Tesco Mastercard CCA

[PriorityOne]

Having trouble editing/posting tonight.

 

Wanted to say.... head the letter to Green & co. with the word "Complaint"....

 

[solentshipwreck]

Thanks priority one once again. I will make appropriate changes to the letter and post it off tomorrow, again by recorded delivery

[solentshipwreck]

this is my response to Green & Co solicitors, being posted today by recorded delivery: -

I am writing in response to your letter dated 26th April 2011, which I received today, and respond as follows: -

I do not acknowledge any debt to your client and refer you to my letter of 10/03/11; to which I have not yet had the courtesy of a reply. I have enclosed a copy of the letter herein.

 

I would like to think that this was due to some oversight on your client’s part. However, I am rather surprised that Triton credit services have instructed you to commence court proceedings in defiance of their continued failure to confirm whether they 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 subsequent claim will be considered both unlawful and vexatious under The Consumer Credit Act 1974; sec 127 (3) and defended on a number of grounds. If you do decide to take legal action you 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,

[PriorityOne]

That looks fine....

 

I'm assuming that they'll take a similar course of action re. passing the account back now. As Triton are only agents, there's not a lot that Green & co. can do without the say-so of Tesco.... so let's see what happens. Mine ended up with Moorcroft, so you might be lucky like that too.... lol!

[solentshipwreck]

hi there, a bit of a twist, but i guess i wont take action from now. Have received a letter from Tesco Personal Finance, informing me they have looked into my complaint and apologise for not replying to my letter dated 10th March 2011. The reason for not replying is due to the fact that they have given me their final response. They stated that they had complied with Section 1 of the CCA act 1974 and therefore I was liable for the debt. The account was not in dispute in their eyes and the only way they would accept a dipute if i was querying the balance of the account. They also informed me that if I wasnt happy with their response then I had the right to complain to the Financial Ombudsman Service. They enclosed copies of all correspondence they have sent me plus a FOS leaflet telling me how to complain etc.There was no mention of CPUTR Act 2008 at all in there correspondence so I guess they are just trying to justyfy to themselves the action they are taking. I guess I dont respond to them, but should I make a complaint to the FOS?

 

I welcome any thoughts on this.

[PriorityOne]

This is a template response; I have one similar and they are right in the sense that they've complied with a s78.... What they haven't said is that what they've sent is unenforceable courtesy of sec. 127 (3). I wouldn't complain at the moment... the FOS are pretty spineless and will see that Tesco have complied anyway.

 

File away for now.... and see what comes back from Greens

[solentshipwreck]

thanks again priority one, the letter from Tesco is filed appropriately, will now sit and wait and see what Greens come up with

[solentshipwreck]

Just an update, have today received a letter from Green & Co. informing me that they have taken note of my letter and their 'client' has requested thet they will respond to me directly. The client has also alsked them to close they file on me and I will hear from their client direct. Of course in the meantime I can call Triton Credit Services direct to discuss matters (as if i would)

 

So now I will sit and wait to see what their next game plan will be .....

[PriorityOne]

Or in other words, Tesco will now pass it to someone else.....

 

[solentshipwreck]

I have today received a letter from Westcot credit services headed 'Final Notice'

 

It informs me that I havent responded to their previous correspondence (thats odd, maybe its becasue they havent sent any?)

And their latest enquiries have confirmed that I am resident at the address that they have written to me at (Wow arent they clever?)

They also go on to state that unless I make full payment of the £4K + that I owe withing 10 days then futher collection activity will be taken to recover the full outstanding balance.

 

They go on to tell me not to ignore the letter as this could result in further action being taken to recover the debt, which may include,

 

1. Either them or their client taking legal action against me through the courts (I think this maybe thrown out as the their client are in breach of CPUTR 2008) If legal proceedings are issued and a judgement or decree is obtained against me then the court costs and legal fees could increase the amount i owe.

 

2. Referring my debt to a Door Step DCA to carry out a Collections Visit to my home (Oh dear i am out of teabags so cant give them a cuppa)

 

then in a pretty red writing...... aww bless them

 

it is very important that Itake IIMEDIATE action to resolve this issue (are they psyhchic and telling me to get the teabags in?) and i can do this by calling them on phone 7 days a week ( wonder if they can help me with todays crossword?) wiritng to them or making payment on their website.

 

Obviously i will reply in due course, in wiritng, and welcome any pointers people may have to what i shall include!

 

regards

[PriorityOne]

Well Triton have passed it back, so Green & co are no more....

 

You now have a new set of muppets to deal with. I haven't dealt with this particular bunch myself but imagine they're much the same as any other lot. I would draft up a response for you but I've had a tough day at work today and am brain-dead.... lol. If you need some help with this, please bump the thread at the weekend and I'll draft up something for you then On the other hand, you could just file this one and wait for the next..... it makes no difference; they can't do much...

 

Tesco are a tenacious bunch.... they set Brian Carter on me recently but he has since scuttled off. I'm waiting to see who's next.... could be Westcot..

[solentshipwreck]

Hi Priorityone, I will write a reply to Westcot then post it here. I think its gonna point out a few things to them regarding their clients actions (or lack of lol) and explaining how the account is formally in dispute :0)

 

plus of course point out that if they do go down the 'court route that i would defend the action and report them to the relevent authorities for harrassment

[solentshipwreck]

ok here is my response, that I am dispatching to westcot today by recorded delivery, naturally.

Dear Sirs,

 

 

I acknowledge receipt of your letter dated 6th June 2011 that I received on the 9th June 2011 and have noted its contents.

I would like to point out that in the letter you state that I have neglected to reply to your previous correspondence. Surely this is incorrect as this is the first correspondence that I have received from your company in connection with the above referenced account.

I would like to point out that the account is in serious dispute as your client have failed to respond fully to my request for a true copy of my Credit agreement under the CCA act. All that was posted to me was an illegible copy of an application form plus a so called credit agreement that did not contain all the relevant prescribed terms and conditions. Your client has also ignored my subsequent request under CUPTR 1980 to confirm that they do in fact have the original copy of the credit agreement. This of course would be required should you or your client decides to take legal action against myself.

Until your client supplies me with the ‘true copy’ to myself then this account will remain in serious dispute.

I would also add that if you were to go ahead with your possible threat of legal action that this would be in breach of CPUTR 1980 regulations and also against guidelines on debt collection made by the Office of fair trading. I would defend any action and report both you and your client to the relevant authorities.

I would also like to respond to your possible threat of referring the debt to a Door Step Collection Agent and that you should be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. I am giving you notice, that any attempts to call at my home address will be reported as trespass to the local police.

 

In case you were not aware; there is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. I respectfully suggest you familiarise yourself with case law prior to attending my property , in particular pay attention to Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.

 

So, to summarise; I, ********,revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance and a claim for compensation for your continual harassment.

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and the account has been passed back to your client. Any further threats will be averred, unlawful and vexatious with a counter claim forthcoming.

 

Yours faithfully

[PriorityOne]

Ok.... here's one of mine; edited to suit your circumstances (hopefully)..... there are a few discrepancies in yours but if you've already sent it, don't worry.

 

Dear Sir/Madam,

 

I do not acknowledge any debt to your company.

 

In fact, I am somewhat bemused by your letter of 6th June 2011, the implications contained therein and the plethora of agents who have tried to involve themselves in this matter to date.

 

For the avoidance of doubt, a legal request was made to your client’s first set of agents (by recorded delivery) under The Consumer Credit Act 1974 way back on xx/xx/xx. The only response received from those agents however was a partly legible application form sent via their clients with no prescribed terms, APR and/or credit limit and with generic terms and conditions that were not part of any signature document pertaining to myself at all.

 

Despite numerous attempts to resolve this matter in light of the continued and complete absence of any enforceable documentation from any clients, agents, client's clients and/or client’s agents to date, I remain concerned over persistent attempts by various client’s agents to continue pursuing payment on an unsubstantiated debt in defiance of OFT and CPUTR, 2008. I can only assume that your client has either failed to inform you of the facts surrounding this matter or, that you have chosen to ignore them.

 

Under the circumstances, should you continue to pursue payment in the continued absence of any enforceable documentation from anyone at all and/or fail to confirm upon request whether you, your client (Tesco Personal Finance) currently hold or have ever held a properly executed Consumer Credit Agreement (Consumer Credit Act, 1974) in your/their possession under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, then you and your clients will be falling foul of ss.5(2), 3(b), 6 and 7 and your/their activities will be added to existing complaints without any further notice.

 

Please therefore take note that this letter serves as an additional formal request under the Consumer Protection from Unfair Trading Regulations (CPUTR), 2008 for written confirmation as to whether your company; Wescot Credit Services or Tesco Personal Finance currently hold or have ever held a properly executed Consumer Credit Agreement in your/their possession pertaining to myself and if not, to kindly confirm so in writing.

 

At this point, I would also draw your attention to the content of the Data Protection Act 1998, the substance of which should clarify your current position, future conduct and direction regarding my personal data at this time.

 

Please note that any attempts by you, your client and/or any more of your client’s agents to try and secure a County Court Judgement will be vigorously defended on a number of grounds, including the continued absence of a properly executed Consumer Credit Agreement (Consumer Credit Act 1974; sec 127 (3).

 

I trust that the content of this letter clarifies my current position and that of your company and respectfully suggest that you now liaise with your client directly.

 

Yours faithfully,

[solentshipwreck]

thanks for your input once again, priority one, your letter is way more superior to mine, but sadly i had already dispatched mine. will see the outcome in due course lol

[solentshipwreck]

have received this week a reply from westcot telling me that in light of my correspondence that they have investigated my complaint and returned the account to their client and removed all my data from their files.

 

looks like a result, now lets see what happens next

[PriorityOne]

have received this week a reply from westcot telling me that in light of my correspondence that they have investigated my complaint and returned the account to their client and removed all my data from their files.

 

looks like a result, now lets see what happens next

 

[helle]

Hi there!

I am new to all this but have been reading your thread with great interest.

 

I am planning on writing a cca to apex who took over my egg credit card debt in 2009. I took the credit card out in 2003. Apex have become increasingly determined to squeeze more and more money out of me with demanding calls every 3 months! I often give in and offer a bit more i am now on maternity leave and can't afford my previous payments.

Reading your thread and the amazing PriorityOne has spurred me on to request a cca and see where it takes me. I have been in default since 2009 so seems like i don't have much to lose.

Please can you advise me on what initial letter to write?

Kind regards and well done with your battle!

Helle

[BRIGADIER2JCS]

Hi Welcome to CAG the CCA request letter is

in the CAG library green tab top left of this page,

amend to suit, do you need any further help??

 

 

 

 

,

[helle]

Hiya thanks

I am sending the cca to a dca so do I omit the whole paragraph below where it says "delete below if you ae sendind to the origional creditor....."

I am going to send it off tomorrow. What do you think the ontcome will be, have you had any dealings with Apex before?

Helle

Ps do you think I should start my own thread?

[BRIGADIER2JCS]

Yes & YES, and unpredictable.

[helle]

Thanks again.

[helle]

Says I can't start a new thread till I have made 10 posts. Any advice?

[helle]

Oh sorry done it!! Just had to remove links

[solentshipwreck]

just when things had gone quiet........ (well with christmas coming up I guess they need as much money as they can,,,, lol)

 

I heard from Robinson way that they had been requested to collect on behalf of Tesco Credit Card, informing me that they were acting on behalf of Tesco Credit Card and were instructed to collect the outstanding balance.

 

I replied telling them the account was in serious dispute as Tesco had not responded with my request for a true copy of my credit agreement or my request under CPUTR 2008 as to whether they had actually got a copy.

 

Robinson Way informed me that tesco Credit Card had given me their final response and had abided with my CCA request in giving me the required information and that I am required to pay.

 

I subsequently replied to Robinson Way that what Tesco had sent me was not the original copy, and did not contain all the required terms and conditions that the act required plus they had not answered the fact (under CPUTR 2008) that they actually hold the original copy of the credit agreement.

 

Today I have received a letter from Robinson Way telling me that Tesco had given me the option to complain to the FOS and that they maintain that they have fully complied with my CCA request. Unless I had raised a complaint with the Financial Ombudsman Service (they want a ref no within 14 days) that I am required to make payment.

 

I am looking for advice on how I should now continue with this (obviously the CPUTR 2008 regs are being totally ignored) I look forward to any replies in due course. Thanks in advance and Happy New Year