Mel v Sainsburys - judgement set aside - urgent advice and help please

[bennyowen]

100mel,

 

When they send you a cheque for the amount you claimed, take a copy of the cheque for the Experian bundle (haha) and bank it fast.

 

Send the Experian bundle with a covering letter requesting default to be removed immediately because it violates the Principles of the Data Protection Act 1998.

 

Make sure you check other credit reference agencies (Equifax and Callcredit) if your default details are replicated there. If they are, then, take photocopies of the Experian bundle for the others as well.

 

Go for it.

[ClintMccutcheon]

As tobes said, if they have a judgement set against them they will remove the default quicker than you can say howzat!

[100mel]

I'll be amazed if they do remove the default without being really pushed as for the last 2.5 years they have refused to answer correspondence, provide proof of the default despite being requested to do so in letters that now fill one lever arch file!

 

I'll follow your advice - thanks and see what happens

 

Mel

[ClintMccutcheon]

Unfortunately these companies seem to think their above law, so we have no choice but to take them to court, as it seems its the only thing they will respond too!

[martin2006]

The ICO will take around 10/12 weeks to action your request if thats where you go due to the massive volume of these types of complaints, but if you have a case it does work! it did for me.

[100mel]

Update - further complications have now arisen. I received this morning Notice of Acknowledgment of Service which was filed on 14th February - deadline was 12th Feb. Upon ringing the court to ascertain why this has been allowed I was told that they are very behind and that this notice has crossed with my application for judgement so they now have until 26th Feb to file a defence

 

Just wondering what to do now. I assume that I need to sit it out until 26th Feb - if nothing appears then should I hotfoot it to the court and apply for judgement on the day

 

This has come as a shock as I had hoped I was making progress. Any advice gratefully received

 

Mel

[100mel]

I'm guessing after reading other experiences on the forum that Sainsburys will admit the charges as I don't see that they have much option but claim that the default is a reflection of my credit record and request that it stays. The default removal is in fact the most important feature of this particular case so my question really is what should my strategy be - take the money and wait for the FSO to complete case already filed or go to court ? As the company have never substantiated the default at any time, provided a copy or proved that it was ever sent to me despite 6 requests to do so over the course of the past two years including SAR what material can they therefore put before the court now on this? I am more than a little worried and hope that someone can cheer me up !

[100mel]

I raised a court claim against Sainsburys Bank for refund of charges plus removal of default. They put in acknowledgement of service late and court has allowed it - defence supposed to be submitted by 26th. However, in today's post I receive a letter from HBOS Legal Department offering me a refund of most of the charges (they claim that they have refunded some back to the account). However, they make no mention of removal of the default. They are looking for an answer by close of business today. What should I do ? Should I send them a fax and outline my terms i.e. agreed amount of charges plus removal of default

 

Hope someone can give me some advice. As this letter came in 2nd class mail they won't actually know when it was received!

 

Mel

[ClintMccutcheon]

Write back to them stating what you will agree to (effectivly a settlement out of court)

 

And tell them straight, you wish the default marker to be removed as well as the charges.

 

WillowB had a similar letter sent to her, refund of charge but no mention to default marker, she sent them back a letter telling her she requires removal of the default notice and the charges to cancel the proceedings.

 

In my opinion thats what i would do, go check willow's last few thread pages too to see how her's panned out.

 

Good luck!

[100mel]

Thanks - having difficulty finding the relevant item/thread though

[ClintMccutcheon]

Its about 3rd/4th in the list, titled 'Abbey Default Removal'

 

Clint

[100mel]

I filed claim against Sainsburys Bank for refund of penalty charges and removal of unsubstantiated default. They submitted Acknowledgement of Service late followed by a letter offering most of charges plus court fees but no reference to default. Following advice from the forum I wrote back recorded to outline my terms of settlement i.e. charges returned by cheque and removal of default. No response at all and they have not filed defence today ( supposed to be done by Monday). My question is - where do I go from here? Do I enter judgement for the full claim and removal of default (but they could apply to have this set aside) or judgement for the terms of my requested settlement i.e. slightly reduced charges and removal of default. The default removal is as important if not more so than the charges. I was thinking of going along in person to court to do this. Alternatively, do I write/fax Sainsburys again - however we've gone on like this for two years.

 

All advice gratefully received

[100mel]

I have now received judgement as Sainsburys did not enter any defence even by extended date. I have now written to registered office requesting my money or bailiffs as advised and removal of default but I very much doubt that they will comply - they have ignored correspondence for two years

Any advice on what I should write to Experian, Equifax, Call Credit to force them to remove the default? What information should I send them? Equifax have already written to say that they are not getting any response from Sainsburys either and have temporarily removed the default information anyway!

 

Feeling almost there but not quite as the default removal is as important as the cheque !

 

Mel

[file_wizzard]

If it was a specific item of your claim that the default should be removed and the court has awarded an order in default, then a copy of this order sent to the CRA’s will suffice

[Glenn UK]

I have just had a default removed by abbey.

 

The key issue is that the charges and the default should be kept together as a single claim and it seems you have managed to do that.

 

If you have a judgemnt does it list the default removal as well as the charges?

 

Assuming it does then you can enforce it thorugh the courts if they fail to comply.

 

If they appeal then you can deal with that when it happens.

 

HTH

 

Glenn

[100mel]

The judgement was issued over a week ago - removal of the default was part of the claim and although I stipulated it again on my application I notice that it is not explicitly stated on the copy that came back to me. It refers to immediate payment of the money. Of course no payment has been received so I wrote recorded requesting that they pay up and remove default, threatening bailiffs etc. The only communication I have had is from Equifax saying that Sainsburys have just communicated and told them that the default is correct (never any proof though!) so judgement, no money, no default removed so what next - ring them up/fax etc before going for bailiffs. Problem is that is yet more money ! Feeling a bit low at the moment as whatever I do with this company which of course is Halifax/BOS by another name they just ignore it !

[gemspan]

If you had a default registered and it showed a figure that included bank charges then you are within your rights to have this removed as now have a judgement stating this money is owed to you.

 

IMHO I would send a copy of the judgement to the CRAs and order them to remove the default as this is your proof that the money is not payable and the information is inaccurate. If Sainsburys say that the information is accurate then they have to prove that it is accurate. If they cannot prove it is accurate then they must remove it immediately. If the CRA refuses to remove it then you must send a complaint to the Information Commissioners Office and send them a copy of the judgement. they are committing an offence by refusing to remove it on the say-so of Sainsuburys as you have a judgement that says differently.

 

Dont feel too down. This will come right in the end as the law is on your side.

 

Good luck

Annie

[Glenn UK]

FWIW

 

If the judgement didnt inlcude specifc reference to the default then you need to go back to the court and ask them to amend it as its incorrect, presuming you included the default removal in your claim?

 

There is no point sending a copy of the order to the CRA if it doesnt specifically mention the default imho.

 

Glenn

[100mel]

Sainsburys Bank aka Halifax have not responded to my letter giving them 7 days for payment of penalty charges combined with removal of default. I am planning on going to court and requesting warrant tomorrow. Could someone just advise me what address they have used for service for these companies ? Claim obviously went to reg office address but correspondence has recently been issued out of Trinity Road Halifax so should I make that the service address? Also is it worth a fax to Halifax reminding them of what I am doing or should I just do it. They seem minded to ignore everything but perhaps they won't ignore the bailiff's warrant. Advice gratefully received from anyone who has already done the bailiff bit !

[Azazal23]

There Registered company address, if its halifax you are serving goto the Halifiax thread on the banking section and it ll be there.

 

Stick to your timetable, you have ( i assume) advised them of what will happen if they ignore you, so just do it. they will soon be in touch

[100mel]

Slight problem - registered office address for Sainsburys where claim was served and Sainsburys Bank is on most letterheads throughout this case is Holborn, London. Correspondence from HBOS in response to claim has come from Trinity Road Halifax. Hbos have registered office in Edinburgh

[100mel]

I have just read this but problem is that bailiffs warrant has now been issued - yes my claim included default removal - interesting because the registered office of Sainsburys Bank is the same as supermarket! - can I still go back and get judgement amended? One of CRA's - Call Credit - has written back and said that it will not remove default without Sainsburys say so - so bit of a loss as to what to do next. I've no doubt I'll get the money now that bailliffs are on the case but default removal is actually more important to me and was part of the original claim. FSO won't consider default matter because it is the subject of court claim. Advice appreciated

[Glenn UK]

have you spoken to the court to inform them there is an error on the order?

 

GLenn

[100mel]

Planning on speaking to them tomorrow? Can they amend the judgement - the removal of default was specific part of claim along with charges?

[100mel]

Spoke to court - they told me that standard judgement had been issued and that matter has to be referred back to judge - could take 7 days. Bailiff's Warrant had been issued but still no money has been received

 

All credit references have written back despite all evidence sent to them that they will only take instructions from subscriber i.e. Sainsbury's to remove default. Therefore, can anyone advise what can I do to force CRA's to comply? Do I need to issue separate County Court Claims against each and/or report each of them to ICO? It seems to me that the CRAs have a privileged relationship with their subscribers which means that they have no need or wish to reflect accurate information upon data subjects even in the face of legal claims