Tesco/RBS DN - opinions needed please

[mkb]

Brief history:

 

Approached in Tesco car park Feb 2008 & offered Tesco CC. Credit history ok at that point so said yes

 

A/C running ok til got into difficulties earlier in the year & at that point, was in DMP with Payplan.

 

Tesco then were getting just under £10pm but I was still getting £12 notice of default charges applied.

 

Stopped my DMP with Payplan cos a) we have no longer got the £100 disposable income they insist on and b) they didn't operate the DMP properly (they were paying out to incorrect a/c no's etc)

The last payment I made to Payplan was in early June & I've written to all our creditors on July 10th with a revised payment plan using Letter B from here http://www.consumeractiongroup.co.uk/forum/show-post/post-162355.html

 

In the meantime, I get this: http://img44.imageshack.us/img44/1020/tescofinalrequestforpay.jpg

 

Heard nothing so have not yet paid.

 

Saturday I get the following:

 

http://img33.imageshack.us/img33/9484/tescoltrwithdn.jpg

 

No longer in DMP with Payplan so don't know why they refer to that instead of to my letter of July. DN also enclosed:

 

http://img3.imageshack.us/img3/5153/tescodn.jpg

 

The DN is dated 31/08/09 which was Monday Bank Holiday so would not have been collected by RM and there is no date by which to take the appropriate action, just 17 days from the date of the notice.

 

I'm thinking this DN is faulty & would appreciate your opinions as well as advice on what to do next.

Edited September 7, 2009 by mkb

[the_shadow]

Do you have the envelope, was it UKMAIL, 1st class or second class?

 

S.

[mkb]

I can't believe how much I've learnt on this forum & one of those was to keep the envelopes so yes I do have it firmly stapled to the letters it contained

 

It was pre-paid RM 1st class.

[the_shadow]

I can't believe how much I've learnt on this forum & one of those was to keep the envelopes so yes I do have it firmly stapled to the letters it contained

 

It was pre-paid RM 1st class.

 

Ok I make them 1 day short... as you say no collections on 31st, so posted on the 1st, 2nd and 3rd are service days and then 14 clear days from the 4th takes you to Friday 18th imo.

 

S.

[mkb]

That was my thinking too so I'm glad you feel the same.

 

Now, the thing is....what do I do now?

[the_shadow]

That was my thinking too so I'm glad you feel the same.

 

Now, the thing is....what do I do now?

 

Until they terminate they can correct the default notice.

 

S.

[mkb]

Termination notice arrived

 

http://img32.imageshack.us/img32/4421/tescotn.jpg

 

Am I right then in thinking that as they issued a defective DN which was not rectified prior to termination, the most they are entitled to is the arrears?

 

Whats the first step?

[the_shadow]

Ok, as the agreement was taken out post 2007 it will be deemed enforceable even if it doesnt contain the prescribed terms.

 

In theory because they have terminated on the back of what we consider a dodgy default notice they should only be allowed to claim the arrears but that'll need arguing in front of a judge.

 

Their next move usually depends on what they perceive you having in regards to assets and whether they think you have any disposable income.

 

If you want to stave off DCA or possible legal action then you could offer your agreed payplan amount direct to them if you can afford it?

 

S.

[mkb]

Well, well, well - got my SAR response through.

 

 

http://img29.imageshack.us/img29/5927/tescosarresponse.jpg

 

http://img34.imageshack.us/img34/2260/tescoagreement1.jpg

 

http://img97.imageshack.us/img97/5917/tescoagreement2.jpg

 

 

 

 

OK so card protection box is UNticked......so what's that I see on the statement then & all other statements?

 

Methinks Tesco/RBS have been a bit naughty here!!!

 

http://img34.imageshack.us/img34/7094/tesco1ststatement.jpg

 

 

 

SAR info is spectacularly devoid of any correspondence from Payplan who we used for a time and absolutely no trace of the DN's & subsequent TN!

 

Any suggestions - can't offer F/F cos we're broke at the moment but they haven't chased payment yet.

[the_shadow]

 

OK so card protection box is UNticked......so what's that I see on the statement then & all other statements?

 

Methinks Tesco/RBS have been a bit naughty here!!!

 

http://img34.imageshack.us/img34/7094/tesco1ststatement.jpg

I suspect they'll say it was a telephone sale later on in the lifetime of the card if you advise them of it now, possibly better to wait before disclosing it, hence you need to add a request for all taped conversations just in case

 

Ok, if you have all your statements then you need to work out the cost of PPI against the current outstanding balance, and the cost of PPI will need to include interest compounded which you can claim in restitution.

 

SAR info is spectacularly devoid of any correspondence from Payplan who we used for a time and absolutely no trace of the DN's & subsequent TN!

 

Any suggestions - can't offer F/F cos we're broke at the moment but they haven't chased payment yet.

Write back stating the SAR has not been completed and you require all copies of correspondance including anything between Payplan and RBS and a copy of both the default notice and termination letter... plus the calls tape . Failure to provide such information will result in either litigation to force them to disclose under the data protection Act or a complaint to the ICO for them to enforce the disclosure.

 

S.

[mkb]

Thanks mate - will update in due course

[mkb]

Letter posted as advised which was delivered earlier this week. They have til mid-Nov to comply with original time scales.

 

Letter from Newmans DCA today - ho hum, staple envelope & file

 

NO notice of assignment though so guessing they're only collecting on behalf of RBS...

[the_shadow]

 

Letter from Newmans DCA today - ho hum, staple envelope & file

 

NO notice of assignment though so guessing they're only collecting on behalf of RBS...

 

Unlike the banks, we all like to keep our paperwork

 

Might be an idea just to reply with a letter stating you consider this account in dispute due to unfair/illegal charges and are in the process of claiming those back, and that RBS are in default of the SAR at present... if just to keep the paper trail.

 

S.

[mkb]

Various letters received & filed

 

Today's post brings the yellow postcard urging contact with Alex & quoting a reference number.

 

Thought this was against OFT's debt collection advice?

[the_shadow]

Various letters received & filed

 

Today's post brings the yellow postcard urging contact with Alex & quoting a reference number.

 

Thought this was against OFT's debt collection advice?

 

Yep, but when has that stopped any of the so called "self regulated" dca's attempting anything.

 

Time for a complaint to OFT by email or letter I feel

 

S.