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cabot/reston claimform for old sainsbury credit card 'debt'


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Hi All,

 

My problem is this (this could turn into a rant due to me frustration, so apologies now lol):

 

I got a credit card with Sainsburys bank in 2003

 

In 2006 I had an accident and ended up out of work,

as a result i incurred an awful lot of overlimit and unpaid DD charges plus interest.

 

I went for debt advice and was told to offer a £1 a week for the foreseeable future while I got back on my feet.

(At the same time I nearly lost my house and had to VS my car and i was suffering with anxiety and depression)

 

What I wasn't told by Sainsbury's Bank is that the agreement to pay a £1 stopped after 12 months.

I didn't receive a letter to inform me of this until I received a letter saying thank you for setting up a DD.

 

By then they had started charging my account with interest and all the charges.

The DD were coming out at the minimum but the chrages and interest were swallowing it up

and I was not paying anything off at all.

 

After getting advice I put the account into dispute (which I was told would freeze interest and charges while we worked it out)

This did not happen and they continued to take payments.

(this was causing me to incur bank charges too so I cancelled the DD that I didn't set up in the first place.

 

I sent out a letter of complaint and officially put the account in dispute.

We negotiated via letter ( some of which I have) and they offered to refund a small amount of the charges.

 

While this was going on they were still sending debt collection letters too)

I sent a letter saying thank you for your offer however I will only accept a full refund of all charges and interest applied to my account,

I then said I would then be willing to set up a standing order to pay back an amount that I could afford per month

and obviously not use the card again...

 

I never received a reply although I sent the letter 3 times recorded delivery (I might have the proof somewhere...)

 

While awaiting a response it was passed to a debt collection agency,

then another,

then another

and has been so for the past 5 years.

 

In this time I have attempted to sort this out by explaining to the debt companies that the account is still in dispute

but they will not listen and insist I owe it.

 

The amount in question is £2770, the majority of this is charges applied before and during the dispute.

 

I received yet another different debt agency letter last year and stupidly thought that I was over the 6 year mark.

The reason for this is that I did not ask or acknowledge the debt willingly after they revoked the £1 agreement

and forgot that they had took it upon themselves to set it up themselves.

(they have also done this in 2011 with my new account, I have no idea how they got my bank details)

They didn't take anything and a dd wasn't registered with the bank so I must have cancelled it in time)

 

As I have had approx 8 different debt agencies sending letters but never taking it to court

I assumed it was because they knew that an account with charges etc was not going to be an easy one to win.

 

I wanted to get this resolved but my experience of courts has not been a fair one.

 

I have a letter stating that I am seriously disputing the amount owed

and i have a response from Sainsbury's offering a refund of some of the charges.

 

Can anyone offer advice on where I stand with this please?

 

If I have to pay all of this when I did try to resolve it 5 years ago I will be devastated,

especially as most of it is unlawful penalty charges...

 

Sorry for such a long post andthanks in advance.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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i really need some advice on whether i have reasonable argument that the account was in dispute when it was passed on to the DCA.

Also, do I have an argument against not paying the penalty charges back?

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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1) You shoudl of challeneged the DD when it was set up without your consent

2) The last payment made is when the 6 years start.

3) SAR The original Lender, ask for everything. You are looking to tot up all your Penalty Charges and PPI If you have all your statements action 3 but move to 4

4) Follow RECLAIM process for credit card charges. As soon as you start that process the account shoudl be locked in dispute untill it is resolved.

 

Different Banks, Same Process

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page4

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423796-SabreSheep-Vs-Natwest-Moorcroft

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Can you post up the particulars of claim shown on the court claim, so that people can advise. This is so that people can suggest what letters to send the claimant and also what you can put in your defence when it is due.

 

Be aware that some of the legal bods are not around at the weekend, so you may too many responses until Monday.

 

It would be worth sending Sainsburys bank a Data Protection Subject Access Request to get hold of all the account information they hold. If there is any court hearing at some point, you might benefit from having all of the Sainsburys info.

We could do with some help from you.

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Have you received a N1 claim form from Northamptoon?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Have you received a N1 claim form from Northamptoon?

 

yes i have

I will post up POC asap

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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I am going to leave my acknowledgement of service until mon pm just before I leave for the airport.

 

If anyone can shed some light on my situation by then that's great.

 

I really want to know before I reply to the courts whether I should defend all of the claim or only part of it?

If i defend only part as I do know a small amount that isn't penalty charges and interest,

i need to give a figure that I believe I owe.

 

I simply cannot do this before I go away due to work commitments and I may not have all the statements

( after working it out it may turn out that I do not owe anything too).

 

If I do have a reasonable argument for the way I have been treated

and I can defend all of the claim on these grounds I would like to know.

 

I SAR sainsburys and received only statements a few years back.

Edited by dx100uk
claimform redacted & rotated - dx

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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  • 3 weeks later...

I just back from my hol, before i left I decided to defend all of the claim.

Just wondering if anyone has looked at the POC's?

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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You could CPR 31.14 for the NoA...and CCA section 78 for the credit agreement.

 

Regards

 

Andy

We could do with some help from you.

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You could CPR 31.14 for the NoA...and CCA section 78 for the credit agreement.

 

Regards

 

Andy

 

Thnaks for responding

 

I am sending a CPR today,

they have already sent me a copy of the credit agreement, it is hard to read the T&C's as its a photocopy

 

The problem is that i only have till the 23rd of july to file my defence.

I do not know what to put on the form.

 

I havent mentioned that before I came on to this site for advice

I trawled the internet debt advice websites where I was advised to contact the FOS by the National Debt Line.

 

I called them on the friday before i went away and made an official complaint against the OD as advised.

While I was away I received a call from the OD,

they were courtious and were asking what the issue was.

 

I spoke with them regarding the account being in dispute when it was passed on to DCA

and the penalty charges being added while the account was in dispute.

 

He said he would look into my account and see what he could find but as it was more than 6 years ago

they may not have any account information on the debt.

If it was passed on he said they may not be able to provide anything at all.

 

IF so, this means that the only statements for the account start from after when the AVI was set up

and shows when it ended that I was paying the minimum again

but the penalty charges and interest were more

and therefore not bringing me back into my arranged credit limit.

 

Do i file a defence based on the account being made up mainly of penalty charges and interest

and that the account was in dispute when many of them were being applied?

 

Should i also state that sainsburys passed the debt without sendinga a final response to the dispute?

 

The only paperwork i have recieved from the claimant is the credit agreement statements from the last six years

showing clearly that penalty charges and interest were being applied

and the minimum i was paying was not bringing it back into my credit limit.

 

I have posted regarding my fos complaint with sainsburys on the post before.

I think this is relevant as they have said they might not be able to provide me with account statements beyond 6 years.

This would make it impossibe for me to know exactly what is charges and what is not

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Help anyone?

 

I have sent cpr request

 

should i send cca request too even though i have the credit agreement?

 

also, sainsbury's have been in touch to say the have the statements and paperwork which they will send out.

Am i still ok to defend the full claim once Ive receive these?

 

It will take some time to go through and see what i actually do owe if anything at all after charges and interest are taken off.

 

i am also wondering whether they might drop the whole claim if i show them in my defence that the account

was definitely indispute when it was passed to debt collectors...

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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If you have never requested a CCA from Cabot .....yes.Also nothing to stop a creditor assigning a debt in dispute.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you have never requested a CCA from Cabot .....yes.Also nothing to stop a creditor assigning a debt in dispute.

 

I was told it couldn't be passed on when it's in dispute without a final response.

 

I have spoken with Restons and they are refusing to extend the date for defence as they believe the CPR and CCA information has no bearing on my defence. I have asked for this in writing. They are being very uncooperative.

 

In the mean time i have been on to the guy handling my FOS complaint at Sainsbury's and he is sending me a copy of the original credit agreement hopefully before the defence date.

 

What should i do now?

Can i say in the defence that i have no proof they own the debt until i receive the CCA & CPR paperwork back from them?

Do I still maintain that it is made of penalty charges?

I'm really worrying now, I need to file my defence by weds...

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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