Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #1
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    Default Lexis200 v Tesco

    Hello

    I'm currently waiting on an SARicon from Tesco, and will also CCA them soon just for clarity.

    My issue at the moment is the DN I have.

    It's from a while back, when I was setting up payments to them, and before I was aware of my rights, or the fact the notice might be wrong.

    Anyway here's the default
    http://i508.photobucket.com/albums/s...scodefault.jpg

    ...and the subsequent termination
    http://i508.photobucket.com/albums/s...ermination.jpg

    Would I be right in thinking they've been a bit silly with the remedy dates? If so, what's my next step?

    Thanks

    Lexis

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  2. #2
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    Default Re: Lexis200 v Tesco

    Yes you are right. They have only allowed you 14 days from the date of the DN. They have not allowed for delivery. By the way 24th March 2007 was a Saturday, so it would be deemed to have been served on you on the 27th March. The date for rectifying the breach should have been 10th April 2007.

    Alan


  3. #3
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    Default Re: Lexis200 v Tesco

    Thanks very much for this alangee - any idea how I should proceed?

    I pretty much get the DN stuff when they have it wrong (although I still like confirmation I'm not missing something obvious!), but I don't quite know what to do with the information!

    Any help from anyone would be much appreciated

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  4. #4
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    Default Re: Lexis200 v Tesco

    Tesco PF are not very good at the default thing, and it is not through lack of practice. My wife and I have been issued 3 each and all flawed like yours for one joint debt


  5. #5
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    Default Re: Lexis200 v Tesco

    Keep the DN in a safe place. When they terminate (with a defective DN) you will only be liable for the arrears mentioned in the DN. If they issue court proceedings, then even if they have a kosher Credit Agreement, they will fall down on the Default Notice.

    Alan


  6. #6
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    Default Re: Lexis200 v Tesco

    Hi Alan

    They have actually terminated the agreement - not long after the remedy date of the DN.

    I'm just wondering how to go about telling them they've fouled up, and then what do I do to try and get them to accept just the arrears?

    Although I'm resigned to the fact I may end up in court, obviously I'd rather not, so any suggestions are very welcome

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  7. #7
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    Default Re: Lexis200 v Tesco

    Bliddy hell, I wish I had been given these

    DN date 24 March - remedy date 7 April = not enough time for even 1st class mail especially as the 24th March was a Saturday

    Then they Terminated 3 days after issuing the DN ie 27th March ??

    Fantastic

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    Default Re: Lexis200 v Tesco

    Yep, this one and Lloyds I'm pretty happy about

    What I really want though is to use it to get the debt and my CRAicon file cleared, without going down the court route and asap.

    I'm not asking much...

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  9. #9
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    Default Re: Lexis200 v Tesco

    Hi Lexis

    I think your next step is to request a SARicon and/or a copy of your CCA. If you go for the SAR, and you find there are unlawful charges, this could be another reason that the DN is defective. You should also get a copy of your agreement with the SAR and if that is defective, that should make the DN irrelevant. Collect as much information as you can.

    Tesco will not accept that the DN is defective, so you will just be in a to and fro situation if you tell them. If it ever comes to court, the DJ should side with you, and you may be able to make a counter claim for unlawful charges.

    If it were me, I would just sit back and collect as much information as I could, so that if it does go to court I am in a good position to contest it.

    I have just reread your OP and see that you have already sent for a SAR/CCA.

    Alan

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  10. #10
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    Default Re: Lexis200 v Tesco

    Thanks Alan - very helpful info

    My only issue is that I could do with not having this hanging over me for ages until they possibly decide to go to court...

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  11. #11
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    Default Re: Lexis200 v Tesco

    After a stupid wait for the SARicon it arrived - with only statements and a couple of letters I had written to them

    Round 2 ding ding.

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  12. #12
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    Default Re: Lexis200 v Tesco

    getting exactly the same check out my thread


  13. #13
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    Default Re: Lexis200 v Tesco

    Thanks, will do

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    Default Re: Lexis200 v Tesco

    Hiya Lexis,

    Tesco still aren't any better at drafting DNs - mine says I must remedy within 17 days.

    s88(1) states that the default notice must give the date by which the default can be remedied.

    So I'm guessing (and hoping) that a vague 17 days rather than an actual date won't cut it.


  15. #15
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    Default Re: Lexis200 v Tesco

    Hey Underdog

    You'd really think it'd be simple wouldn't you

    What irks me is that all the information needed to draft these documents correctly appears to be online. I reckon I could knock up a decent credit agreement followed by a watertight DN without too much of an issue, so why the hell can't they when they have the access to all the legal nonce that they do?

    Bl**dy banks

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  16. #16
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    Default Re: Lexis200 v Tesco

    Agree, you'd think drafting a correct DN would be a simple matter - unless the person drafting it is simple


  17. #17
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    Default Re: Lexis200 v Tesco

    Mind you, that said, thank goodness they do make so many mistakes with their DNs


  18. #18
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    Default Re: Lexis200 v Tesco

    Quote Originally Posted by underdog13 View Post
    Mind you, that said, thank goodness they do make so many mistakes with their DNs
    Absolutely, I wouldn't want it to change

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  19. #19
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    Default Re: Lexis200 v Tesco

    Me neither


  20. #20
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    Default Re: Lexis200 v Tesco

    Lexis, I know this is an old thread, but can you tell me if Tesco ever did fully comply with your SARicon ?

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    Uploading documents to CAG ** Instructions **

    Looking for a draft letter? Use the CAG Library
    Dealing with Customer Service Departments? - read the CAG Guide first

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
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    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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