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Tastethediff vs Sainsbury's Court Action - Help Required


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Please Help!!!

 

Mid May received Claim form from Sainsbury's Bank PLC

 

POC's as follows:

 

The Claimant's Claim is for XXXX(no pound signs lol) presently due persuant to a credit agreement entered into by the parties, full particulars of which have been supplied hitherto.

By an agreement dated 26/08/2004 the Defendant has an account number xxxxxxxxxxxxx with the claimant. The Defendant has failed or delayed to adhere to the terms of the default notice issued by the Claimant under the terms of the Consumer Credit Act 1974. The balance due as at 13/05/2010 on said account is xxxx.(again no pound sign, could be Lira)

 

 

Sent a CCA Request immediatley off to Sainsbury's, Reply and Terms attached.

Letter.pdf

Orig Agreement.pdf

Last Agreement.pdf

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tastethediff

I see that you have filed an AOS and also an embarrassed defence. Well that should give you some space to organise.

An application at this stage under S77/78 of the Act isn't much use. Those sections are to enable you to get information about the credit agreement you entered into.

You might think the easiest way for a creditor to comply would be to simply photocopy the agreement or to print off the scanned version of the signed agreement. However, as many people discovered, the banks were less compliant than they should have been when signing up customers in the 1990s and later.

When people realised banks didn’t have enforceable agreements, a number of 'credit management' companies sprung up and lodged applications before the courts. As a result the courts decided to hear some 'leading cases' to give guidance and last year, Judge Waksman in Manchester laid down that guidance in a series of cases often quoted as Carey v HSBC after the first case. Judge Waksman stated as the outset of his judgment that the case related just to S77/78 applications. Basically, he allowed banks to ‘reconstruct’ agreements from their other records to comply with section to provide information.

The judge did not say that a reconstructed agreement would be acceptable to prove a claim by a bank but yet that is what a number of banks and their solicitors are now claiming before county courts.

Sainsbury’s have responded to your S78 request by predictably ‘reconstructing’ the agreement. You need to get the original or a copy thereof and for that you have to write a letter under the Civil Procedure Rule 31.14. This only applies to obtain copies of documents referred to in the POCs and does not apply in Small Claims cases (usually ones below £5,000). You should send off a 31.14 letter as 42man advised without any further delay.

The next stage is that very shortly the case will end up with your local court who will send out an allocation questionnaire.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Thanks for the Info Docman, do I need to send a postal order , should I send it recorded delivery?

 

Any advice on the content of the 31.14 request would be greatly appreciated,

 

many thanks

Edited by tastethediff
typo
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Sent my CPR 31.14 request off today, when I got home I had this reply from Sainsbury's to my earlier CCA request.

 

You were right about the reconstituted part Docman!!

 

There was no date under the signature on the agreement either.

 

Any thoughts on the agreement at this stage?

S(78) reply.pdf

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Hi The Mould,

 

Sainsbury's Bank are suing me direct, I haven't had a default notice , at least I can't find one.

 

 

Hello TTD,

 

Sainsbury's mention it in their POC's, did you request the document in your CPR request?

 

What is the name of their Solicitor, from their legal department?

 

Kind Regards

 

The Mould

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Then part of your defence will put them to strict proof that they sent it. Also in my case v MBNA they had admitted they didn't even have an application form, turned up to court with blank agreement and just kept repeating that I had had the money and it was still owed, the DJ was totally on the ball and asked several times whether they had an agreement and they had to admit they hadn't seen one. Discontinued.

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