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    • Typical defence that you would expect in response...reads rather like a witness statement than a defence.   Be wary of point 25 .....are you currently indebted to the agreement ?.....they are relying on CPR 16.6 to use a set off defence.   Andy
    • Thanks Andy - I really do need to read up!  
    • I am going through an ongoing dispute with Sainsbury’s re them not backdating my default. This is my complaint    I would like to further the following complaint registered initially in September last year.   You18 Sep 2019 7:05PM I entered into a Debt Management Plan via Stepchange in 2018. Having checked my credit report I have noted that you have not defaulted my account in relation to this DMP despite going into arrears. The OCI advises that as a general guide defaults should be recorded between 3–6 months after the arrears were first incurred. All my other creditors have defaulted me within 12 months of entering the DMP which has resulted in the correct entries being on my file for the correct amount of time, namely 6 years, and I would ask that you consider amending my record and recording a default at the correct time on my file. Obviously the failure to record the default has an adverse effect on my credit rating as the debt will remain on my credit report now 6 years from the date that the debt is paid in full which is due to be 2022 and therefore will remain there until 2028 .I look forward to hearing from you as to whether you are willing to amend my records and mark the account as defaulted.    Even though I kept reiterating my complaint and saying I wanted this to be in writing only due to my anxiety and mental health Sainsbury’s bank still Insisted on me calling. I suffer badly with anxiety, panic discorder and depression and have done so and been Medicated for this since 2008, shortly when my money problems started. As I am sure you can understand speaking about this on the phone gives me a large amount of stress and makes it impossible for me to think clearly and retain information afterward. Further to these emails I was asked AGAIN to call Sainsbury's, I felt I was getting nowhere and forced into this method of communication. I spoke to an advisor who insisted that AP markers were not as bad as a default on my account and would not drop off longer. I am sure you can find a recording of this conversation and listen to it yourself. I was made to feel stupid for this complaint and that I was in the wrong and that for my account to be defaulted would be much worse for my credit score on the future. The lady almost scoffed at what I was sayIng. I came off the call and felt silly and wrong, I decided to leave it as I thought a trained member of your staff had told me otherwise. I have now spoken to various trained professionals who have indeed confirmed I was right in my original complaint and that the AP markers will adversely affect my account for longer ! I am very upset I have been given false information which led me not to carry on with my complaint adversely affecting my credit and ultimately my future.  Please can this complaint be passed on to someone higher in the department who understands how this works. I would like my account defaulted from the missed payment dates in 2018 and a response to my complaint ASAP. I hope you can appreciate this Is an urgent and serious matter.   - Sainsbury’s have got back to me and said they won’t uphold the complaint. They say the advise given about AP markers affecting your account less than defaults is correct which it clearly isn’t and that I didn’t state at the time when I was requesting everything in writing my mental health issues they were still ok to insist on my calling instead of communicating with me in writing which I think is incorrect, if I have requested communication in writing then they should do it whether they know the ins and outs of my health.   can anyone advise on how I can respond to them?    TIA
    • Not section 75...thats for credit card payment.
    • Unfortunately I haven't no, I believe that it might still be a possibility to do so, however as I was cancelling under the 14 days I didn't think it would be beneficial. 
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      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
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    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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  • 2 months later...
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Received the following in the post today. I am currently ignoring correspondence from them but the wrecking of the credit file is causing me some irritation. They also state that they may pass on the (alleged) debt for collection which I believe they are not allowed to do when the account is in dispute.

 

http://i597.photobucket.com/albums/tt51/greatburdon/NatWest14sept.jpg

http://i597.photobucket.com/albums/tt51/greatburdon/NatWest14septcont.jpg

 

Not sure whether to respond.

 

greatburdon

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i like the fact that they state that interest will still accrue at the contract rate. Seriously, they already admitted that they have no record of the said contract. so how can they keep adding contractaul interest when theres no evidence of the original contract ever being in place to start with?

 

Lol they make me laugh so much its pathethic

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Hi Teaboy

 

Just a joke with these guy's.

My account is in dispute, had letter saying investigating my complaint would respond in 28 days. They slap Default on account during the extra 28 days they requested. I posted it up on my LTSB thread if you want to take a look.

 

Good Luck

 

 

Ang

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Hi Teaboy

 

Just a joke with these guy's.

My account is in dispute, had letter saying investigating my complaint would respond in 28 days. They slap Default on account during the extra 28 days they requested. I posted it up on my LTSB thread if you want to take a look.

 

Good Luck

 

 

Ang

 

Hi Angmarie

 

If youve already sent a CCA request, then if they take longer then 12 days + 2 (for time in postage) to provide you with the cca then they have commited an offence of non complience. so send them the non-complience letter. then after 30 days from the day of your request they will be in default on the account and as such the debt can not be enforced and all measures to collect the debt should be stopped (and hopefully any records added to your CRA will be stopped if the test case in a week or so from now is successfull) while they remain in default on the account. also they have to stop all interest being added while the account is in default.

 

so yeha if they sent you a letter stating it will take them 28 days to investigate your complaint then let them. cos after 12+2days theyll still have committed and offence regardless and after 30 days the account in default and can not be enforced. so they will have ****ed up if they use those 30 days to investiagte your complaint which was infact a CCA request not a complaint.

 

i will have a look for your other thread and give u a response for that one to with regards to them issuing a default during the 28 days they requested.

 

lol i love it when they **** up, expecially when they think they know more about your legal rights then you do

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Hi Angmarie

 

If youve already sent a CCA request, then if they take longer then 12 days + 2 (for time in postage) to provide you with the cca then they have commited an offence of non complience. so send them the non-complience letter. then after 30 days from the day of your request they will be in default on the account and as such the debt can not be enforced and all measures to collect the debt should be stopped (and hopefully any records added to your CRA will be stopped if the test case in a week or so from now is successfull) while they remain in default on the account. also they have to stop all interest being added while the account is in default.

 

so yeha if they sent you a letter stating it will take them 28 days to investigate your complaint then let them. cos after 12+2days theyll still have committed and offence regardless and after 30 days the account in default and can not be enforced. so they will have ****ed up if they use those 30 days to investiagte your complaint which was infact a CCA request not a complaint.

 

i will have a look for your other thread and give u a response for that one to with regards to them issuing a default during the 28 days they requested.

 

lol i love it when they **** up, expecially when they think they know more about your legal rights then you do

 

they dont commit any offence but they are then in default of the cca

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i like the fact that they state that interest will still accrue at the contract rate. Seriously, they already admitted that they have no record of the said contract. so how can they keep adding contractaul interest when theres no evidence of the original contract ever being in place to start with?

 

Lol they make me laugh so much its pathethic

What you need to remember is that their actions are unlawful. If they have added interest and sent a DN without comlying with your CCA request, this can be redressed eventually.

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Hi teaboy

 

Yeah I know what your saying, but it doesn't stop them though does it.

Then its real hard getting that default removed.

Thanks for your comments.

 

 

Ang

If they do get to court and the judge finds the agreement unenforcable, then is the time to insist that the judge orders the removal of defaults.

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What you need to remember is that their actions are unlawful. If they have added interest and sent a DN without comlying with your CCA request, this can be redressed eventually.

 

Exactly. but personally if it were me id wait for them to terminate the account so can sting them with the unlawful recission of contract too. as they cant lawfully terminate the account without a lawful default notice being issued first, and since they issued the default while the accout is in dispute makes that default unlawful.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 1 month later...

Triton services are still sending Payment Demand letters despite me sending them the letter below. How do I follow this up?

 

Triton Credit Services

PO Box 5827

Basildon

SS14 1XS

 

Your Ref:

 

 

ACCOUNT IN DISPUTE

 

 

 

Dear Sir or Madam,

 

Account number

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Nat. West. Bank Plcand has been since 1st June 2009. This is a breach of OFT collection guidelines and the Data Protection Act 199.

Nat. west. Bank Plc confirm in a letter to me dated June 12th 2009 that they are unable to locate an executed Consumer Credit Card Agreement for the above account. As Nat. West. Bank plc are now in default of OFT Collection Guidelines and in breach of section 10 of the Data Protection Act; I consider this account to be in SERIOUS DISPUTE.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to Nat. West. Bank Plcfor resolution of these defaults and breaches, as Triton Credit Servicescannot lawfully pursue any enforcement activities.

If Triton Credit Serviceschooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guideline.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours

 

Thanks ... greatburdon

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  • 2 months later...

Received this morning a letter from Green & Co who are obvo Nat West/RBS disguised as solicitors:roll:

 

http://i597.photobucket.com/albums/tt51/greatburdon/Greenco.jpg

 

As the OC (Nat West) have already stated in a letter to me that they are unable to find a copy of my agreement and Triton have now passed this on despite my letter asking them to return this matter back to Nat west, where do I go from here?

 

Thanks

GB

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Thanks for the swift reply diddy. The lack of any agreement will be easy to point out to them but I am unsure if I too have been issued with a defective DN, how would I know?

 

GB

Edited by greatburdon
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