Sainsbury's Bank - A farce

[zubo]

New development. They have an agreement! Not that they've bothered sending it to me.

 

It is illegible but looks like it lacks some of the prescribed terms. They still claim to have sent a copy but have no documentary evidence to back up their claim.

 

I will hopefully get some advice on how to proceed with this one, but believe its up to me to conclude this through the courts rather than carry on with the correspondence or wait on them to initiate something.

 

Rosierose,

 

There have been far too many claims of an alleged agreement.

If you want help scan it in and cover over your name/address and we will give our comments.

 

Z

[rosierose]

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[Peterbard]

Noomill is this S78 you are quoting. I have interpreted it that they cannot enforce the agreement whilst the default continues because of S78(6) which says

 

Are you saying that the committing of an offence automatically requires the creditor to have to apply for an order from the court. Do you know why?

Sorry if I have missed something but I have never seen anything that says that where an offence is committed then an order is required. With all these pesky regulations it's difficult to know if I have seen them all!

HIi accorcing to the OFT once the agreement or copy has been presented even if after the 42 days the default no longer remains and the creditor is free to pursue the debt.

 

Whilst in default the creditor is not allowed to enfrce the agreement and since the main function of the agreement is to produce interest they will not be ablee to charge that either whilst in default.

 

The offence that occurs after 42 days is a criminal matter and has nothing to do with the civil default any prossecution would have to be brought under the crown prossecution service via the police.

 

Regards

 

Peter

[rosierose]

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[Rhia]

An application form is just that...an application form. You need a true copy of the original executed agreement.

[ladybird17]

as per Rhia's post - are you definitely saying it's an application form?

 

If it is then it's unlikely to have prescribed terms because it's not the agreement, which I believe, you may have asked them for once or twice:rolleyes:

 

Are they behaving like this on purpose do you think, or do they genuinely have no idea what they're doing?

[Guest Battleaxe]

I bet they have no idea what they are doing, as most of them have proved. I don't think TS are even up on what an executed agreement consists of.

 

it would be wonderful to sit down with TS and get their understanding of the whole thing, so everyone could be singing from the same song sheet. I am up to a journey for a meeting.

[ladybird17]

oh me too BA! Count me in.

This mass complaint tack as per the DTI thread, could be a huge step forward, CAG is certainly the leader in this type of thing. I want to be part of it!!

[Guest Battleaxe]

Now where is the third memeber of the Coven and TS can meet with us and explain their understanding.

 

Seriously, it would be good to have an understanding of this from the organisation which is supposed to be one of our Watchdogs.

[rosierose]

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[Guest willowb]

I'm off to gee up TS and the police and will report back as soon as anything interesting happens.

Good luck Rosie:)

I don't think TS are even up on what an executed agreement consists of.

 

No, they don't...see my thread. I wrote a very long letter and included all correspondance etc etc but they still don't seem to understand or maybe they don't want to acknowledge the complexities of the issue.

 

It's what a Judge may rule on the day that's the main issue I suppose.

 

Wxxx

Rosie, if they do default you then send a Stat notice, that way if they don't comply with the 21 days allowed you can take them to Court:D

[rosierose]

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[pford]

you all might like this beeen on the phone over credit report with experian.

got at bit ****y with them you got to phone this no but your date of birth dosn't match Date of birth:01 August 1969

but the info is right ?

i born later than that ermmmmmmmmmmmmm

 

date of berth wrong but what the hell we will tell ever one you owe money

[rosierose]

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[c_allen]

well rosie any further news?

[Guest Battleaxe]

Can Sainsbury's prove they sent it? Do they have proof of poatage? Do they proof or reciept? Perhaps an N1, to get them in court to produce the document. you haven't got it, so surely this is your right get them to prove they sent it or even produce it for the Judge?

[rosierose]

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[joneshousehold]

I have had a similar rejection on telephone harrassment from Capital One. I shall be watching this with interest and will let you know if I find a way of stopping Capital One calling twice a day as they are at present.

[rosierose]

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[AnimalMagic]

I have had a similar rejection on telephone harrassment from Capital One. I shall be watching this with interest and will let you know if I find a way of stopping Capital One calling twice a day as they are at present.

 

Caller id is free now. And there is software available to log incoming calls. My phone logs the last 20 calls and I just transfer this to paper each day. There is a template letter here to demand they stop and only communicate in writing.

 

If they are using caller withheld numbers you can get BT to trace your line, albeit only for 30 days at a time. Unfortunately BT will not disclose the caller, but once they have the caller id behind the calls, you (or the police/TS) can then get a court order to disclose the info... Once they get a call from BT the calls tend to stop

[joneshousehold]

We are on cable and last time I asked I was told they can't do caller ID. I shall have to ask again I think

[bathgatebuyer]

I had similar problems with a Sainsburys Visa card - an absolute nightmare! The phone calls would start very early in the morning seven days a week and continued even when I was waiting for a PPI payment (from them!) to be paid into the account. "Can you get phone the insurance company and tell them to hurry up putting the money in your account?" Err, it's your bloody insurance company!

[100mel]

I've read this thread with great interest. I'm another Sainsburys Bank visa victim too. In the last three years they have used three different firms of debt collectors, harassed me endlessly on the phone - early morning/late at night whilst I was caring for a terminally ill parent and repeatedly ignored every item of correspondence. I had to have BT block all withheld numbers. I am now into my second lever arch file of correspondence. Trading Standards did intervene on my behalf too with Legal and Trade who have just written to say that they are withdrawing completely and sending the case back to Sainsburys. I put a claim into court for charges and removal of default. They offered a settlement - I accepted the amount of charges but it was conditional on default removal. They ignored that, failed to file a defence and failed to respond to bailiff's warrant. They have now put an application into court for setting aside judgement. They won't remove the default but have never actually proved its existence. So I'm going to court on both points on June 5th. In the league table of the worst financial institutions Sainsburys (HBOS) have to be at the top. They seem to think they can act entirely above the law. It took me months to get a copy of the agreement I signed too. I just wonder who is ever going to stop this dreadful organisation

[bathgatebuyer]

I've also just sent off a recorded delivery request for a copy of my original agreement - will be interesting to see when (and if!) they respond to that!

[rosierose]

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