Tesco application form with terms and conditions on seperate sheet.

[blackntan]

Please help if you can.

 

I requested a cca from tesco. After some time they sent me a copy of the application form and a seperate sheet or 2 of the terms and conditions.

 

Is it considered an enforceable agreement if the terms and conditions are not within the body of the application form/agreement? I cannot see any reference to the terms and conditions on the application form other than the first line under 1. Your Information. It says "Please read carefully the section headed using and sharing your information in the terms and conditions of your credit card.

 

There is no other reference to the terms and conditions that I can see. They appear to me to be a seperate document. Should they be refered to as page 2, appendix 1 or wharever?

 

The agreement was signed in 2003.

 

I have uploaded them here for someone to look at and give me some advice.

 

Thanks for any help you can offer.

 

 

 

[rory32]

The prescribed terms must be within the four corners of the agreement. They can not be within another document headed terms and conditions. Your copy of the agreement is completely unenforceable.

[blackntan]

As I remember I picked up an application form for a Tesco credit card in store. The appication form was a pull out page in a booklet, the terms and conditions would have been on a seperate page in the booklet.

 

I filled in the application form, removed it from the booklet and posted it off leaving the terms and conditions in the booklet. The terms and conditions contained the prescribed terms ie. interset rate, credit limit and repayment details. These did not appear on the application form nor were they refered to elsewhere.

 

So although the application form that I signed was in the same booklet as the terms and conditions once the application form was completed it was seperated from the prescribed terms.

 

Am I right in thinking that the prescribed terms were then not within the four corners of the agreement? Would Tesco argue that at the time the document was signed the prescibed terms were within the document but were seperated after signing.

 

It may be that the application form and terms were on one sheet seperated by a cut along line, I really don't remember. If this were the case would it make the two into one document?

 

I have recently picked up an Asda credit card application to compare what is on these forms now with what I signed some years ago.

 

This appears to have all the prescibed terms and the applicants details on one side of one sheet including the signature box. I guess this is how things should be done. I have uploaded it for comparison.

 

The sheet is in one long piece but in order to scan it I have had to do it in two parts.

 

 

 

I would be greatful for any advise or comments anyone may have.

[B3rty]

I personally think what you have is an application and as you have rightly shown the new types of application/agreement contains the prescribed terms

 

However only a CC judge can decide this in court and until then you need to play hardball with Tesco who may backdown but more than likely will sell the account to a DCA...then its the same process with them..

 

Use this letter and see how you get on

 

 

Dear Sir/Madam

 

Re:− Account/Reference

 

ACCOUNT IN DISPUTE

 

FORMAL COMPLAINT

 

 

I have received the documents you sent and in the accompanying letter you state “Enclosed is a copy of the executed agreement”. You have confirmed this to be a true copy of the credit agreement that exists in relation to this account. As you have sent this document in response to a formal request under Section 78 (1) of the Consumer Credit Act 1974, this statement is now binding on you as per section 172 of the Act.

 

I must inform you that the information received does not meet the requirements of a properly executed credit agreement under the 1974 Act.

 

The documents received amount to no more than a pre-contractual application form and does not contain any of the prescribed terms as required, as set out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) Schedule 6 Column 2.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974

 

 

The absence of a properly executed credit agreement prevents you from:

• adding interest to the account
  
• taking any enforcement action on the account
  
• issuing any default notices or registering any default marker with a credit reference agency.
  

I would also point out that if you continue to pursue me for this debt while it is dispute you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading guidance on debt collection.

 

It would be in everyone’s interest to consider this matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

 

Yours faithfully

 

 

Your name

 

Name

[blackntan]

Thanks for your reply.

 

I am getting very confused and worried about all this.

 

I have been looking through the threads about Tesco and cca's some say they are enforceable and others say they are not.

 

Times are hard financially for everybody and although I have tried my best to keep up the payments for this and other non priority debts I have come to the point where it is just no longer possible to do this.

 

I have had to prioritise to make sure that the mortgage, council tax,gas/electric,tv license etc get paid. Paying credit card installments has caused other things to bounce and now I have to deal with the resulting bank charges on top of everythingelse.

 

I cannot pay all the credit card payments anymore. So I have decided to let them slip for the time being and concentrate on the important bills. This means I am getting threatening letters and phone calls all hours of the day and night,but I am hoping that some of the debts will be unenforceable and the others will realise I really don't have the money and accept less in full and final settlement. Altenatively if they do take me to court and I lose the judge can't make me pay what I don't have.

 

I hate having to do this but feel I am pushed into a corner with no other option.