STATUE BARRED 3 YEARS AGO

[SHELBELLE]

I CCA'd Sainsburys back on 07th May 2008, nothing received as yet.

 

Have had numerous telephone calls so I sent harrassment letter, they duly replied on 07th Aug stating that they would put calls on hold however I may receive calls if the reduced payment is not received each month.

 

Also stated that my account is 4 months in arrears and when it reaches 7 months they would register a default notice and pass on to B.O.S.

 

On 20th Aug I received a Default notice from Sainsburys with the usual pay up demands.

 

I was under the impression that as the account was in dispute due to no CCA being provided and that a default could not be issued.

 

Am I correct? Any help would be appreciated.

 

Also they have started with the phone calls again dispite my harrassment letter and reduced payments being made!!!

 

Help!!!!

 

Really wanted help with what to do with this one, are there any suitable letter templates as I am not having much luck with locating anything relevant>

 

Cheers

 

S.B.

 

 

[cashins]

Hi

 

Write a letter of complaint to them regarding the fact that they are in default of your CCA request and should have suspended collection activity while your account is in dispute. Ask them to provide a copy of their complaints policy while you are at it.

 

Write a letter of complaint to your local TS pointing out that Saisburys are in breach of both the Consumer Credit Act 1974 and OFT Guidelines which means that they fall foul of the CPUT Regs that became LAW May 2008.

 

David

[twofoot]

In your letter tell them that you ain't paying a penny more till you get the cca. Tell them you will not correspond any more until you get the cca. Be prepared to get their threats, but with no cca they are powerless.

[SHELBELLE]

Cashins & Twofoot

 

Thanks so much, I thought I was correct in my thoughts.

 

BTW they called at 8.30am this morning and I wouldn't confirm security and asked for his name, address and DOB, he said the call wasn't about him and the calls will continue until I speak to them, all dispite acknowledging my harrassment letter. GOD help us!!!

 

Letter will be drafted today and I will try and post on here for approval!!!

 

Been busy with a letter back to the bullies at Sainsburys;)

 

Just wondered if I have covered everything and/or need to add any relevant banana quotes:confused:

 

Hope someone is able to help!!!

 

Thanks in advance

 

[ATTACH]3637[/ATTACH]

[Guest dvdriley]

Thought you might be interested in this letter I sent as after 2 requests no cca received but BOS issued default noitice:

BANK OF SCOTLAND

RETAIL BANK COLLECTIONS

PO BOX 607

TRINITY ROAD

HAILFAX ACCOUNT IN SERIOUS DISPUTE

HX1 2UJ Formal Complaint

 

2nd September 2008 Letter before Action

 

Dear Sirs,

ACCOUNT No

I write with reference to your illegal default notice. I wish to draw you attention to your company's lack of compliance with my legal request.

 

On 21st July 2008 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8 with a £1.00 postal order. This letter was sent by recorded delivery and signed for on 22nd July 2008. As I received no response a further request was sent on 19th August 2008 by recorded delivery. It was signed for on 20th August 2008.

You have failed to comply with my request

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. These limits have expired.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

 

Therefore this account has become unenforceable at law.

 

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

Furthermore I shall counter-claim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

After taking advice, I am also of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

[SHELBELLE]

Dvdriley

 

Thanks sooo much, that's more like it, I will copy and use your version if you don't mind???

 

 

 

Cheers

 

S.B.

[Guest dvdriley]

No problem... keep me posted

[SHELBELLE]

Thanks Dvd,

 

Just 1 question do I put "Account in serious dispute & formal complaint" next to the address as you have, if so is it just to get them to take a bit of interest? Does it need to go on the envelope??

 

 

Thanks

 

S.B.

Edited September 2, 2008 by SHELBELLE
error

[Guest dvdriley]

Account in serious dispute only for your letter

[SHELBELLE]

dvd

 

Just realised, having a very blonde moment!!!!

 

Sorry all you blonde CAG'ers. joke obviously!!!

 

All done and ready to go.

 

Will keep you posted.

 

Thanks ever so !!

 

S.B.

[noomill060]

shelbelle- I think you have things covered, but if you want more advice, you could PM one of the CAG site team.

 

If you dont know how to do this, you could click the red triangle and send a "help" message.

 

I really think Sainsburys need a good kicking over this - the "big guns" on the site team will help you out.

[SHELBELLE]

noomill

 

Thanks for your post. I am quite content with the letter from Dvd and am going to post in the morning.

 

The blighters have called 3 times frOm 8pm tonight it went like this:~

 

20.05 pm they hung up without speaking!!

 

Sains:20.20 pm Lovely chap (not) is that Miss xx

Miss xx: Yes

Sains:Can you confirm your Year of birth?

Me: No can you confirm yours?

Sains: Yes it's 1990!! (how sweet!)

Me: God you are so young aren't you?

Sains: Can you give me your year of birth?

Me: No I don't give that info out over the phone

Sains: Well these calls are going to continue and charges will continue to be added and you may get a visit at home (and I thought he was a sweet adolescent)

Me: They are more than welcome

Sains: Dead line!!!!

 

Then at 20:40

 

Them: Is that miss xx?

Me: Who's that?

Them: Is that Miss xx

Me:Who are you?

Them: Is that Miss xx, this is a private banking matter call

Me: Who are you, where are you calling from?

Them: Is that Miss xx, this is Blair Oliver Scott about a banking matter

Me: Sorry don't know who you are, so can't help you

Them: You need to speak to us to sort this out tonight to stop the calls, can you just go through security

Me: No sorry

Them: I will give you a number to call tomorrow then

Me: Sorry can't afford private calls

Them: Well this needs to be sorted out tonight

Me; Sorry can't help

Them: Ok then bye.

 

I think I won't bother with the dialogue anymore, is quite entertaining though!!

 

The last call was obviously being typed into a computer as I could here her, do they ever use this against you if it went to court, or is it normally just for their records???

 

Anyway passed away a little time tonight, now for the red vino, LOVELY,even though it was 2 for a fiver!!!! such a cheap date.

 

 

S.B.

[SHELBELLE]

Letter posted yesterday, jsut waiting for it to come up signed for on track and trace.

 

No phone calls yesterday, it's gone a bit quiet, wonder what they are up to. Maybe they are searching their archives for my CCA???

 

Will post again when I hear anything.

 

As for all my other Creditors, might just hit them with a letter regarding no CCA'S.

 

 

Watch this space

 

S.B.

[SHELBELLE]

Well I don't believe this now!!!!

 

My above letter was signed for on 05th Sept so all well and good.

 

Just opened a letter from Sainsburys stating the following:

 

 

"We have been trying to contact you recntly regarding the position of your account, as detailed above. Unfortunately WE DO NOT HOLD A RECORD OF YOUR CURRENT TELEPHONE NUMBERS!!!!!(really?)

 

Please call our helpline on the number above. One of our operators will be able to assist by updating our records with the correct contact details, and can also take a payment by switch or delta debit card.

 

We felt it necessary to bring this matter to your attention as soon as possible as an arrears or overlimit can result in transactions being declined. You will also incurr charges until the situation is resolved.

 

We look forward to hearing from you.

 

Sainsburys etc etc

 

Absolutely unbelievable, they've had the harrasment letter prior to the above letter, phone me up to 4 times a day, and now hey presto they don't have my number!! What fecking ballacks.

 

I had even started my call log on them, which the lates entry was yesterday.

I am now even more confident that don't have my CCA otherwise they wouldn't be trying to cover their arses with this letter.

 

Just need help on what to hit with them next.

 

Anyone got any ideas???

 

Many thanks in advance

 

 

S.B.

[SHELBELLE]

Another thought:

 

Because I do not have recording equipment, how would I prove the constant calls, will it be a case of their word against mine??

 

 

Help please:mad:

[OnMyWayOut]

Keep a log - write down the date, time, caller's number/company, etc. Keep it neat & tidy, don't tear out pages. This way you can keep up a record that is useful to back up a complaint.

[SHELBELLE]

omwo

 

Thanks for your comment, I have already done this, I jot it down and then put all the info on a spreadsheet saved on my pc, so it wont go missing and can printed off neatly.

 

Really wanted to know if anyone had any suitable letters to send that are relevant?

 

Couldn't get online yesterday as my parents are stuck in Cuba with hurricane Ike, still trying to sort the problem out today.

 

Briefly, I wondered if anyone couldn't give me some advice on what to write in a letter bcak to Sainsburys in response to their letter

 

. Also forgot to mention that they obviously back dated it to 29.08.08 as it was received on 05.09.08.

 

Think they are trying to make it look like they haven't phoned me, stupid people!!!

 

Any advice would be greatly appreciated.

 

 

Thanks

 

S.B.

[Having_A_Knightmare]

Dont worry about the letter.

 

Bottom line is if they have not got an agreement they cant do nout.

 

In my experience Sainsburys will not listen to any letters anyway so you are waisting your time.

 

HAK

[SHELBELLE]

Hak

 

Thanks for that, I will sit tight then and maybe see what is in the post tonight!!!

 

If nothing else it looks like the calls have stopped for now, which is a good thing, don't suppose it will be long before they start again. Bring it on that's what I say;)

 

Due to all the help from this forum I am in fighting spirit again!!!

 

 

Update as and when.

 

Cheers S.B.XX

[Having_A_Knightmare]

Just let us know and we will tell you your next move.

 

HAK

[Multay]

If and when you do get another call - Send them this letter....Recorded delivery but don't sign, just print your name.

 

Dear Sir/Madam

 

Account Ref:

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

Don't worry, you're doing fine...Just relax and see what happens..Everyone will be waiting to help once they make their next move..

Hope this helps..

Laters..M..

[SHELBELLE]

Hak/Multay

 

 

Thanks ever so much.

 

All advice understood.

 

I must calm myelf down and remember that these things can go on for months/years/decades!!!

 

Cheers

 

S.BXX

[Multay]

You're welcome SB...There's no real rush, you could be waiting forever, the key is to keep everything you might need in a safe place..And try not to worry, I know it's easier said than done, but it really isn't worth it.

 

I just think to myself "what's the worst that can happen?"... We they aren't going to put me in jail so everything else is gravy...

 

I'll help where I can but most of it will be moral support as I'm not an expert on these things...

 

Laters....M

[SHELBELLE]

Multay

 

Thanks. Yes I have an alphabetic ring binder on all my creditors and everything is in date order etc etc with postal proof etc etc.

 

They can try the jail thing, but don't think they will have much luck without the CCA:D:D

 

Moral support is fine by me, thanks.

 

Update as and when.

 

S.B.X

[SHELBELLE]

Hi guys

 

Was wondering if this would be an approoriate time to also S.A.R. so I can see what the state of affairs is?

 

Is there a good or bad time to S.A.R.?

 

Thanks in advance.

 

 

 

S.B.