cheers diddy Cant see them enforcing as they cant win, i have a copy of there 2002 t&c s whcih came with the application, the application had no limit and no rates and neither does the t&c s. think i will just have to sit back and wait til they sell it for 20p in the £ and start all over again (wish they would sell it to me at that rate i'd snap their fingers off)

BUMP Moorcroft have given up and I have now recieved a "final response" letter from Tesco which tells me they have complied with my CCA request and the account is not in dispute. They tell me i can go to the FOS, but reading on here there seems little point. QUESTION. Should I take them to court (if so what for and how do i do it) or should I just sit back and see what they do next. Are there any good threads I can read

Hi all this has now been handed to Moorcroft with the usual threatening letters and harrasing phone calls. I have sent them the "this account is in dispute" letter and will keep you all posted. katedog

hi nilrs i am in the exactley same spot asyou. got the we're taking you to court letter form morecrap, i've sent them the account is in dispute leave me alone letter, the telephone calls are at the rate of 4 to six a day. i just pick upand let them waste there time and phone bill. if they could take us to court dont you think they would have by now?????????? good luck and keep us all posted. katedog

Hi all Got a phone call from FOS. After telling them this is an old Goldfish taken over by Barclayshark and then sold to a DCA they have told me that they believe Barclays are acting fairly and wont tell them to credit the money back to me. Anybody got any idea what, if anything, else i can do. Katedog

Just come back of my holidays. The latest is the FOS have been trying to contact me since they got my complaint, wabt a bit more deatil apparentley. Will keep you informed.

There is an arguement that you shouldn't go for refund of charges if your going for unenforceable. They say it should be one or the other I think it should be unenforceable first, then refund of charges, or you could try "seen as how your cca is unenforcable and you owe me £X in charges why dont we call it quits and you can learn form you mistakes but if you want to take me to court withpout a cca then everything you let me have is a gift and all the payments i ever made including alleged purchases interest and charges can be given back to me thank you very much" Only a thought and i'm sure some one will say something else. Katedog

Any advice re this would be helpful. I'm in a similar boat where Barclayshark have now paid refunded charges to a DCA even though the account is sold to DCA and is now disputed (there is no cca) I sent Barclayshark loads of letters telling them they couldnt and are breaching data protection etc but they paid it anyway. I've sent a complaint to FOS but got no reply yet, so any legal arguements would be appreciated. KAtedog.

Hi Activist Personaly i would not put in the bit about the fnf offer at this stage No expert but everyone i've read advises not to admit any liability at any stage. I intend to try to negotiate a fnf at some stage but let them sweat for a bit first. When you go into battle dont let your enemy know your stratergy too early (or at all) or they will know how to attack you. I would advise send the letter and dispute the whole debt when they write back sayiny you owe it pay up then send them a "without prejudice" letter offering them 15-20% or something well bellow what you can afford to pay and see what you get. Or send the first part of your letter then just sit back and do nothing I've yet to see someone taken to court on these forums with a cca like ours. Katedog.

no it was for charges. fos form very easy to do just fill in the boxes and expalin in simple terms what your point is, ie they charged me x amount of pounds and i dont think they can justify charging x amount for doing nothing other than pressing a few keys on a PC. katedog

thanks sfu cancelled my DD with egg and they sent me an email asking what was going on, have sent an amended version of the above letter and an SAR, thought the charges may give me even more amo come the glorious day. will keep you posted katedog

Sounds to me like you've got them worried i would agree with others that you dont need to do anything, i would advise that you compalin to everyone you can think of fos oft etc. my egg thread is upto date if you want a look. Katedog

Katedog. £1500 v Crapitol One. 0 Cant believe how easy it was, only sent one request whcih they said "no chance blah blah blah. Sent it to FOS who said it could take some time then in less than a month got offer of full amount and interest. This pays off the balance and leaves enough to pay off another card and a small donation to this site. This was for credit card charges. Thankyou CAG for your help and guidance. Katedog.

Hi cc did they write and tell you? Katedog.

My fingers are crossed for you s.g please keep us updated dont just drop off the radar like so many do! katedog

In that case I have not had a default notice, and had not had a deafult on the account as yet................

i have never had a default to the best of my knowledge but their last letter says they have now registered a default due to my non-payment i only didnt pay because they didnt respond to my cca request so i guess the default isnt properly done. katedog.

hi can i ask have you sent your court papers in yet? Katedog.

Thakns for that all references to card now removed. awaiting any other words of wisdom Katedog

Hi all Dont tell anyone but still no cca from aktiv, still no threats , still no DN, still nothing. Will keep you posted. Katedog.

Hi all still quite new to this, CCA'd tesco and got an application form signed by me. it had no prescribed terms on it at all. Have now disputed this and sent a request under cpr part 31.16 (i hope that was right) they replied syaing that is your agreement and its all your getting, we're going to destroy your credit rating. but they have not said there taking me to court because they know they cant what do i now do under cpr to get them to send me the cca I know they havent got or do i have to wait for them to take me to court first can i apply to court for them to produce it first or do i apply to court to make a ruling on the enforceability of the application form please look at my thread http://www.consumeractiongroup.co.uk/forum/general-debt-issues/207916-tesco-pf-no-cca.html any help/comments appreciated. Katedog.

Hi everyone got a response form Tesco saying the application form they sent me is an enforceable CCA blah blah blah pay up blah blah blah drafted this and would appreciate comments/advice. Dear Sir/Madam Thank you for your letter dated ////// 2009 the content of which has been noted. You have stated in your letter that you have supplied me with a copy of the credit card agreement that I agreed to after I received the credit card. If you are referring to the photocopy which is headed “Apply for your Tesco card today” may I point out that this document, although it is a very poor quality copy, appears to be signed by me on /////// 2003. My records show that I received my credit card on or after /////// 2003.(three weeks later) You also state that you have provided me with a copy of the terms and conditions of the card product with the prescribed terms.(i think they mean a set of T&Cs containing the prescribed terms) You should be aware that any agreement under the Consumer Credit Act 1974 must contain all the prescribed terms within a single document. I am of the opinion that you are in breach of my request under s 78(1) to provide a copy of the alleged credit card agreement in as much as what you have supplied me with is an application form and not an agreement whether it be a true copy or an original copy. The application form you have provided does not comply with s 61(1) of the Consumer Credit Act 1974 and the associated regulations for various reasons. The reason your application form is not a credit card agreement is because, and not limited to, it does not contain within it the prescribed terms; Credit limit. What it is or how it will be worked out. Interest. The rate of interest chargeable for any outstanding balance. Repayments. The amount and frequency of repayments. Thus it is not properly executed and is therefore only enforceable by an order of the court by virtue of s 65 of the same act, and Consumer Credit (Agreements) Regulations 1983 Schedule 6: However I draw your attention to Consumer Credit Act 1974 s127(3) which states “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)”. It is the lack of a properly executed agreement that is a very clear dispute, not necessarily your response to my s78 request and it is for these reasons that I DISPUTE the alleged agreement. I would also point out that on two separate occasions I have requested that you provide me with a true copy of the alleged Credit Card Agreement under the provisions of the Civil Procedures Rules ( Pre action protocols Part 31.16). To date you have failed to do this. It is now my understanding that this alleged agreement is only enforceable by an order of court. For a court to make that order you would have to produce to them a properly executed agreement compliant with the Consumer Credit Act 1974 signed by me. It is also my understanding of the civil court system that both parties to a dispute should act reasonably and fairly to try to reach an agreement prior to court proceedings. I do not think it unreasonable to ask to see a copy of the original credit agreement for the above account, if one exists as this will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides. If such an agreement does not exist I would be grateful if you would confirm this and inform me if you intend to rely on the “application form” in any court proceedings. As I have already stated in my previous correspondence I consider this alleged account to be in dispute and would remind you that as long as the dispute remains * 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 look forward to your response and would invite you to propose a mutually acceptable remedy to this dispute. You may wish to discuss this matter with your legal advisors before considering any further action. If you fail to respond to this letter within 28 days it is my intention to apply to my local court for an order for disclosure under the provisions of the Civil Procedures Rules ( Pre action protocols) Thanks Katedog

Hi CF check out my thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201263-aktiv-no-cca-what.html this is an old goldfish account then BC then sold to aktiv. Katedog

Hi everyone I have just drafted this response to Egg would appreciate any observations/comments before I post it. (thanks to all those who have PM'd with help and those whos thrteads I have stolen from) Unfortunately the Egg Card Agreement you have provided does not comply with s 61(1) of the Consumer Credit Act 1974 and the associated regulations for various reasons in as much that, and not limited to, not all the prescribed terms are contained within the document * There is no “credit limit”. The terms “approved” or “individual” are not prescribed terms * There is no rate of interest stated for cash advances * There is no reference to “charges on default” thus it is not properly executed and is therefore only enforceable by an order of the court by virtue of s 65 of the same act, and Consumer Credit (Agreements) Regulations 1983 Schedule 6: It is the lack of the correct prescribed and other required terms in an improperly executed agreement that is a very clear default, not necessarily your response to my s78 request and it is for these reasons that I DISPUTE the alleged agreement. In that respect I draw your attention to Consumer Credit Act 1974 s127(3) which states “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)”. You should note that in the opinion of the Office of Fair Trading, creditors should not suggest that they have a signed compliant credit agreement where they are unable to provide evidence to support this, to do so could be a misleading action under Reg.5 of the Consumer Protection from Unfair Trading Regulations. You are reminded that the following applies in relation to this alleged agreement whilst it is in dispute. You: * are not entitled, while the dispute continues, to enforce the agreement. * may not demand any payment on the account, nor am I obliged to offer any payment to you. * may not add further interest or any charges to the account. * may not pass the account to a third party. * may not register any information in respect of the account with any credit reference agency. * may not issue a default notice related to the account. Please note you should consider this letter as notice under section 10 of the Data Protection Act (1998 ) to cease processing, with immediate effect, any data in relation to this account, both within your own internal records and records with any third party agencies as this likely to cause substantial damage or substantial distress to me or to another. In clarification: To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed and compliant credit agreement and is a clear requirement of the Data Protection Act 1998, so until you produce such an agreement, you may not share my data. Any attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office. You may also note that sharing my data with credit reference agencies whilst an account is in dispute is contrary The Bankimg Code para. 13.6. If you do issue a default notice against a disputed agreement or persist in sharing my data with third parties regarding a disputed agreement, I may instigate court proceedings to have the alleged agreement declared unenforceable, the default removed and the information removed from my credit file. I would be happy for you contact me in writing with your intentions to resolve this matter, which remains a formal complaint. In the absence of a signed compliant agreement. I would invite you to consider reducing the alleged debt to £0 and to remove any and all information regarding me or the alleged debt from your records and the records of any and all credit reference agency you may use. Alternatively you may contact me further to agree a mutually acceptable resolution. I would ask you to note that I will not enter into any communication regarding this matter except in writing by post and after taking advice, I am of the opinion that any continued pursuit of communication other than the manner I have respectfully requested may be in violation of the Administration of Justice Act 1970 section 40 as well as breaching the OFT Collection Guidelines. To sum up, I am not obliged to make any further payments to you until you provide me with a copy of a properly executed agreement. Should you not have a properly executed agreement in relation to this alleged debt, please confirm this in writing to me. If you do have a properly executed agreement there is no reason why you should not allow me sight of it in order to resolve this dispute. I would appreciate your due diligence in this matter and I look forward to your reply as soon as possible Katedog

Received the usual blah blah blah letter from Westcot today. Have written back just to let them know account is in dispute, dont you think Tesco would tell them that before they go to the trouble of sending it to them???????? Katedog