Thank you Sainsbury's

[sallysas]

Thank you. In the spreadsheet do I deduct the amount at the relevant date as it would be inaccurate for the outstanding amount. I thought it might be a idea to put a copy of my rejection letter in just to demonstrate I didn't accept their offer - what do you think. And point 4 concerning my legal basis do I just list the relevant part of my POC.

[steven4064]

I would just deduct the amount paid from the amount claimed. You don''t need to bother about when it was paid (IMO anyway)

 

On point 4, I would jsut send them the elevant bit of your POC. Make it clear that the interest you are reclaiming is interest they levied on the charges and is therefore an integral part of the money they have unlawfully taken from your account.

[sallysas]

Sometimes I try toooo hard to be fair - stuff them. I'm away for 3 weeks on Friday so you can enjoy the peace and quiet.

[sallysas]

Unless anyone thinks the following is a load of rubbish I reproduce the reply I will be sending off to court at the weekend. Legal basis is taken from POC which I have not published here.

 

1. I can confirm that the defendant paid £xxx.xx into my account on xx/xx/08 which I accepted as part-payment only and authorised the defendant to remove from my account if so wished. I enclose a copy of this letter for the court’s information. This leaves the amount claimed as £xxx.xx as at xx/xx/08.

 

2. Updated spreadsheet showing interest outstanding. This is the interest the claimant is reclaiming which the defendant levied on the charges and is therefore an integral part of the money the defendant has unlawfully taken from the claimant’s account.

 

3. Spreadsheet showing 8% in the alternative to the compound interest claimed by the claimant.

 

Weathr report is looking good for N Wales and Forest of Dean next week. I just have to get out of Brum on Friday afternoon on the M6. Oh well, it must be done.....

[steven4064]

Looks good Sally

 

 

Have a nice weekend. We are going to a wedding ......in Brum (well near Brum anyway)

[sallysas]

Thanks for that. Have a lovely time at the wedding and I'll get away from everything for 3 weeks. Talk to you all soon.

[sallysas]

Getting closer!!!!! I filled out the AQ, posted it and it then went missing so I submitted it again. Received the following from the court.

 

Order made by DG xxxxxx in boxwork on xx October 2008.

 

Order

The Defendant shall within 28 days of the date of service of this order file and serve clarification of the basis on which they defend the claim for interest bearing in mind the contents of the Claimant's response.

 

It has to be referred back to the judge when they respond or the 28 days are up. Am I nearly there people? No cash but it will reduce what I owe by a few hundred.

[sallysas]

Getting closer now. They changed solicitors who have written to me today offering me half the amount outstanding with 8% interest on top (only £0.17) stating they are anxious to settle but this is a settlement on a commercial basis only. I think I will remind them that they charge compound interest - not simple - as stated in my POC. They are also disputing Sempra applies. Nice try, they will have to fund the shareholders bubbly some other way - or do I mean the bonuses?

[sallysas]

They have written to me again allowing me a further 14 days to accept their offer as they regard my claim for compound interest to be misconceived and with no basis in law?????? Wot? I have till Wednesday to accept otherwise they will defend the remainder of the claim. I don't really feel like replying to this as I won't be able to show this letter in court. Any thoughts?

 

Their defence seems to hinge on the fact that they refunded £353 back in May which included the statutory interest so I am not entitled to any interest after May. As I have been claiming compound interest throughout I made this plain in my defence that I accepted this as part-payment only. They also want proof of where I got my interest rate from, but I feel any rate is justified in terms of compensation and I did obtain this figure from their webpage.

[steven4064]

I think you are right to stick to your guns.

[sallysas]

The solicitors rang this afternoon at 17:00 (they seem really keen to talk to me). Would I accept a part-payment of the amount outstanding otherwise they will inform the court that I have refused their best efforts to reach an reasonable solution and they will argue the outstanding amount I don't accept in court with their legal costs on top. He wasn't willing to give me a figure - so I said I would forget the odd pounds and accept £300 otherwise I will leave it up to the judge. He's going to put it in writing............

 

We shall see, we shall see.

[sallysas]

It's gone deathly silent from them so I have paid the hearing fee of £75 and will be turning up in court on Thursday. So another one comes to a end. I will still owe them a lot but at least it wil be coming down by a few hundred. (Don't get cocky missus.)

[sallysas]

My cheque for the hearing fee arrived too late so the court threw it out. Is there any point my applying to have it reinstated or is this throwing good money after bad? I can't find the letter from the courts now but it talked about the bank being allowed to have costs if I reapplied? Any idea what I am talking about.

[sallysas]

Am I lucky or what? Letter from the court saying the cheque bounced (well I knew that) but I have till Friday 13th to pay fee. Is this due to run then?

[sallysas]

Talk about not being organised!!!!!!!!!!!!

 

Since the last posting I paid the fee and have heard nothing from the courts since. Am I right in thinking it was going to be reactivated and put back into the court system?

 

Since then I have come to an arrangment with Sainsbury's to settle 1/3 of the debt over 6 months and that's the end of it. That being the case can I still amend my POCs (as it talks about penalties) and carry on via the courts? I can't see there being any comeback - any thoughts?

[sallysas]

bump

[steven4064]

Sally

 

It epends on the terms of your settlement with Sainsburys. If it is a full and final settlement, I think that means you cannot proceed; similarly if the settlement included the penalty issue at all. Otherwise, you may be able to, but I wouldn't want to advise without knowing all the circumstances in detail

[sallysas]

Long time since we spoke - good to hear from you. Not what I wanted to hear but that is what I thought. (Musn't be greedy now.)

 

I can't find the letter they sent confirming settlement figure so I may just ask for a duplicate to be on the safe side.

[steven4064]

That might be a good idea

 

 

(Good to speak to you too )