I have recieved a default notice from RBS (Tesco Personal Loan). I have written to them 3 times explaining my personal circumstances (husband left me with 40k of unsecured debt in my name). This particular loan was taken out in May 07 and I have made no payments since December (missed two x £325 payments)

I have not had a single 'personal response' from them nor have they attempted to ring (they have had a specific written request not to call). What should I expect now? Am I just small part of their 'toxic debt' which will be sold on at some point?

I am have prepared a budget (inline with the guidance on here and Debtline) and am struggling to pay priority debt, never mind even think about any of these unsecured debts (my budget shows negative disposable income at the moment!). I have taken legal advice about bankruptcy, but keen to try and avoid that.

GA,

could you scan the default notice and put it up on here so we can give an opinion on whether it meets legal requirements?

Please ensure you remove any personal details (account number, name, address, etc)

Have you sent a CCA request?

No CCA yet? Would the main aim of that to be prepared for legal action?

This what they sent (taken from a scan)

Dear

Branch: Tesco Personal Finance

Formal notice of intention to file a default and to take action to recover debt

Please note that unless, within 28 days of the date of this letter, satisfactory payment or arrangements for payment are made with the Bank, in response to the attached default notice, information about your indebtedness will be given to the following Credit Reference Agencies,

Callcredit

Equifax Europe Limited Experian Limited

The Group and other companies may use the record of default and any other information provided to the agencies when considering applications by you, or anyone else with whom you have a joint account or similar financial association, for facilities including motor, household, credit, life and general insurance.

The existence of information on accounts in default at the Credit Reference Agencies may

impair your ability to obtain credit or other financial facilities such as current accounts for a period of

up to six years.

In addition, responsibility for recovery of your borrowing will transfer to our Debt Recovery Area and only credits to your account will be accepted. All your standing orders and direct debits will be cancelled.

Any chequebooks not already returned to us must be returned immediately. Please be aware of the following:

• The Cheque Guarantee card has been cancelled.

• You no longer have authority to use the card.

• The card is the Bank's property and must be returned.

• Continued use of the card when there are insufficient funds to meet the transactions is

a criminal offence and may result in prosecution.

• Our telephone lines are open Monday - Friday 8am-9pm, Sat & Sunday 9am-5pm to discuss your account.

Page 2

Royal Bank of Scotland

Tesco Personal Finance

George House

36 North Hanover Street

Glasgow

G1 2YG

Credit Agreement relating to Loan Account Number The above Agreement contains a provision requiring you to make monthly payments. In breach of that provision the payments are in arrears to the extent of. You are therefore required to pay these arrears to us by the date shown below: -

Date: 11 March 2009

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

If you do not pay the arrears by the date shown above, we intend to demand immediate repayment of the whole loan balance, plus any interest due and, if applicable, any additional amount which you may required under the Agreement to pay us if the loan is repaid earlier than its end date under the Agreement. We may take Court action to recover the debt. In addition, we may exercise our right of set off over any of your funds held elsewhere with us.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME

* You should be aware that if we take you to court and get a judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the judgment and interest under the agreement on all the sums owed by you at the date of the judgment until you have paid these in full. This means that even if you pay off the whole amount of the judgment, you may still have a further sum to pay.

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.

They should give you 14 clear days to remedy the Default as of 2006. I am not an expert as to the form and content of the Default notice itself but this thread should provide the info on that:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/179944-default-notice-period-7-a.html

As for the CCA. Everyone is entitled to request their credit agreement (court action or not) and even though your agreement started may 07 it could prove useful. For if it has discrepancies that could provide you with a bargaining tool in your favour.

Doesnt look right

When did you actually receive it?

Are the words "BEFORE THE DATE SHOWN" underlined?

What other dates are on the letter (such as the date it was sent)?

Have you kept the envelope? if its in the bin, fish it out...NOW! (the envelope should show a postmark date?)

Is the amount shown as the arrears correct?

if they intend collecting anything over and above the current arrears they must by law issue you with one under consumer credit act in the correct form

(and trust me, correctly formed notices are like rocking horse "poo")

The 14 days should be, as Davey states, 14 CLEAR days, that is, not including either the day you received it OR the day upon which they state they will take action

The link given by Davey holds the info on this

(nice work Davey)

Please post up more info so we can assist you GA

Yes envelope is in the bin but can be rescued - will post more details tonight. Thank you VERY much for all your prompt replies.

A useful post on Default Notices for your reference:

http://www.consumeractiongroup.co.uk/forum/legal-issues/170602-rec-default-notice-cca.html#post1840494

I saw a brilliant SAR letter on here (it is not the one in the templates library) - it lists all the things you would expect them to send - I can't find the link - could a kind soul point me in the right direction?

Found it - in one my own threads!!

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBERS: xxxxxxxx and xxxxxxxx-x

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any Other information relating to these accounts

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.