Help Sainsburys Have Issued Proceedings

[Guest dvdriley]

I have been followiung various threads for 12 months now regarding unenforceable agreement. Sainsburys are the first to issue proceedings, received today.

 

I have 2 accounts with Sainsburys. One was a credit card and one was a loan. The credit card was enforceable and I pay an agreed monthly amount. However the loan account, with a totally different account number, I do not beleive is enforceable. For 9 months I have been requesting a cca. I has gone thgrough 5 dca,s.

 

What they always send is the credot agreement for the credit card which has the credit card account number. They have never sent a cca for the loan account.

 

How do a start my defence?

[Alphageek]

Can you please post details of their Particulars of Claim (remove all personal info), did they attach a copy agreement, default notice and/or termination notice?

[the_shadow]

As legal proceedings have been initiated you may want this moved to the legal forum, if you do..click on the red triangle and request the move.

 

S.

[Guest dvdriley]

thanks for the reply Alpha.... I made the mistake, they have issued proceedings for the correct account. I was paying a set amount per month but could no longer afford it alhough I can now pay a lower amount.

 

They sent DN dated 14th August 2008 pay before 28th August which, by my understanding, did not give me enough time. However they never sent a termination of account letter or assignment to Blair Oliver. Is it worth fighting on the invalid DN or could they just issue a new one?

 

http://i518.photobucket.com/albums/u348/dvdriley/court2.jpg

[IdaInFife]

canlt really see the scan, too much light.

 

after the DN were they asking for the full balance?

 

if you do have a invalid DN you can assume the accoutn was terminated as you did not rememdy and presumably been asking for the full amount so you would only be liable for the arrears on the DN

 

Ida x

[Guest dvdriley]

thanks Ida.

 

There seem to be alot of presumes!!!

 

Has anyone ever won based on an invalid dn that you know of. I have never received a terminationj letter. Cant they just re issue one? I will have to look more into this

[nicklea]

As ida says, it's too difficult to read the poc. If they haven't supplied you with a copy of the agreement yet you will need to refer to that in your defence.

 

There are lots of defences on here for you to adapt and use in your own situation.

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further.html

 

 

you need to ask for cca, defualt notices and termination notices,

really need to see the POC's

 

ida x

[Guest dvdriley]

Thanks for the replies, sorry for delay in posting been feeling yukky with flu. I cant get a clearer copy so this is what is claimed:

 

THE CLAIMENTS CLAIM IS FOR £....... PRESENTLY DUE PURSUENT TO A CREDIT AGREEMENT ENTERED INTO BY THE PARTIES, FULL PARTUICLARS OF WHICH HAVE BEEN SUPPLIED HITHERTO.

 

BY AN AGREEMENT DATED ....2005 THE DEFENDENT HAS AN ACCOUNT5 NUMBER ........ WITH THE CLAIMANT. THE DEFEFENDENT HAS FAILED OR DELAYED TO ADHERE TO THE TERMS OF THE DEFAULT NOTICE ISSUED BY THE CLAIMENT UNDER THE TERMS OF THE CDONSUMER CREDIT ACT 1974. THE BALANCE DUE AS AT 23/7/9 ON SAID ACCOUNT IS £....

 

I have sent back acknowledgement stating my intention to defend the claim. This is a loan from Sainsburys bank taken out in July 2005 with an enforceable agreement. I also have a credit card agreement with them. Now this is the interesting bit. Both agreements sent to me have the SAME ACCOUNT NUMBER but both agreements are totally different. One contains my signature and one does not. One is headed CREDIT CARD AGREEMENT and the other is headed FIXED TERM LOAN AGREEMENT. Looking at the balances I am presuming it is the fixed ternm loan agrement they are suing for. As for the DN . I received a DN on August 16th 2008 ( Saturday ) dated 14th August 2008. Arrears of £.... had to be paid by 28th August 2008. Since then I have not received any termination notice or assighment of loan to Blair Oliver who have been writing ever since.

 

Now I have to start putting my case together.

 

1. I have been sent 2 agreements both different but both with the same account number

2. The one I believe they are suing for is not signed by me but stamped over it is CUSTOMER COPY.

3. The DN did not give me enough time to adhere to ie 14 days.

 

As a side issue I am still being pursued by Robinson Way for the credit card debt. They have sent a credit card aghrrement with the same account number as the above headed CREDIT AGREEMENT.

 

Where do I start. I have 20 days left

 

Where do I start