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Everything posted by David963

  1. I did not go to any business premises, the agreement was as i recall sent by courier and i had to sign it at my front door, i did not get any other paperwork from them cancellation or otherwise and am not even sure i got a copy of the agreement. Anyway i need to fill in the court form with the tick boxes, do i ask for a month to try to wade through the SAR information supplied as there are a couple of £50 for letter addtions or do i just go to court (not an appetising prospect) or make an offer of repayment and see where it leads David
  2. Also it begs the question that if they have had this all the time why did they not send it in response to my CCA a year ago?
  3. Thanks, its nice to at least know where i am, so what should my next action be? do i make an offer or is it too late for that? David
  4. Not sure if this works, img008.jpg - Image - Photobucket - Video and Image Hosting On New Years eve i got the SAR stuff in the post, a lot of pages including a new CCA, i notice that i have "gold" cover for insurance and am pretty sure i would not have gone that far, i do remember feeling that if i did not take out the insurance they were not going to give me the loan, also i appear to have a first death policy built in (it is a personal loan) so i am a little confused. Further on the have page dumped from their scratchpad that i had sent them a letter giving them 28 days to provide a copy of the CCA, which is not correct they got a properly formatted request from this site, and they have written that it was sent out, never received, within the 28 days so as far as they are concerned they have fulfilled their requirements. I have to have the paperwork to the court by 6th which has given me little or no time to do anything, any suggestion as to what i should do next Thanks for your help David Also just noticed that they appear to have signed it a day before i did, i am certain that i never saw this originally.
  5. Thanks for the quick reply, the form from the court had no attendance date on it, it am required to complete a form wtih lots of tick boxes and submit it to the court by 6th Janaury (Sunday?) but i can tick a box to ask them to defer the case for a month to allow the two parties to try to reach some kind of agreement.(sorry dont have it with me as i am at work and am trying to remember what it said) it was a personal loan taken out in 2002/3 I will get the docs when i get home and try to work out how to post them David
  6. Apologies if this is a little disjointed, I have a debt with Sainsburys bank, i was made redundant a while ago (i have since found alternative employment) and foolishly stopped making payments. In december last year after finding this site and reading through a lot of helpful information i sent a CCA request to Blair, Oliver and Scott who were dealing with this, they did not reply to me at all and did not send me any information within the statutory guidlines, i therefore sent them a push off letter. In july of this year i got a summons from Northampton County Court from Sainsburys, i filed a defence that they had failed to supply me with any documentation, I did this online and there was some problem with the site as it could be read by the court people but had not been transferred from one system to the other, in the mean time Sainsburys filed for judgement but it was thrown out (i still dont know why) they clearly thought that this was a foregone conclusion because they sent me a letter claiming judgement had been granted. When my defence eventually reached them they send me an illegible copy of the agreement and stated that BOS had sent me one in March (still way outside the guidlelines and definitely not received) after i pointed out it needed to be a true legible copy they sent another, during this time i also sent an SAR request. I thanked them for this and pointed out that as soon as i received the SAR details i would contact them as i wished to progress the matter asap. I received a letter back from a different department stating that they would process the SAR within the 40 days required and about a week later i got a letter stating that they refuted my defence and had asked for the court to transfer neared my home. I received the court documents on Christmas Eve and have until the 6th January to reply What should my next move be? they have furnished me wth a CCA so the debt is there and it need to be paid, but nothing on the SAR at this time Do i make an offer of payment, or ask the court to defer for 1 month to try to resolve this? Any help would be appreciated David
  7. Sent a CCA letter to a DCA in June, finally sent me a letter in late september stating that as BOS had not supplied the agreement they were closing the account and sending it back, in the same postbag i get a letter from a different DCA asking for the same money. Do i need to CCA them or should i send them a copy of the other letter? David
  8. My scanner isnt great but then neither is their CCA copy, it appears to have been photocopied and is about 20% smaller than the page. Would appreciate someone having a look at it for me David
  9. They have on this occasion sent me a copy, so i am really at a loss as to why they did not send one before or if they did why, by their own admission, they took 3 months to do so unless they think they are above the law? David
  10. There are a couple of other threads with this, basically i had an unsecured loan with Sainsburys, problems ensued and i got the usual demands from Blair Oliver and Scott, having found this wonderful site i sent them a CCA request (recorded delivery of course) which they received on 5th December last year, i heard nothing back from them and in February sent them a nice "go away" letter and heard nothing further. Suddenly in July i got a summons from Sainsburys, i filed a defence which gave all of the info and pointed out the CCA faulure. This morning i got a letter stating that, according to their collection agency records, their representative Blair Oliver etc had sent me a copy of the agreement on 8th March and that they are of the opinion that the request had been complied with. By the terms of the CCA i should have been sent the info, allowing for the 12+2 and one calendar month around the 20th January, They have sent me a form to complete saying that i accept their explanation of the events. Should they not be requried to prove that they sent me this document? i want to write back informing them that they have admitted a criminal offence was commited, and requesting proof that they ever sent me these docs and also ensuring that they do not add any court fees to the total amount. does anyone have a template or example i can use as i am not that great with words. Many thanks David
  11. Had some past dealings with them, they kept changing their name so it was a bit difficult to keep track. Were trying to hassle me by phone but i dont talk to people so my wife was doing the interception, became a bit shy when asked who they were but we settle for "are you in Preston" as a means of identification. Finally after joining this great site i sent them a CCA request and a "stop phoning me" letter, they confirmed to me in writing that my number had been removed from their records but dont seem to have done anything with the CCA, but then they have also stopped writing altogether. David
  12. Just got a letter from the Court stating that they have now lodged my defence, i put it on the website on 12th August (fortunately i took a print when i did this as the date shown now is 5th September which would be outside the timeframe for entering a defence), they tell me that they have now sent a copy to the claimant with a view that it may be sorted out between us without going to court. The Claimant Sainsburys/BOS have ignored a properly formatted CCA request for nearly 10 months, what is the situation if rather than face a court and explain to a judge they simply send me a copy of the alleged agreement, can they simply get away with ignoring the law in this way. This all may be pie in the sky as they havent contacted me at all but i wondered what my position would be. I intend to make a formal complaint about their failure anyway and also about them sending me a letter claiming to already have been awarded judgement. Any help would be apprecieated David
  13. Exactly what i thought but when i mentioned it to the woman on the phone as i quoted from it she said that she was on a different system. I did make mention when i sent it that i had copy and pasted it from the MCOL site and i printed the defence and quoted time and date. Guess i just wait and see what happens, i suppose that as the court did not know about the defence then the bank would not have either. makes me wonder why their request for judgement was deemed invalid? David
  14. it gets worse.... I have now received an email from the court asking me to email my defence, i have cut and pasted it from the moneyclaim site so dont know what has gone on there, however i have now added a footnote to the effect that they sent me a letter 4 days after their case/judgement was deemed invalid (no idea why) stating that they had already obtained judgement against me. So it would appear that my properly filed defence never made it to court David
  15. Many thanks for you help Alleged debt is for an unsecured personal loan. as stated above i did sent one letter after additional month expiry is there something else is should send? David
  16. Looking on the moneyclaim site, it just shows the relevent dates of issue, acknowledgment and defence - nothing else. ODC i did sent BOS a sod off letter in february, i have a copy of that as well, also sent recoeded and delivered and no reply
  17. No i have never recieved anything from them. (other than the usual nasty letters and threats) the woman form moneyclaim is going to ring me back and i will then ask here to send me written notification of what she has told me
  18. This is getting stranger (or more interesting depending how you look at it) I just spoke to the moneyclaim people at Northampton Court and they tell me that Sainsburys tried to enter a judgement but it was refused and the case has been barred, yet i have a letter stating that they have obtained judgement. Waiting for the moneyclaim people to ring me back to find out what is going on David
  19. Yes i did submit a defence online, and yes they did receive the letter, i have the printout from the post office site confirming delivery of the CCA, I have just sent an email to moneyclaim asking what has happened and am awaiting a reply David
  20. A claim was filed against me by Sainsburys bank for an alleged debt, i had prevously (some 10 months ago) sent their representatives Blair Oliver and Scott a CCA request (they stated that they controlled the debt and all communication must be via them) i got no reply. it was sent recorded delivery and i still have the slip. In july i got a summons via Norhampton County Court, i went on to the moneyclaim site, acknowledgment of service thus giving me 28 days and then enterred the defence before that timelimit, that they had failed to supply the requested documentation within the legal timeframe, actually i still do not have anything from them. I have this morning received a letter from Sainsburys stating that the have obtained judgement, i have had no notification of court proceedings or anything. there is nothing on the moneyclaim site, i have had no letters and nothing to the email address that i had to submit. I am very confused, what do i do now? Any help would be appreciated David
  21. The "alleged" debt refers to a personal unsecured loan. does this mean something different where cca's are concerned, basically BOS have not at any time acknowledged my letters so do they know something i dont? David
  22. by the way, their is nothing in the paperwork, how long do i have to submit a defence?
  23. Thanks to you all for the info, i will contact TS asap, fortunately i keep everything to do with this, i have the original letters from Blair, Oliver and Scott plus the letters and requests i sent (including the recorded delivery slip and a printout from the Royal Mail site proving delivery) My concern is that although i was instructed to deal direct with Bliar Oliver and Scott they now appear to have passed it back to Sainsburys via BOS (not sure why they are involved other than as a parent company, got arsey letter from them couple of weeks ago as stated other than that this appears to be their first involvment), does this mean they did not own the debt, as they are all part of the same overall company does this have an impact, i dont want to go to court only to be told i am talking rubbish and they were not required to send me anything, Help please David
  24. I was receiving mail from Blair Oliver and Scott re a debt to Sainsbury's bank, i CCA'd them and they defaulted 12 + 1 month, i then sent a "bugger off" letter, i heard nothing for a couple of months and then got a letter showing a balance of about £700 and saying i must call them, the original debt was around £5000, as they had defaulted i ignored them, they sent one more and then nothing. About 2 weeks ago i suddenly got a letter from Bank of Scotland saying pay £5500 or else, i have been away working so was in the process of sending a CCA to them etc when i get a summons for Northampton Crown Court from Sainsburys bank. I know that Blair Oliver and Scott are part of BOS as are Sainsburys bank, i want to enter a defence but am not sure what to write, i have copies of the letters sent to them and ones received showing different balances. I was under the opinon that once defaulted they had to produce a copy of the original document before they could start hassling me again. Any help would be appreciated, especially if you could assist with suitable wording for any defence that i may wish to enter, also i live nowhere near Northampton is it not possible to ask them to move the location of this case Thanks David
  25. I posted previously about a company from Preston that were hassling me by phone etc but would not say who they were. I have now found out that they now call themselves iQor (previously legal & trade amongst others) I sent them a CCA as they wanted payment for a debt to Mastercard, no company name Goldish, Bank of Scotland etc Just Mastercard, the debt is for £700. i also enclosed a telephone harrasment letter. Their reply (if thats what it is) was recieved this morning, there is no mention of the CCA but they do say that they are offering me a: "substantial reduction on your outstanding balance" but only if i ring them within 72 hours of receipt of the letter. If i dont ring they will assume that i have no intention of clearing the debt and will instigate legal proceedings. my guess is that they dont have the paperwork, has anyone else received a letter like this from a DCA? Clock is running guys David
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