain on the land registry records until the debt is paid

3. Your employer deducts monies from your salary or wages to set off against the debt.

4. You attend court and submit to a personal detailed examination, under oath, of your personal financial affairs before a senior officer of the court or District Judge

 

With regards the charging order against the property, they cant do this as the property i live at isnt owned by me.

 

I would like to add that the debt is under £5000 so am i correct in thinking that this effects what they can do in regarding the above?

 

I look forward to hearing any advice that can be forwarded in response to the above.

 

This reads like a template response.... I've had one similar.

 

If you read it again, it doesn't say that they (Triton) are going to take legal action against you because they can't. The don't own the debt; they're only acting for Tesco..... so although they may "recommend" all sorts, they won't be the ones carrying it out.

 

I can't remember my response to Triton at this point but will dig it out later on this evening and post up a version for you.

 

;-)

[solentshipwreck]

thanks priotiry one, am most indebted to you for your help

[PriorityOne]

Ok.... here we go..... adapted to suit your circumstances.... Not sure why my number eights show as smilies, but hey-ho!

 

Dear Sir/Madam,

 

Your Ref: xxxxx

 

I do not acknowledge any debt to your company and refer you to my letter of xx/xx/xx; to which I have not yet had the courtesy of a reply.

 

I would like to think that this was due to some oversight on your part. However, should you now decide to recommend that your client "instruct solicitors to commence court proceedings" in defiance of their/your continued failure to confirm whether you do in fact hold an original,legally enforceable Consumer Credit Agreement pertaining to myself under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, that any subsequnt claim will be considered both unlawful and vexatious under The Consumer Credit Act 1974; sec 127 (3) and defended on a number of grounds. Any solicitors involved will be reported to the Solicitors' Regulatory Authority.

 

In the circumstances, your threat of legal action would seem to be in breach of CPUTR (2008) and the Office of Fair Trading Guidance on debt collection anyway and as such, any further demands for payment in the continued absence of written clarification under CPUTR (2008) will be forwarded to the relevant authorities without any further notice.

 

I await your considered response.

 

Yours faithfully,

 

By rec. delivery....

[solentshipwreck]

many thanks priority one, yet again! Will get it in the post today.

[solentshipwreck]

hi all,

 

As was predicted, have now received a letter from Green & Co. solicitors informing me that they have been instructed by their client, Triton Securities, to take legal action to recover the debt. I have 7 days to repay the debt or further action will be taken against me.

 

Any advice is much appreciated., thanks in advance

[PriorityOne]

Huff and bluff.... same letter to Green & co. now but adapted to suit, where necessary and sent by rec. delivery.

 

You should then get one back to say that they "have not yet received full instructions", they'll then pass the letter to Triton.... who will then give it back to Tesco to pass to someone else.

 

Ho hum....