Tesco Visa no CCA £9K written off!

[smartmartian10]

No not yet Josie, I have Data issues with another that I am pursuing. Tesco is next shall we say.

[paul26may]

GULP!

[Goldlady]

Just found this thread as I am about to send CCA request to Tesco. I have read other threads where they have started to argue that application forms are valid CCAs but it is worth a try;). Wish me luck.

[smartmartian10]

Wish you every luck Goldlady.

[Goldlady]

Thanks Smartmartian. Mine is slightly more than yours:eek:. Think it is called irresponsible lending - upping my credit limit by £2k at a time when all I was making was the minimum payment. We shall see what happens.

[WormHasTurned]

I got back a BLANK application form and Terms and Conditions in response to my CCA request. And is was reduced several times on their photocopier so it is illegible.

 

Will be writing back asking for a legible copy once the postal strike is over.

 

I guess they've changed their tactics.

 

Some people are getting copies of completed application forms - so I'm not sure of the reason I only get a blank one - Hardly worth the £1 fee! -

 

About the only thing I could make out was the Crystal Mark from the Plain English Campaign, which I believe wants all fonts to be 12 pt but certainly no less that 10 pt. My document is just a blur

[Cornucopia]

I got back a BLANK application form and Terms and Conditions in response to my CCA request. And is was reduced several times on their photocopier so it is illegible.

 

Will be writing back asking for a legible copy once the postal strike is over.

 

I guess they've changed their tactics.

 

Some people are getting copies of completed application forms - so I'm not sure of the reason I only get a blank one - Hardly worth the £1 fee! -

 

About the only thing I could make out was the Crystal Mark from the Plain English Campaign, which I believe wants all fonts to be 12 pt but certainly no less that 10 pt. My document is just a blur

 

You absolutely must insist on seeing a copy of the signature document, remember there is absolutely no use in them providing you with a BLANK form, what is that all about? They would be laughed out of the courtroom! I suggest you keep that copy safe and sound! I personally feel it is well worth the £1.00 fee - how stupid can they be????

 

The thing is, they will be aware of the postings on various consumer websites and the ensuing publicity such as has happened in the OP's case. Therefore, they are going to have to try it on, aren't they?

 

The answer is not to lose your nerve.

 

Regards,

 

Cornucopia

[Cornucopia]

I got back a BLANK application form and Terms and Conditions in response to my CCA request. And is was reduced several times on their photocopier so it is illegible.

 

Will be writing back asking for a legible copy once the postal strike is over.

 

I guess they've changed their tactics.

 

Some people are getting copies of completed application forms - so I'm not sure of the reason I only get a blank one - Hardly worth the £1 fee! -

 

About the only thing I could make out was the Crystal Mark from the Plain English Campaign, which I believe wants all fonts to be 12 pt but certainly no less that 10 pt. My document is just a blur

 

Also, could you clarify, when you say people are being sent completed application forms, can I assume you mean completed by the applicant, rather than the bank?

 

Sorry if this seems a very daft question, but I wouldn't put it past them..............

[WormHasTurned]

Yes, completed by the applicant.

 

I got exactly the same Tesco letter as the person in this thread, but they got a copy of their application form (which they posted on the thread with personal bits blanked out) and I just got, well, a blank one :? .

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/114508-tesco-credit-card-triton.html

[Cornucopia]

Yes, completed by the applicant.

 

I got exactly the same Tesco letter as the person in this thread, but they got a copy of their application form (which they posted on the thread with personal bits blanked out) and I just got, well, a blank one :? .

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/114508-tesco-credit-card-triton.html

 

Well it is quite clear they don't actually have the required document (and I have looked at the thread above and the application form provided which is wholly unenforceable), therefore I would tell them that you are going to file at court to have the blank agreement declared unenforceable.

 

You could ask them to provide you with the documents they intend to rely on it court, were they to attempt to enforce this so-called application form, and you can quote the Civil Procedure Rules : Pre Action Protocol 4.6.

 

Sounds like you are onto a winner here!

 

Good luck!

[smartmartian10]

Worm - What date was your account opened?

[WormHasTurned]

I think it must have been taken out in 2000 or maybe late 1999. The blank application has in a big balloon '4.9% APR fixed until 1 January 2001'

 

I was defaulted about a year ago, interest has been frozen and I'm paying an agreed £1 per month which they now want to review.

[smartmartian10]

About the same time as mine then interesting.

[Goldlady]

Worm - same situation as me - except I think my agreement (if they find it) is even older than that.

[Goldlady]

Update on mine - sent CCA request and they have sent me a 'true copy' which shows the credit limit as 10K (it was about £1K when the agreement commenced about 15 years ago) a set of t&cs from 09/07 and the latest statement. The 'true copy' has no signatures by either party nor is it dated. Apparently they have complied. I know I have seen posts elsewhere on here about their arguments about this being valid if anyone can suggest what I do now:)

[chris2008a]

Hi

 

This is my 1st post on here. I have read through allot of the threads on here re the CCA requests. I would just like to say thanks for all the great info!!! Anyway, I too, have sent of some CCA requests to 5 of my credit cards, and 1 of my loans. I have kept a diary of everything if you would like me to put it up here? To date i have had egg respond with the original document that i signed, so no luck there.

 

BUT this morning to my delight i received a letter from Moorcroft debt recovery RE my lloyds loan of about 8.5k basically saying that they cannot find the agreement at the mo, and the account is on hold, and they do not wish to seek enforcement untill they find the agreement! What can i do from here? I was thinking of writing a letter back asking them to write off the debt, but don't know how to word it? Does anyone have a template etc that i could use? This is the letter they sent me:

 

Dear mr......sdfgdshfdfhdfgh

 

I refer to your recent correspondence. We are continuing to seek to obtain a copy of the consumer credit agreement that you have requested. Our systems provide for reviews to be sent to our client on a regular basis and this we are continuing to do. I will contact you again just as soon as the agreement has been made available to ourselves and confirm that at this stage the accound has been placed on hold, and that we will not seek to enforce the debt untill such time as the agreement is obtained.

 

In the meantime however we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigiation. Please could you give an indicationof the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

 

Please could you provide this information by return. We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

 

I thank you blah blah blah, end of letter

 

What do you guys think, sorry for the long post...

 

Regards

 

Chris

[noomill060]

chris, no need to do anything. You've won.

[paulwlton]

chris, no need to do anything. You've won.

 

That's incorrect, if, Lloyds locate the agreement then enforcement will continue. I have known creditors forward agreements up 12 months after a CCA request.

[noomill060]

I was meaning that there is no need for chris2008a to write to anyone, as the ball is now clearly in Moorcroft's court.

[smartmartian10]

Good news Chris. Best thing to do now is sit back and do nothing. Keep a low profile and give them no reason to look any more for the paperwork. Six years after the last payment you made, it all becomes unenforceable due to statutes of limitation.

 

If they find a credit agreement, as Paul said, they can still seek enforcement. The sum is large (8.5K) you can bet they have already looked in all the places it should have been filed and not found it. Always a chance they might find it somewhere else, but given they don't know where it is, must be a good chance they will never find it.

 

Thats assuming you signed something in the first place! Do you recall signing anything?

[chrisb333]

I wrote to Tesco Visa on the 12th February 2007 and requested the credit agreement in accordance with the Consumer Credit Act 1974.

 

They replied on the 3rd April 2007, first letter back, nothing in between.

 

"As I am unable to provide you with a copy agreement at the date the card agreement was made and a copy of the current terms of the card agreement, as an exceptional matter and in line with the Consumer Credit Act requirements, the current balance of £9K has been discharged and is no longer obligatory."

 

Signed by Senior CRA Officer

 

 

Does this still work?

I have a debt with Tesco and I'm pretty sure they wouldn't have the agreement.

Is it worht a go?

[smartmartian10]

It will cost you the price of a stamp and £1 to request a copy of the credit agreement. Without they are stuffed.

 

Send the letter now!

[jpcurrie]

Hi there

 

Where would i find a template for a CCA request?

 

Thanks!

[Goldlady]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Letter N from the above

[jpcurrie]

Thanks for replying to me so quickly, appreciated! Another quick question i have 2 big debts with the Bank Of Scotland taking out in 2001, due to unforseen circumstances i had to pass my debt to payplan.The debt is now with a DCA so do i send the CCA request to them or the bank of scotland? Any advice appreciated!

 

Thanks