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Dear All,
Thank you for all your invaluable advice to date.
I now have new dilemma with regard to Tesco Credit Card - please help as I don’t know whether to ignore or reply to this one? I had responded to the CCA using a template found elsewhere as I hadn’t found the AAD forum yet and I believed what Tesco had sent me was unsuitable and did not constitute a proper agreement from which I could assess my position and liablities.
Name Tesco
Type of Account Credit Card
Date Commenced Nov 2002
Date Defaulted March 2022
Approx Balance £8,764
Account Owner Tesco
Arrangement/Not paying Not paying
Last Date paid March 2022
1. 6 June 2022 - CCA sent
2. 22 June 2022 - Tesco returned the photocopy of the original agreement with T and Cs that are square, not part of agreement and not integral to the peel and stick format which would have the address on the reverse and postage details. (this form was given to me at the supermarket).
3. 26 June 2022 - Sent reply declaring that the agreement was unenforceable a copy of a reply found on the consumer action forum
Dear Sirs,
Account no xxxxxxxxxxxxxx
Re: my request under the Consumer Credit Act 1974
This account is in Dispute .
On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.
In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.
The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document
Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states
127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).
This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.
In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection
The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states
2.6 Examples of unfair practices are as follows:
h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40
Since the agreement is unenforceable and the default notice is non-compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt at litigation will be vigorously defended and I will counterclaim for all quantifiable damages
I respectfully request a response to this letter in 14 days
I trust this outlines the situation
Yours,
4. 2 August 2022 - Tesco sent a virtually identical to their response Tesco application form.pdf of the 22 June -letter (attached) Please advise me as to how you think I should proceed at this point.
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