Lexis200 v Tesco

[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/s...scodefault.jpg

...and the subsequent termination
http://i508.photobucket.com/albums/s...ermination.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

[Steward]

You can use Google to search the web using these links below:-

[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

[andyr666]

Tesco PF are not very good at the default thing, and it is not through lack of practice. My wife and I have been issued 3 each and all flawed like yours for one joint debt

[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

[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

Round 2 ding ding.

[andbrat]

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

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

[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

[underdog13]

Me neither