Tesco [RBS] credit card debt sold to Intrum

[lexis200]

Hello:)

 

I'm currently waiting on an SAR 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/s328/lizzybug78/tescodefault.jpg

 

...and the subsequent termination

http://i508.photobucket.com/albums/s328/lizzybug78/tescotermination.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:)

[alangee]

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

[lexis200]

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:)

[alangee]

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

[lexis200]

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:)

[citizenB]

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

[lexis200]

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 CRA file cleared, without going down the court route and asap.

 

I'm not asking much...

[alangee]

Hi Lexis

 

I think your next step is to request a SAR 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

Edited May 20, 2009 by alangee
correction

[lexis200]

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...

[lexis200]

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

 

Round 2 ding ding.

[peter1234]

getting exactly the same check out my thread

[lexis200]

Thanks, will do:)

[underdog13]

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.

[lexis200]

Hey Underdog:)

 

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

 

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:(

[underdog13]

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

[underdog13]

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

[lexis200]

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

 

Absolutely, I wouldn't want it to change:D

[underdog13]

Me neither:D

[citizenB]

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

[lexis200]

Hi CB

 

Funnily enough I was looking at my Tesco stuff the other day, and no, they didn't ever fully comply.

 

After they sent the statements etc I complained several times and didn't even have replies.

I'm afraid I didn't go any further down any other routes (FOS/ICO etc) with complaints.

 

I've done this with two other creditors after they didn't comply, and even though they were instructed to do so (I think by the ICO, it was a while ago though so I'm a bit fuzzy now) they still did diddly squat. One in fact told the ICO twice that they'd complied even though nothing had been sent at all.

 

I've also never had a CCA back from Tesco.

From memory I got the standard t's and c's application with no details on it, but never anything that related to me personally.

 

I should start on at them about the DN again, but I've been out of the loop for so long I'm concerned that I may have missed something important on the forums, and I just don't have the time to get back on it at the moment:(

 

Are you having problems with them then?

 

xx

[citizenB]

Very odd, they did actually send a copy of OH's agreement, but no T&Cs.. but there was no dispute with that as far as we were concerned. However, they are refusing to part with statements over 6 years.. and I really, really want them for the purpose of PPI

[lexis200]

Hi, I'm hoping for a bit of advice please.

 

After some very distressing problems many years ago that caused us a significant amount of financial hardship,

I dealt with our cards years ago with the help and support of the people on this site.

 

However, I gave up on some having got nowhere with them (sorted all of my husband's, but ran out of oomph when it came to mine), and stopping paying everyone who didn't comply with CCAs etc was just too much for me.

 

As a result of this, I've been paying Tesco £11ish a month for the last 10+ years on what was a 7k debt.

I've been ok with this as it was easier than dealing with the stress and the impact it was having on my health tbh.  

 

However...Intrum came on the scene a while ago saying they owned the debt and I needed to pay them.

Lots and lots of (ignored by me as I was still paying Tesco) letters from them later, I CCA'd them.

After a few weeks I received a pack containing a few statements from 06/07, some generic terms and conditions, and a paragraph stating

 

"The original creditor's response is as follows:

 

We have enclosed the copy of agreement and the Terms and Conditions. We have also enclosed Statement of accounts. The reason for a difference in the closing balance of the statement is due to the customer continuing to make payments on the account from 2007 until the sale in 2019. We have provided the last payment statement from Jan 19 which shows balance of X, to which again the reason this is different from X is due to  the customer continuing to pay from the determination date in October 2018."

 

I've checked back over the correspondence I had with Tesco way back when, and aside from an unfulfilled CCA, there is also an unfulfilled SAR from 2009. I've never had a signed agreement from them. Also (and don't think I'm not kicking myself over this), about 2 years ago when everything was just ticking along, I was clearing out and decided that I didn't need paperwork from a decade ago on stuff that was in status quo, so I don't think I have any of the stuff they've sent me previously. I know, I know, you don't need to tell me.

 

Having received the little pack of useless info from Intrum in August I've not responded at all, however I have kept up the payments to Tesco which are not being returned to my account, so they are going somewhere (where if they no longer own the account?). A couple of weeks ago I had a letter from Global Debt Recovery which I'm guessing is to do with this. No information other than a phone number and a request to call them, which obviously I haven't. I found the letter again today and it's prompted me to see what, if anything I should do.

 

I'm feeling more up to getting on top of this now, and am wondering what my next step should be? I used to know what I needed to do, but so much time has passed I'm wondering if things have changed, hence the request for advice.

 

Any help would be appreciated, thanks.

 

[dx100uk]

old and new threads merged for history

shame you blindly paid all these years when there was never any enforceable agreement.

just running the SB date to infinity.

 

can you scan up to ONE multipage PDF 

the CCA return please from intrum [1st credit]

 

read upload carefully

 

dx

 

[lexis200]

Thanks for the reply DX.

 

I know, but at the time I'd have been a mess if it had become litigious. Probably still would tbh, but I feel more up to dealing with DCA than the OC for some reason. 

 

I'll scan up later, not at home for a while. 

 

 

[lexis200]

Sorry dx, I'm not ignoring this, my laptop stopped working yesterday so I'm a bit stuffed on scans atm. Will upload as soon as I can.