Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Default Notice Tesco Personal Finance

    I have recieved a default notice today from tesco personal finance, I have
    had reduced payments for 12months agreed by them and now this is up. I
    have not missed any of these payments they are now asking me to pay the
    arrears in 21days, as I cannot do this they are then saying i have to pay
    the net amount o/s on the loan £9199.35 if necessary by court action. I have
    contacted them asking them to extend my payment schedule and have offered to
    put my monthy payment to them up by £50 taking this to £150pm. Do you think
    this is reasonable/or do you think they will take court action against me.
    HELP


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    Default Re: Default Notice Tesco Personal Finance

    How much is the arrears?

    When you reached the agreement to pay the reduced sum, was any provision made about how any underpayments would be made up?

    During the period of the reduced payments, was the loan reducing?

    If you managed to get the arrears added to the loan and then paid off by increased installments, would you be able to manage the new level of committment?

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
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    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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    Default Re: Default Notice Tesco Personal Finance

    The arrears are £1828.36 and yes the loan was reducing by me paying the £100.00, if they did add these arrears and accepted increased installments i would be able to manage yes.
    There was no provision of how underpayments would be made up.


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    Default Re: Default Notice Tesco Personal Finance

    Then I think that you should start off by writing to them.
    Tell them that as they realise, there was never any arrangement as to how the underpayments would be dealt with and that you had assumed that they would be added to the loan and that you would be able to continue repaying but a higher rate.
    Ask them if they will calculate what that higher rate would be.

    (Don't forget that your new repayments would be at least your old installment rate with something on top.)

    In the meantime, if I were you I would resume repayment of the original installments and tell them in the letter that you will be doing this and that you want to know from them asap what a new installment rate would be but that you are confident that you can deal with that because you are now out of the difficulties which you were in before.

    Two things can happen.
    They can be sensible and work with you, accept increased installments so that the loan runs for its original agreed term - and you MUST stick to it because you won't get a second chance
    or
    They can be stupid and simply cut you off, call it in and refuse to accept any installments at all but require full repayment.

    If they do the second - and there is a good chance they might because even quite decent people like Tesco seem to get infected with mad lender's disease once they start going into the money business, you must,
    keep on paying the installments at their original rate - even if they refuse to accept them. Make sure that every rejected attempt to pay is logged by you in writing,
    you must then put all rejected installments into a saving account - and don't touch it
    You then begin a court action against them for breach of the Banking Codeicon and of the new FSA regs because they are obliged to discuss with you and to have regard to your interests and to deal with you positively and sympathetically.
    You will need to come back to this thread if that happens and we will help you through it.

    DO NOT FAIL TO PAY THE INSTALLMENTS OR GO OFF AND SPEND THEM IF THEY ARE REJECTED.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE