Marc Gander - The Consumer Survival Handbook


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

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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.

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Results 1 to 15 of 15
  1. #1

    Default Tesco/RBS DN - opinions needed please

    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 dmpicon with Payplan.

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

    Stopped my dmpicon 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...st-162355.html

    In the meantime, I get this: http://img44.imageshack.us/img44/102...uestforpay.jpg

    Heard nothing so have not yet paid.

    Saturday I get the following:

    http://img33.imageshack.us/img33/948...oltrwithdn.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.

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  2. #2

    Default Re: Tesco/RBS DN - opinions needed please

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

    S.

    Are You as Anonymous on CAG as You Think You Are? *Link*

    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
    STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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  3. #3

    Default Re: Tesco/RBS DN - opinions needed please

    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.


  4. #4

    Default Re: Tesco/RBS DN - opinions needed please

    Quote Originally Posted by mkb View Post
    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.

    Are You as Anonymous on CAG as You Think You Are? *Link*

    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
    STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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  5. #5

    Default Re: Tesco/RBS DN - opinions needed please

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

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


  6. #6

    Default Re: Tesco/RBS DN - opinions needed please

    Quote Originally Posted by mkb View Post
    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.

    Are You as Anonymous on CAG as You Think You Are? *Link*

    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
    STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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  7. #7

    Default Re: Tesco/RBS DN - opinions needed please

    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?


  8. #8

    Default Re: Tesco/RBS DN - opinions needed please

    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 DCAicon or possible legal action then you could offer your agreed payplan amount direct to them if you can afford it?

    S.

    Are You as Anonymous on CAG as You Think You Are? *Link*

    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
    STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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  9. #9

    Default Re: Tesco/RBS DN - opinions needed please

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


    http://img29.imageshack.us/img29/592...arresponse.jpg

    http://img34.imageshack.us/img34/226...agreement1.jpg

    http://img97.imageshack.us/img97/591...agreement2.jpg




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

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

    http://img34.imageshack.us/img34/709...tstatement.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.


  10. #10

    Default Re: Tesco/RBS DN - opinions needed please

    Quote Originally Posted by mkb View Post

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

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

    http://img34.imageshack.us/img34/709...tstatement.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 PPIicon against the current outstanding balance, and the cost of PPI will need to include interest compounded which you can claim in restitutionicon.

    SARicon 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 ICOicon for them to enforce the disclosure.

    S.

    Are You as Anonymous on CAG as You Think You Are? *Link*

    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
    STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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  11. #11

    Default Re: Tesco/RBS DN - opinions needed please

    Thanks mate - will update in due course


  12. #12

    Default Re: Tesco/RBS DN - opinions needed please

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

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

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


  13. #13

    Default Re: Tesco/RBS DN - opinions needed please

    Quote Originally Posted by mkb View Post

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

    NO notice of assignment though so guessing they're only collecting on behalf of RBSicon...
    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 SARicon at present... if just to keep the paper trail.

    S.

    Are You as Anonymous on CAG as You Think You Are? *Link*

    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
    STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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  14. #14

    Default Re: Tesco/RBS DN - opinions needed please

    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 collectionicon advice?


  15. #15

    Default Re: Tesco/RBS DN - opinions needed please

    Quote Originally Posted by mkb View Post
    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 collectionicon 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.

    Are You as Anonymous on CAG as You Think You Are? *Link*

    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
    STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.
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