Lost24 ~V~ Sainsburys Bank Visa

[lost24]

Hi - I am in the process of trying to reclaim charges from Sainsburys Visa.

 

I have a DMP and any refund will be used to reduce the o/s debt but the sequence of events are as follows:

 

October 2005 realised I was in trouble and sent out budget sheets & offers per National Debtline. All my other creditors except Sainsburys accepted my offer. They started to charge fees which total £525.00 and were continualling calling me at home and at work. I wrote to the OFT and had to change my telephone number.

 

I was worried about reclaiming them in case it affected the DMP and that they would started calling me again, but I sent out my first letter to them on 28/02/07

 

They responded with a letter dated 5/03/07 received on 20/03/07 stating the charges were lawful and no refund was applicable.

 

I sent out a second letter (21/03/07) giving them 14 days or I would commence court proceedings.

 

Letter received Sainsburys dated 11/04/07 saying they will refund half as a gesture of goodwill but I have to sign a full & final settlement form? Is this wise?

 

Can I decline this offer, and ask more? I really don't want to take them to court as I cannot afford the £80

I'm new to all this

[lost24]

Update - I declined their offer on 17/07/07 and gave them another 14 days to reply.

[Parkvale]

The fees they have charged you. If these are penalty fees then they are unlawful,and you have a legal right to claim them back. I suspect they are. As they would not have offered you anything back out of the goodness of their heart. Well done and don't give in to their intimidating offers.Good luck.

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

[rory32]

Lost24 due to your circumstances you may be able to get an exemption from paying court fees. Have a look into it and if your not sure contact the court they may be able to advise you.

[lost24]

Good Morning Parkvale & rory32,

 

Thanks for your advice. I sent a letter without prejudice asking for 2/3rds of my claim - to avoid paying the court fee as I did check and the fee is £80 & I would have to pay. I gave them 14 days to re-credit the account or I would commence proceedings. Now its just a waiting game.

 

Thanks again and will keep you posted!

[Parkvale]

Pleasure

[rory32]

You do know if you take them to court and they settle you'll get your £80 back? Or is it just a case of its too much of an outlay at the moment.

Good luck anyway.

[lost24]

Hi,

 

I know that if I win I'll get the £80 back but as I'm on a DMP all the funds would be refunded back to the visa account. Also my current emplyment is a bit tricky at the moment, the co may close and I want to reduce as much of my debt as soon as possible in case I am unemployed for a while!!

[lost24]

Sorry, I didn't complete my post....

 

If they don't credit my account within the 14 days, then I definately will do a claim against them, the letter I wrote was 'without prejudice' so I think I'm covered if they try to settle after the 14 days????

[rory32]

Yeah your right "without prejudice" means that neither party can produce it in court.

[lost24]

Hi can anyone advise me?

 

I refused an offer on 16/4/07 and gave them another 14 days - to credit my account with 2/3rds or I would take them to court. To my calculations this date would be 30th April 2007 for me to commence proceedings.

 

I just popped home at lunchtime and there was a letter from HBOS, inside is a card from Sainsburys Bank saying that 'their representative' will call at my house on 07/05/07, asking me to call them if it is not convenient.

 

I'm on a DMP which has been in force for a year with no hiccups but before that they were constantly harrassing me on the phone at work, at home & my mobile. I wrote to them and told them to remove all my nos from their system and only to correspond in writing or I would report their behaviour to the OFT. They also called my mobile on 19/04/07 at 08:10 in the morning.

 

How should I respond to this card and keep to my timetable???

[lost24]

PS - Also 07/05/07 is actually a Bank Holiday!!!!

[rory32]

Report them to the OFT. As you first complained to Sainsbury's on 28/02 they have now passed the 8 week deadline that FOS allows them. So I would now raise a claim with the FOS - but leave it until 30th April as this is the timescale you gave Sainsbury's. Their site is located here Financial Ombudsman Service and while their service is free to you they charge the bank £400 for each complaint they investigate.

[lost24]

Hi rory32

 

So I make a complaint on 30/4/07 to FOS & commence proceedings on 30/04/07.

 

Shoud I write to Sainsburys advising that I won't be in and also that the deadline is 30/04/07?

[lost24]

Sorry but I think that not only are they delaying tactics but they have details on their system when the account was opened and 7 May is a Bank Holiday and also my daughters 13th birthday.

 

I think they are trying to scare me off!!!

[rory32]

I would complain to the OFT ASAP on the grounds that they are using intimidating behaviour and I would raise a complaint with regards to the actual charges via the FOS on 30/04/07.

I would also point out to the OFT the coincidence in the dates. Or rather the unlikely coincidence of them.

[lost24]

Thanks rory32 -I'm sorry to be a pain - So complain to FOS instead of County Court Claim?

[rory32]

I thought you didn't want to spend the £80 on court fees? The FOS is a free service that doesn't involve you going to court. As far as I'm aware they have had a 100% success rate in reclaiming bank charges - it also has the added pleasure of them charging the bank £400 for investigating a complaint against them.

[lost24]

Yes - I do not want to have to pay the £80, I should have looked at the link before posting! This would be ideal - I didn't know they could get involved. Thanks again:)

[lost24]

Hi there - have had 2/3rds of the fees refunded to my account as of today!

 

I really didn;t want to take them to Court because of the outlay and also it was my fault about the debt in the first place.

 

I am satisfied with my refund and I just want to say thanks to all you guys because I wouldn't have known anything about unlawful charges if it weren't for you all!

 

On another note I have made a formal complaint about Sainsburys Visa which the local trading standards are looking into!!!

 

Good Luck & Best wishes to all members & future claimants!!

[Parkvale]

lost 24, CONGRATULATIONS. As long as you are happy then that is all that matters. Enjoy your win.