Help with Tesco default notice please

[FightToTheEnd]

Received this (below) DN from Tesco which is all correct and sent in time with adequate time to remedy etc.

 

However, the DN threatens court action for the net amount being approx £12K. I have now received a CC Summons demanding the gross amount (15K) so my questions are:

 

1. Does this cause them any problems or in any way make either the DN or the POC defective?

2. Can they sue for the total amount payable which includes a further 4 years interest upto Nov 2013?

 

Many thanks for all the help.

 

[dx100uk]

what date did you get this?

 

dx

[FightToTheEnd]

To be honest I did not keep the envelope it came in or take notice of the day received.

[spamheed]

so they are going after the full amount and not just the arrears?

 

Have you had a termination notice for this account?

[FightToTheEnd]

They are going for the total amount payable through the whole term of the loan rather then the settlement figure the DN states?

 

Yes, termination notice received and they listed the gross amount, which doesn't agree with the DN.

[FightToTheEnd]

anyone?

[hungrybear]

It would help if you'd left the date on

 

and why does it say for internal use only at the top???

 

Yes they can sue for the whole agreement amount if that's what's in the terms

[FightToTheEnd]

Sorry, it was dated 1st August.

 

Don't know about the internal use only bit - just as it came. Is this relevant?

[hungrybear]

shame you cannot prove when the dn arrived. Do you have a compliant agreement to hand yet?

 

Right 1st thing is do you want to defend the claim? ie. have they shown you a compliant agreement?

[FightToTheEnd]

I've got another post running re the court case, I have defended and written to the under CPR 18 for info. AOS sent and will file an embaressed defence early next week if I get nothing back.

 

I was just interested if there were any issues that the DN says they will take court action to persue the net amount and then the POC claims the gross amount?

[hungrybear]

well your cpr18 should give you the agreement which will have the terms you signed up to attached.

 

MOST CCA agreements do allow for this as far as I know, yes they can do it and no there are no issues with it as far as I can see, wait for the terms though

[diddydicky]

notwithstanding that there is missing prescribed text- i think you have misunderstood the DN

 

the DN does NOT demand payment of the net balance- it clearly demands what it should demand and that is payment of the outstanding arrears of 533.70

 

it then states that if you fail to comply with the DN it will them claim (the benefits of s87) of the full net balance which IMO is correct

 

what was the date on the DN that you have blanked out

 

your case as i see it is an improperly worded DN (missing text) and not enough time to remedy (depending on the date of the notice)

[diddydicky]

tesco uses uk mail

 

the date 1st august was a saturday

 

uk mail do not collect on a saturday or a sunday so the notice could not have been collected by them until Monday 3rd

 

delivery would be deemed second class so served on friday 7th

 

14 clear days = Friday 21st so 3 days short

 

you need to SAR them PDQ and get evidence from their systems

 

they would have to prove otherwise.

 

It would have had to have been posted the same day (saturday) that it was issued by royal mail 1st class in order to give you to 18th to comply- in a large company like that it is VERY unlikely that the letter would have entered the internal postal system until the following monday

[FightToTheEnd]

The date is actaully on the back of the DN, on the picture here I have only blanked my name & address.

 

I have asked for DN and proof of postage under CPR 18 - is that good enough or should I SAR too?

[FightToTheEnd]

this is the back of the dn:

 

[FightToTheEnd]

As an aside, why do creditors continually issue faulty DN's? Why not just stick a few days on top to make sure there is time to remedy? Can they allow too much time?

 

I've just had a DN which doesn't even give 14 days from the issue date to the remedy date - why on earth would they do that?

[hungrybear]

 

It would have had to have been posted the same day (saturday) that it was issued by royal mail 1st class in order to give you to 18th to comply- in a large company like that it is VERY unlikely that the letter would have entered the internal postal system until the following monday

 

Saturday doesnt count as a working day for the purposes of the interpretations act anyway. So even first class it would have been deemed posted Monday. It is short however they posted it

[FightToTheEnd]

so if it is deemed posted on Monday 1st class would the first day to remedy be Wednesday (5th)? Wouldn't this be 14 days to Tuesday 18th inclusive or shoudl it have been the 19th to be correct?

[hungrybear]

so if it is deemed posted on Monday 1st class would the first day to remedy be Wednesday (5th)? Wouldn't this be 14 days to Tuesday 18th inclusive or shoudl it have been the 19th to be correct?

 

19th at best, according to dicky though (ukmail = 2nd class) it would be the 21st. Either way its 13 days at best(or worst depending on your point of view).

 

without proof to the contrary 2nd class is assumed in the Interpretations Act

[diddydicky]

As an aside, why do creditors continually issue faulty DN's? Why not just stick a few days on top to make sure there is time to remedy? Can they allow too much time?

 

I've just had a DN which doesn't even give 14 days from the issue date to the remedy date - why on earth would they do that?

 

shhhhhhhhhhhhh

[diddydicky]

so if it is deemed posted on Monday 1st class would the first day to remedy be Wednesday (5th)? Wouldn't this be 14 days to Tuesday 18th inclusive or shoudl it have been the 19th to be correct?

 

its actually two working days after the day it is posted- although the working days are not sat /sun if they can prove they posted in sat/sun then mon/tues would be the two working days and time would count from weds which woould be spot on for the 18th in their DN

 

however, this is extremely (99.999%) unlikely- it would have been put in the post at the earliest on the monday meaning tues/weds were allowed for delivery 1st class which leave the dn short

 

if 2nd class then 4 days are allowed after mon = tues weds thurs friday so the saturday is the first clear day to start counting- well short