Tesco just 1 of 14 Credit Cards Help

[steve2577]

They included a photocopy of CC Terms and Conditions

Statement same as a monthly CC statement.

Blank Tesco Credit Card Application Form with Latest T&C's

 

 

 

That was it nothing else.

[steve2577]

I have received 3 Default Sum Notices all for Late Payment Fees £12 during Nov/Dec/Jan.

 

No other Default Sums and No Default Notice as yet.

 

All 3 same as this one

 

 

Edited January 25, 2010 by steve2577

[nick20045]

Those are not default notices. They are default charges.

 

To be honest, at the moment I would not bother with them (considering how much chaos you have with the banks re CCA agreement applications, dispute letters, proper default notices etc).

 

Once you sort your affairs then you can have a read on here (not my interested subject so cannot help you) and see how to send an SAR and apply to get them refunded.

 

But once again, my advise is to get your records sorted, get them into line and then move on. You went and challenged something like 14 cards at the same time. Now unless you sort the paperwork out it can overtake you.

[steve2577]

Yes I agree to put it mildly.

 

I asked this on the Tesco Thread but for the majority amd some have confirmed they dont have agreements to show me. Can they enforce yes or No?

 

If No whats the consequences apart from DCA's Telephone Calls Letters House Visits and a trashed Credit File.

 

 

 

 

 

 

Steve

[nick20045]

Yes I agree to put it mildly.

 

I asked this on the Tesco Thread but for the majority amd some have confirmed they dont have agreements to show me. Can they enforce yes or No? Legally no they cannot enforce (unless you find a dodgy Judge. Once again read Humblemans thread if you want to learn more). Will they try? Read my pm regarding what I love to do to DCA's.

 

If No whats the consequences apart from DCA's If it goes to a DCA then there are solutions as well. Telephone Calls There are solutions to stop telephone calls. Letters Comes in handy when that double soft tissue has run out :D:D House Visits Read the OFT Guidelines re home visits and a trashed Credit File.

 

 

 

 

 

 

Steve

Already answered in the thread Steve v HFC. And you have just shown that you have not done much homework before you started challenging the banks did you? Seems you read a couple of posts, thought "Heck........ seems ok lets go for it" and decided to take "The nice lollipop out of the banks mouth and they will not cry and scream to have it back".

 

I would suggest you post so that members on here can take an idea of what is what. Then get advise. Split each problem and do NOT think they are all the same. And take notes of what is being told to you. Then when the time comes, it may either be a strike out or, if it goes to Court you should have enough information in your hands to be able to fight it, put a good argument forward and win.

[steve2577]

Nick

 

No didn't want to jump into this was going to carry on working and killing myself to keep afloat. But got made redundant aged 50 can find a decent job and thought might as well face the music now. I was told it was easier than it is turning out but I am also now mentally prepared to lose everything which has taken the actually worry out of the situation because it was this that stresses you out big time.

 

 

 

 

Thanks for your help today (oops yesterday mean)

[MandM]

 

But once again, my advise is to get your records sorted, get them into line and then move on. You went and challenged something like 14 cards at the same time. Now unless you sort the paperwork out it can overtake you.

 

Steve, Nick's quite right here. I have a similar number of issues to you. Spent a whole weekend at the beginning getting the paperqork in order and now takes up the majority of space in 3 cupboards!!!

 

But makes the whole thing so much easier to deal with. Buy a few of those box filing systems. If you get one that does go to court the volume of paperwork generated is huge!

 

M

[steve2577]

Default Notice arrived just Now (26th Jan) dated 21st Jan (sent 1st Class Post) giving me 17 days from the date of this letter (no time to post at the moment).

[egg-sterminator]

Default Notice arrived just Now (26th Jan) dated 21st Jan (sent 1st Class Post) giving me 17 days from the date of this letter (no time to post at the moment).

Keep the envolope if DN reeds 17 days from it is not in the prescibed form . The enforcment default and termination notices 1983 clearly state "the date being a date" lots of other things to look for to so post it up .

[steve2577]

OK

 

Heres the letter

 

Heres the Default Notice

[citizenB]

Correct, they should put a "proper date". However, that is a de minimus issue and will probably not be relevant.

 

I would be inclined to mark on the envelope that you received it today.

 

Is the amount of arrears they are asking for correct. eg are there any late payment / over limit charges included in the figure. They can only ask for what is genuinely due. and charges arent.

 

Other than that, I dont see too much wrong with the DN. sorry

[nick20045]

Correct, they should put a "proper date". However, that is a de minimus issue and will probably not be relevant.

 

I would be inclined to mark on the envelope that you received it today.

 

Is the amount of arrears they are asking for correct. eg are there any late payment / over limit charges included in the figure. They can only ask for what is genuinely due. and charges arent.

 

Other than that, I dont see too much wrong with the DN. sorry

Agree as the date is 21 Jan. It says 17 days starting from the next day after the date. That makes it 17 days starting from the 22nd.

 

To me even if posted and claimed it is second hand post it still gives 14 days. As citizenB said check the figures. That may make it invalid and faulty. Otherwise, 21 plus 4 days post makes it should have been delivered yesterday but 17 days to remedy (when should have 14) still allows for the one day delay in post.

[nick20045]

Actually, having given this a bit more thought, 21st was Thursday. Allow 4 WORKING DAYS for delivery from next day. So next day is 22nd (Friday). Plus 3 more days (starting from Monday) makes it delivery should be on 27th.

 

Might, just might, fall in as invalid due to not 14 clear days to remedy.

[steve2577]

Correct, they should put a "proper date". However, that is a de minimus issue and will probably not be relevant.

 

I would be inclined to mark on the envelope that you received it today.

 

Is the amount of arrears they are asking for correct. eg are there any late payment / over limit charges included in the figure. They can only ask for what is genuinely due. and charges arent.

 

Other than that, I dont see too much wrong with the DN. sorry

 

 

Late payment fees of £12 in Nov Dec Jan all these included the final figure.

 

Are you saying these Late Payment Fees are not part of the total owed and therefore should not be part of the DN?

[MandM]

Late payment fees of £12 in Nov Dec Jan all these included the final figure.

 

Are you saying these Late Payment Fees are not part of the total owed and therefore should not be part of the DN?

 

I believe that is correct Steve, the DN should only include your missed contractural payments - not additional charges.

 

M

[nick20045]

See they also talk about PPI (Protection Payment Insurance) on the DN.

 

Have you got this? :D

[steve2577]

See they also talk about PPI (Protection Payment Insurance) on the DN.

 

Have you got this? :D

 

 

Did not have any PPI on any card.

 

When I made my initial informal request on 29th Oct 2009 (without prejudice). I was told to make sure I stopped using any cards by a forum member. I checked and this was the only card I actually used on a day to day basis and noticed I had a subscription to Which Magazine which I wasn't aware of which I cancelled straight away so the final purchase on this card was 18th Nov 2009. I then made my official CCA request 23rd Nov (there was no other purchases on this card after the 18th Nov).

 

Sorry to omit this but this is the main card out of 14 that I actually used for any purchases all the other card were balance transfers every six months or so.

[nick20045]

this is the main card out of 14 that I actually used for any purchases all the other card were balance transfers every six months or so.

Right. Now to show you how easily a person can make a mistake and that can be used against that person (which is why you have to THINK before you OPEN you gob).

 

Playing the Devils Advocate:

 

Question: You say that this was the card used for any purchases. All the other cards were balance transfers every six months or so. So if you take one card and you transfer that balance to another card, how come on the card that you transfered from you still owe money?

 

Now answer that question.

 

What you have to also understand is that a Judge will be evaluating how you reply and what you say. The honesty. The integrity. Shall he believe you or not.

 

And, actually this was told to me by my own solicitor..................

 

In Court they can throw a load of $hit at the ceiling and hope that some of it sticks. The idea is to simply discredit you. (Yep. My solicitor is very polite and uses words of choice :D:D).

[steve2577]

Yes I agree

Edited January 29, 2010 by steve2577