Help Sainsburys Court Problem!!!

[Guest dvdriley]

I have 2 accounts with Sainsburys. One was a credit card and one was a loan. The loan agreement was enforceable and I pay an agreed monthly amount which I can no longer afford. However the credit card account, I is not enforceable. For 9 months I have been requesting a cca. I has gone thgrough 5 dca,s. I have now been sent to agreements. One headed " CREDIT CARD AGREEMENT" and one headed 2 FIXED TERM LOAN AGREEMENT. bOTH HAVE THE SAME ACCOUNT NUMBER!! I cant possibly have 2 agreements with the same account. The top of the agrements look to be doctored.

 

I cant get a clear 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.

 

I have negative equity in my home with 3 charges on it due to a failed business. I want to pay them £1.00 which income and expenditure justifies.

 

When they sue for the credit they will have a problem as they will be relying on the same account number?

 

Where do I start. I have 20 days left

[GamekeeperToPoacher]

Hi dvd,

 

In my opinion the DN is faulty due to failing to give adequate time to resolve the breach.

 

Also the CCAs are dodgy as the agreement must have the correct title.

 

This will also bump you.

 

GK

[dx100uk]

i would also be inclined to scan up the agreements but remove pers inf.

 

dx

[the_shadow]

I have 2 accounts with Sainsburys. One was a credit card and one was a loan. The loan agreement was enforceable and I pay an agreed monthly amount which I can no longer afford. However the credit card account, I is not enforceable. For 9 months I have been requesting a cca. I has gone thgrough 5 dca,s. I have now been sent to agreements. One headed " CREDIT CARD AGREEMENT" and one headed 2 FIXED TERM LOAN AGREEMENT. bOTH HAVE THE SAME ACCOUNT NUMBER!! I cant possibly have 2 agreements with the same account. The top of the agrements look to be doctored.

 

I cant get a clear 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 £....

 

Where do I start. I have 20 days left

 

Ok if you have acknowledged the claim (you get 14+14+3 days to issue defence) then I would personally ask for a copy of the agreement, plus the default notice they say they are suing you for under a CPR 31.14 request. At the very least this would clarify which account they are attempting to claim on.

 

CPR 31.14 details here

S.

Edited August 19, 2009 by the_shadow

[Guest dvdriley]

thanks. I will sent cpr request. What if they do not respond to it and it gets near to cut off date?

[Guest dvdriley]

also can i ask the case to be transfered to my local court and is this the time to do it/.

[the_shadow]

thanks. I will sent cpr request. What if they do not respond to it and it gets near to cut off date?

 

You can either with help from this site put in an embarrassed defence and the judge should force them to disclose or a particularised defence with what info you have now...

 

S.

[the_shadow]

also can i ask the case to be transfered to my local court and is this the time to do it/.

 

When you send in your defence it automatically gets moved to your local court as you are a LiP and they are a company.

 

S.

[Guest dvdriley]

I need to put a defence by fax by tommorrow in respect of a cc debt over £5k. Bank failed to responde to cpr request. I cant seem to find an embarrassed defence template,

 

I waited till the last minute in the hope that Sainsburys would respond

[the_shadow]

Eeek!!:eek:

 

 

• I, ********** of ************** make this statement as my defence to the claim brought by **************
  
• The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
  
• No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information under CPR 31.14 on xx/xx/xxxx, none has been forth coming and as a result I cannot plead in defence to the claim
  
• Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.
  
• Further to that above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.
  

 

I believe that the facts stated in this witness statement are true.

Signed ________________________

Dated ________________________

 

 

Need to add in the date of your request.

 

S.

[Guest dvdriley]

thank you so much

[Guest dvdriley]

I have had confirmation from court that my embarressed defence was received and Sainsbury's now have 28 days to respond

[the_shadow]

Cool, its a case of wait to see their next move.

 

S.

[Guest dvdriley]

Well, their next move was .........

 

 

To send me a letter saying they had obtained judgement against me and if i do not make payment as per the terms of the judgement they will send a bailiff to seize goods

 

Now how can that be when I received a letter from court confirming receipt of my defence. They sent it to Sainsbuys who have 28 days to respond. The 28 days is up on 29th of Sept. Should I witre to sainsburys and tell them they have not got judgement or wait and hopefully get the case stayed?

[Crapstone]

It's probably worded a little more cleverly than that with an 'if' , 'should','could' or 'but' to mislead you. Keep it close to hand.

 

It's not worth writing to them and telling them anything that they should already know. Wait for the reply and then include it in your defence if needed, and then send copies to the court and the claimant.

[the_shadow]

Well, their next move was .........

 

 

To send me a letter saying they had obtained judgement against me and if i do not make payment as per the terms of the judgement they will send a bailiff to seize goods

 

Now how can that be when I received a letter from court confirming receipt of my defence. They sent it to Sainsbuys who have 28 days to respond. The 28 days is up on 29th of Sept. Should I witre to sainsburys and tell them they have not got judgement or wait and hopefully get the case stayed?

 

Personally I'd contact the court and ensure that for some freaky reason judgement by default has NOT been obtained. Its then a choice either to share their mistake and warn them or to keep it under the hat for further down the line.

 

S.

[r&b]

hi dvd,

as shadow says a call to confirm that judgment hasnt been made is essential given that you had potential time issues with your defence, even with court confirmation!

if this is so, id be tempted personally to keep this under my hat and add it to the dossier of iffy/confused CA(s), dodgy DN and lack of response to documentation rqsts,etc to stick under the DJs nose at any hearing whilst making the most of their lack of respect for the overriding objective of the CPR. wont win your case on its own but may put the DJ onside a bit.

then if judgment has not been granted i would report them to every relevant regulatory body known to man.

[Guest dvdriley]

ok, I spoke to the court, they tried to register judgement but it was refused. Presumably they have not realised this. They have til 30th Sept to reply to my defence. If they dont I can have the case struck out. What gorunds could Sainsburys have for trying to enlist the case again if it is struck out?

[Guest dvdriley]

by the way i previously offered them £20 pm but that was long before they started proceedings. I received a letter this morning saying they would now accept that!!!

[the_shadow]

ok, I spoke to the court, they tried to register judgement but it was refused. Presumably they have not realised this. They have til 30th Sept to reply to my defence. If they dont I can have the case struck out. What gorunds could Sainsburys have for trying to enlist the case again if it is struck out?

 

Shouldnt be any if memory serves me correct...against CPR to bring proceedings against a defendant if previously have answered the same proceedings.... you've filed a defence they either need to put up or discontinue I believe.

 

S.

[Guest dvdriley]

ok, well i will wait with baited breath for 30th to arrive!!!

[The GodMother]

they can apply for the judgement to be set aside as they thought they had already got judgement against u in relation to the deafult judgement but any court action would need u to be informed so u could argue your side of the request.

[Guest dvdriley]

is there a time limit for them to appply for judegement to be set aside

[The GodMother]

14 days normally unless u get a good judge.

[Guest dvdriley]

Sainsburys now want a consent order for £20.00 if i discontinue case, they will waive £190 court fee and not enter judgement, which thewy have not. if i refuse they will show court that they have tried to resolve matter, despite the fsact that i have been trying to resolve it for 12 months. what do you think>