tescos default notice

[shredder10]

Hi all, i have recieved a default notice from tescos regarding a credit card account. The notice says i have 17 days to remedy the arrears from the date of this letter which was sent second class, does the dn have to specify a date to remedy the acount. For example does it have to say ' TO REMEDY THE ACCOUNT YOU MUST PAY BY THE 9TH OF AUGUST'

 

thanks shredder

[toofiegap]

watch these guys like a hawk I had a loan with them 4 years ago and they fast tracked me straight to court and slapped a CCJ on me (sorted now) but tesco can be absolutly vicious I had nothing no DCA chasing no chance in making any offer first I knew about this was a cj issued wish I had known about this site then would have saved be over 14 grand.

[shredder10]

watch these guys like a hawk I had a loan with them 4 years ago and they fast tracked me straight to court and slapped a CCJ on me (sorted now) but tesco can be absolutly vicious I had nothing no DCA chasing no chance in making any offer first I knew about this was a cj issued wish I had known about this site then would have saved be over 14 grand.

 

 

Thanks for the heads up toofie I think i might have an invalid dn and they have terminated the account. Just not sure about the specifying of the date.

[shredder10]

Little bump, i think it may end up in court

[Bazooka Boo]

An effective DN requires to inform you of the state of your account, what it is you are required to do in order to remedy the account, ie. pay the arrears, by what date you are expected to remedy the account, and it must give you a minimum of 14 clear days from receipt of DN to date of account termination, or the date in which if you fail to remedy the account, it will be terminated.

Can you post it on here at all, as it is much easier if people can look at it, clearly you need to remove all Id, names addresses bar codes etc

[shredder10]

Here you go have a browse

 

[mkb]

What is the date on the DN?

 

Was it posted 1st, 2nd class or TNT/UK Mail?

[shredder10]

date is 24 aug sent 2nd class.

[Bazooka Boo]

I do believe that a DN should be sent First class Royal Mail, otherwise it is deemed faulty. I shall check, but others might come along and verify that.

[ncf355]

Invalid

 

Stating "within 17 days" is NOT good enough

 

It MUST state a date

 

Further, the "payment sufficient to clear any arrears" is invalid - it must state the actual amount

 

They have unlawfully terimated the account, any court action founded on the basis of this default should be counterclaimed

 

Have you checked your credit file?

[mkb]

Really tight one this cos 17 days = 10th Sept but if posted 24th Aug then 4 days for delivery = 11th Sept for remedy by.

 

Is this the only problem with them? If so, you may struggle to win this in front of a judge but if there are other issues such as mis-sold PPI on the a/c, you would have a stronger case IMO.

[shredder10]

Does it matter that it does not show a specific date, only says 17 days after the 24 th

[mkb]

Thats a moot point which has been the subject of much debate as does the wording of 'before' rather than 'by' a numerical date.

 

Having said that, when I asked the same question, I was led to believe that an effective DN MUST have the actual date

[shredder10]

Ok all thanks very much for your replys. so its invalid because no specific date. And the account has been terminated so they can only ask for the arrears at time of default ,yes?

[Bazooka Boo]

Ok just done a quick search, and came up with this, but it clearly states that they must tell you a DATE by which to rectify the account;

Default Notices

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes

• a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
  
• a description of the agreement
  
• the name and address of both the debtor and the creditor
  
• details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
  
• a statement saying: if the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of that breach
  
• a statement saying: if you do not take the action required by this notice before the date shown then the further action set out below may be taken against you
  
• a clear and unambiguous statement saying that if the action is not taken by the date specified, what it will do (for example, if will it terminate the agreement and recovery possession of the motor vehicle)
  
• if the agreement is one of hire purchase or conditional sale, a statement saying: but if you have paid at least one third of the total amount payable under the agreement set out below (or any installation charge plus one third of the rest of the amount payable). The creditor may not take back the goods against your wishes unless he gets a court order. (In Scotland, he may need to get a court order at any time.) If he does take them back without your consent or a court order, you have the right to get back all of the money you have paid under the agreement set out below
  
• if an amount of money is required to be paid, the amount before deducting any rebate on early settlement
  
• statements saying:
  if you have difficulty in paying any sum owing under the agreement or taking any other action required by this notice, you can apply to the court which may make an order allowing you more time
  if you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor, your local trading standards department or your nearest citizens' advice bureau
  important - you should read this carefully
  
  

Under Regulations 33 of the Consumer Credit (Information Requirements and Duration of Licenses and Charges) Regulations 2007 the default notice must from 1 October 2008 also include the following statement:

You have the right to end this agreement at any time

before the final payment falls due. Note that this right may be lost if you do not act before the date shown (after which we may take action).

If the date for final payment has not passed and you wish to end this agreement, you should write to the person to whom you make your payments. You will need to pay £ if you wish to end this agreement by the date shown and we will be entitled to the return of the goods. You will also be liable for costs if you have not taken reasonable care of the goods.

If the default notice fails to include all of the necessary information, it is likely to be ineffective and will not allow the creditor to recovery the motor vehicle unless you give your consent to the recovery. So, what can you do if it is recovered against your wishes? The answer depends on how much you have paid to the creditor.

If you have paid more than one third of the total amount payable, section 90 of the 1974 Act states that the motor vehicle is 'protected' from repossession. So, if the motor vehicle is recovered then, under section 91 of the 1974 Act you are entitled to a return of all of the money you have paid to the creditor, regardless of how long you have had the motor vehicle.

If you have paid less than one third of the total amount payable, the motor vehicle is not protected from repossession. Instead, if it is recovered you can say that the creditor has wrongfully interfered with your right to possession of the motor vehicle. The Court cleared-up what this meant in Chartered Trust plc v King (2001) WL 172107 and decided that the debtor (i.e. you) are entitled to a return of all of the money paid to the creditor. Again, it is irrelevant how long you have had the motor vehicle.

Consumer Credit: Default Notices

[Bazooka Boo]

If the DN is anvalid and they have terminated the account then yes, they can only claim the arrears, but only if the DN is invalid.

 

Boo;)

[shredder10]

Ok thanks i will sit on it untill their next move

[Scrapper]

Hi all

 

Tescos also defaulted me on while on a payment arrangement.

 

Letter is dated the 10th March 2009 posted second class and only gave me 17 days to remedy after the date of the letter.

 

That means with the 4 day postage it offically arrived on the 16th due to the weekend and I had until the 2nd April to correct it if take into account the weekends which from my understanding it is working days only.

 

That left me with only 13 days to retify which makes the default totally invalid and also not giving me a date only a time frame makes it invalid as well.

 

Oh and then they terminated the account on the 8th April and threatened all sorts but haven't heard a word from them as I have been paying them monthly.

 

I have already repaid what was owed with regards to the default so in effect I owe them feck all.

 

I'm about to shot them in the arse and send a letter telling them to remove it or else.

 

Now I no I've got them they can play my game or swing for the rest. Remove default and play nicely and I'll keep paying. Refuse and I'll go the papers, MP and make it all very public. Happy days

 

The gaul of this company but what do you expect as they are associated with RBS the publicly owned bank.

 

Thanks

Scrapper Coco

Edited June 3, 2010 by Scrapper

[Scrapper]

I've just checked all my letters from Tescos as I wright the dates recieved on them and they are sending them second class as they are arriving 4-6 after the date they were written.

 

Thanks

Scrapper Coco

[cerberusalert]

If you work it out again in actual fact it would be three days short;

 

Send 2nd class = 4 days + the 2 days intervening weekend = 6 days. 17 - 6 = 11 days. Then of course there's the not so little matter of it not being 'date specific'.

[Scrapper]

Morning

 

I knew I'd got it wrong so thank you very much.

 

Been up since 5am as couldn't sleep due to me composing a letter to them in my head.

 

Thanks

Scrapper Coco

[cosmos70]

Hi Shredder, do you have any update on where you are with Tesco on this? My OH has same DN notice, same format and defects.

Thanks Cosmos

[Scrapper]

Hi Shredder

 

 

Morning

 

I like my new name.

 

I am still waiting to here back from them.

 

On a positive note Equifax have removed the default off the back of the letter I sent them. They have given Tesco's 21 days to respond and if they don't it's gone for good unless they can prove it was vaild.

 

Experian on the other hand are being somewhat more difficult. Quoting ICO regs etc but as I'm about to point out to them. They can point and hide all they want but if the DN is found to be unlawful I'm coming after them

 

Thanks

Scrapper Coco

[cosmos70]

Hi Scrapper Coco,

Sorry, first post on here, typical I got it wrong!! I had aimed to ask the Original poster of the thread where they were upto.

Thanks for your quick reply, your insight and update is most welcome.

I think we will follow the same track and see how we get on.

 

Did you send Tesco the Unlawful Recission letter?

Sorry again for confusion, and thanks in advance for any help you can provide.

Thanks Cosmos

[Scrapper]

Did you send Tesco the Unlawful Recission letter?

Sorry again for confusion, and thanks in advance for any help you can provide.

 

Yes I sent the unlawful recission letter one year after it had happened.

 

It is a long story but Tesco's are completely at fault due to them ignoring every request I sent them etc. Recorded delivery is a god send.

 

They kept telling me they had acted within the guidelines and had done nothing wrong. That maybe the case but they ignored me and then admitted it in a letter from te head of complaints. That's when I told them to either remove it or they won't get another penny and I'll see them in court.

 

I think someone has sat up and taken notice because they are still looking into it and it has gone very quiet indeed.

 

So fingers crossed.

 

Thanks

Scrapper Coco