sainsbury's visa unfair charges- HELP!

[roxi2010]

Hi,

I have been in dispute with sainsbury's for 18 months due to them firstly dealing with my account and then adding charges whilst it was in dispute.

 

I have refused to pay anything till they take all the charges off that they have applied.

I have had an offer from them to take off some to get me to my credit limit which at first I was happy with

 

After doing some sums I realised they were very short of what they've added.

I sent them a letter saying I was refusing it and asking for the correct amount to be taken off

after which I would pay 60 pounds per month to clear the outstanding amount.

 

I have sent that letter three times and had no reply (the last was recorded)

I have however been receiving threatening phone calls and letters from debt collection agencies, some of which I have answered and explained the situation.

 

As a result they freeze the account for a couple of weeks.

I'm stuck as they won't reply

 

now I want to reclaim back all the charges applied to the account since it was opened,

is this still possible and can anyone advise me how to go about it given the situation,

 

thanks

carrie

[maroondevo52]

Hi, Carrie.

 

Yes, re-claim the charges, a letter like this should do...............

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

letter before action

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

Further to my preliminary letter of xxxxx with regards to charges levied against the above account,I note you have failed to respond and show no intentions of refunding the charges.

 

As indicated previously,I consider that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

Whilst I am mindful of the OFT investigation in 2006 of credit card fees,the OFT deemed that only a Court could determine the fairness of fees and so the £12 figure was only fixed as a guideline.

 

I make a further request that you refund to me £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX.

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I give you a further 14 days to comply,or else provide me with a full breakdown of your costs in addressing any breach on my behalf,which demonstrate clearly that your charges are in proportion to your actual costs.

Failure to do so,will result in me issuing a county court claim for recovery of the charges plus section 69 interest and costs.

 

Yours faithfully,

 

 

[signature]

 

 

[print name]

 

 

(text in red to be used/deleted as appropriate.)

 

Sig is optional and needs considering especially where issues remain with outstanding CCA requests.

 

Include schedule of charges.

 

 

Regards.

 

Scott.

[roxi2010]

thats great, thanks Scott.

[roxi2010]

Hi

I had a disputed debt with Sainsburys.

Foolishly i paid £10 in 2009 after being hounded and not knowing my legal rights.

 

In june 2014 after years of harassing me,

i finally got them to send me to small claims court.

 

I defended in full. In april 2015

They sent me a notice of discontinuance but refused to remove the default on my credit file.

That ended two years ago this coming Nov.

 

I have suddenly started receiving texts, calls and letters again from them clanking the debt is still outstanding.

 

Could someone please tell me my rights regarding this and how I should respond.

 

Right now i am unwell and the stress of this on top yet again, is getting to me.

Do i have anything to worry about?

[AndyOrch]

Ignore them...you cant stop them them trying to collect the debt..you will just have to put with the harassment...but they wont be going near a court room with it again.

 

Block their texts...file their letters...ignore their calls...will soon fade out.

 

As the debt is now statute barred ..consider sending them the appropriate SB letter.

 

Andy

[roxi2010]

Hi Andy.

Ok thank you for replying.

I was wondering whether sending them a copy of the notice of discontinuance would get them of back for good.

Is it pointless?

[AndyOrch]

They all ready have that so its pointless....It was Cabot that issued the claim in 2014 ?

[Bazooka Boo]

Like Andy says, ignore them, but keep a diary of events, and lodge complaints about them to the FCA and your local MP.

[ericsbrother]

the debt still exists, what has gone is the right for anyone to try and force collection of it. This will be your complaint- that their collection activity is in breach of the regs for such activity

[roxi2010]

They all ready have that so its pointless....It was Cabot that issued the claim in 2014 ?

 

Yes Andy

[roxi2010]

Like Andy says, ignore them, but keep a diary of events, and lodge complaints about them to the FCA and your local MP.

 

Ok will do thanks

[AndyOrch]

Then they dont need a further copy of the NoD....as above but I personally wouldn't waste the stamp...its statute barred.....pointless telling them that...they already know it.

[roxi2010]

the debt still exists, what has gone is the right for anyone to try and force collection of it. This will be your complaint- that their collection activity is in breach of the regs for such activity

 

I see. I will definitely lodge a complaint.