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

[100mel]

My situation is briefly summarised thus

 

Sainsburys Credit Card - debt passed to Blair Oliver Scott in July 2004 when I was caring for terminally ill father. Considerable payments made - default registered in Nov 2004 without my knowledge. Payment plan in place but no statements ever issued since July 2004 despite repeated requests. Full and final offers made - either rejected or ignored. In September 2006 I withdrew the offers, issued a request for missing statements with £1 (my second time of doing this), made a demand for return of penalty charges that I could quantify from the statements I had and a demand for proof of default and deed of assignment.

 

Having had no response from either Sainsburys or BOS last saturday I suddenly get a phone call from sainsburys followed by a letter from each advising me

 

1. they will accept my full and final payment offer (for an amount I did not offer)

2. They would refund half the charges

3. they would mark my file "partially satisfied" - according to them the default was justified and the charges ("despite all this stuff in the media") but to date have failed to prove this or even provide a copy

 

My question is what to do next

 

1. do I answer these letters and simply refer them to the current letters in process upon which the clock is running ?

2. when the clock runs out on the default letter response do I give them more time (they have been asked twice to provide this information) or simply complain to Trading Standards and the FSO and when the clock runs out on my subject access letter do I then complain to Information Commissioner?

 

I have already posted notice of correction on Experian. I am not seeking to evade my financial responsibilities but with no statements for two years plus charges I am unsure quite what I am negotiating on. My first objective is to get the default removed

 

All advice gratefully received

 

Mel

[buzby]

I'd respond by saying that you are still not in a position to enter into an arrangement due to the lack of information. Use one of the templates here to issue a SAR, once you have the data, you can consider your position and act accordingly.

[AppleCrumble]

I'm really interested in this, I have a problem with a sainsburys credit card which is in default, & returned ... haven't received any statements for ages despite making a regular payment on the account (admittedly small, but am paying monthly anyway).

 

Certainly seems to me that they could be guilty of 'irresponsible lending'!!! - I was a student with a CCJ on my record and was given a card with a £3,000 limit, not that I am blaming anyone else for my financial mess (but compare to Capital One - who only started me off with a £200 facility)

 

There is quite a few threads about Sainsbury's visa but because they aren't one of the 'biggied' their threads are all over the place ...

 

my thread is here if it's any interest. http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/41411-sainsburys-visa-debt-mackenzie.html#post326724

I am going for the SAR now as I haven't had statements for over a year. Hmmm!!!

 

I can't offer any help as your situation seems quite complicated and I don't have the knowledge!! but hope saying 'you are not alone!" helps a bit

all the best

[100mel]

I have posted previously on this forum concerning Sainsburys Credit Card and their refusal to communicate or deal with full and final offers or indeed any correspondence at all. The latest is that they are not responding to ANY letters requesting information and details

 

1. they have not provided any details of the default as requested now by three letters - what do I do now? What can I do about Experian and Equifax

 

2. they have not responded to paid subject access request for missing statements for 2004 in due time period - what do I do now

 

3. they have not responded to claims for charges for the period covered by the statements I have - should I now proceed to legal action?

 

I placed their "offer letter" in legal dispute by letter as suggested on the forum as it did not deal with any of the issues. However, they have now placed the matter with Wescot and the usual phone calls have started despite letter from Sainsburys on file after previous complaint that they would not pass on my details and all correspondence would be in writing

 

What should I do about Wescot and as I am not getting any response from Sainsburys, Blair, Oliver and Scott is this now time for complaint to OFT , FSO AND DATA PROTECTION

 

All help gratefully received as to next course of action

[100mel]

I have posted elsewhere again as current situation is that they have not responded to SAR, letters about default and demand for repayment of charges for period for which I have statement. What they have done is pass everything to Wescot Debt Collection so frankly I really don't know what to do next

[buzby]

Reply to Wescot saying the account is in dispute and you are awaiting a reply to your letter asking them to provide a SAR. Therefore you are not in a position to deal with any thir parties in this matter until the company makes its formal response.

[Tinkerbelle]

I have posted elsewhere again as current situation is that they have not responded to SAR, letters about default and demand for repayment of charges for period for which I have statement. What they have done is pass everything to Wescot Debt Collection so frankly I really don't know what to do next

 

When you eventually get your statements and you claim back your charges, make sure that you include the request for default removal in ALL your letters and your court claim.

[100mel]

Latest situation is this. I have now received the missing statements in response to my Subject Access Request together with copies of comments and memos from their system and copies of previous letters written to them. However, absolutely no evidence and requested information on the default. The letter says that this is all the information they have. This morning I have now received letter from Sainsburys enclosing details of FSO and saying that this is the "end of the road" - they only confirm that they have passed the debt to Wescot and that they consider their offer reasonable etc

 

So I really do need guidance about next steps. I am planning to issue claim via small claims for charges but do I mention the default in this claim or raise a separate claim for its removal? How do I cost the claim i.e. amounts for distress etc and do I do it in the name of Sainsburys or Bank of Scotland (ultimate owners and the name Wescot is using) I am also issuing complaint to FSO and OFT. I'm not sure that I can get them for Data Protection as they have finally sent the statements just about on time

 

I now need to follow through on my threats with them but really need help in getting this right please in wording the claim . I have issued all the letters concerning the default recommended on this site and in fact Sainsburys have not referred to any of them

 

Can anyone assist please as I'm not sure how many claims I'm actually making. If the default is not proven is the debt itself still valid? What do I do about Wescot because according to Sainsburys they have now handed the debt to them

 

Hope someone can help please

 

Thanks

 

 

 

Mel

[alanfromderby]

Certainly you need to include the default on your financial claim. I would advise though that claims for distress are very difficult to prove, you would definately need some very strong evidence from your doctor.

[100mel]

I have an ongoing situation with Sainsburys Bank ref old credit card. Current situation is that I am about to file my claim via small claims in person but am seeking help on the wording as I am not only seeking refund of the charges I am also seeking removal of the default which despite in excess of 40 letters of correspondence and request they have never ever proved, sent me a copy or acknowledged in any way. I am also assuming that I use the registered office address as I have been corresponding with 4 other addresses

 

Sainsburys also issued a deadlock letter and told me to go to ombudsman so I've filed a complaint there as well as this matter goes back some three years

 

However, they are still continuing to use Wescot for "debt collection" so I'm wondering what to do about them - they already know in writing that the debt is in dispute etc

[100mel]

I have a current dispute with sainsburys bank over a credit card - charges and default. Complaint has been filed with FSO as Sainsburys issued a deadlock letter, complaint has been filed with OFT and court claim made for charges and removal of default. Wescot who were collecting have now withdrawn but out of nowhere comes someone called "Legal & Trade" with four phone calls today on this debt of course claiming that they knew nothing about this. Sainsburys have received many letters advising them that all communications were to be in writing. What can I do about this latest set of bullying tactics. I really thought I had just about done everything I could to deal with this matter and still, despite the complaints in process, the hassle continues

I hope someone can give me some advice

[diskmandave]

You could try writing to them recorded post and reminding them of their obligation under The Protection From Harrassment Act ? If this is in Court can't you report them to the Court...? (just a thought)

[MollieUK]

I know that this is an old post from August but I can tell you that 'Legal & Trade' are from my area in Lancashire, they are based I believe in Winckley Square, Preston, Lancs, nasty bullying company as well.

[pjdudley69]

Hi Mel,

 

I've been dealing with L & T for about 5 years now, never had any probs until recently, when they began calling me at work. I sent the following letter:

 

Legal & Trade Collections Ltd

33/34 Winckley Square

PRESTON

PR1 3EL

 

Dear Sirs

 

Ref: [Put your account number here]

 

Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; my instruction stated quite clearly to you that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that all telephone calls are recorded.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

I trust that I have made myself understood on this matter.

 

Yours faithfully

 

[Name]

 

I never had actually told them to stop calling me before, but this letter worked a treat, and I received a reply from a Nataly Hollinworth,Complaints Manager, who advised that they have removed all telephone numbers from my file promptly, and that there was no intention of causing any upset!

 

There was also a direct telephone number [01772 832002] [don't forget to dial 141 first, or they'll just put your number back on the system] or email [email protected]

 

Send this letter off straight away, and the calls should stop.

 

Hope this helps.

 

PJ xx

[spider2]

Hi to you 100Mel, I too have been contacted by Legal and Trades regarding a Barclaycard debt going back over 8yrs, Cabot originally bought the debt and hve passed it on to verious DCR's over the years none hve acknoweledged any debt with.

 

My advice would be hit em CCA reqeust, had letter today from Legal and Trade stateing they are not dealing with this account and returning it to Cabot, so i await the next instalment!

 

 

Dont let these bullies intimidate you ,hit em with the legal stuff and they drop it like a ton of bricks.

 

 

 

good luck to you.

[emma S]

Just Found You All, Does Anyone Know Where To File My Money Claim Online With Sainsburys Bank As The Mcol Is Stating It Will Not Accept The Claim As It Is Outside England And Wales?????????????please Help

[spider2]

Hi Emma are you based in scotland?

[emma S]

No I Live In Kent.

[100mel]

I filed my claim for refund of charges plus removal of default after long dispute detailed elsewhere. No response, admission, defence has been received at all by due date of 12th February. Should I now request judgement? What happens about the default on my credit file? If I get the judgement can I then submit to Experian for its removal?

 

Advice appreciated

[bennyowen]

100mel,

 

Progress to judgement by default if you know the deadline date for the supposed defendant's defence has elapsed.

 

The court will send them the judgement. You can allow a few days for them to pay up and if they don't, write to them requesting the total amount stated on the judgement. Send letter by recorded delivery or fax. Let them know that you will be progressing with bailiff action on a particular date (set a deadline date within 7 days) if they refused to pay up immediately.

 

Good luck.

[100mel]

Thanks - I have now done this. However, how will this judgement oblige Experian to remove the default if I write to them and advise them of judgement as removal of this was part of the claim?

 

Mel

[100mel]

I have been engaged in a long battle with Sainsburys on a credit card account. Despite use of all the recommended letters they never produced any proof of the default on my credit file even after SAR. I have just taken them to court over the charges and requested removal of the default in my claim. No response from them at all in time frames and I have applied for judgement. However, my question is - what is my next move to get the default actually removed as Experian will no doubt hedge their bets and say that they need to consult the lender. Should I therefore write to them but also make complaint to the Information Commissioner. Has anyone had any experience of getting a default removed in this way? I also have a complaint ongoing with the FSO on sainsburys but do they have any power to order default removal?

 

Mel

[Tobes]

I wouldn't write to Experian yet, as you'd have to include ALL the paperwork and they'd probably still say that they need to consult with Sainsbury's.

 

Instead, getting default judgment should spur Sainsbury's into action, if you write to them recorded delivery threatening as suggested above to bring in the Baillifs in 7 days. They don't tend to like having defaults against them (haha) and so they generally give in at this stage.

[Tobes]

I think you're possibly trying to overcomplicate at this stage - I think once you have default judgment, Sainsbury's will remove the default pretty fast. If there is no sign that they will, after a letter sent to them, then is the time to take it further, starting with baillifs, but asking the ICO etc to get involved at this stage is a bit hazy as the judgment is more obviously for money, rather than any order for default removal, if you see what I mean.

[bennyowen]

100mel,

 

You already have some of the paperwork for this case. For example print the Claim form and judgment from MCOL and add the letter from the court granting the judgment.

 

Before you get bailiff action, write them a letter to tell them your next course of action i.e. about your intention to request bailiff by 27th February 2007. If they refuse to pay after that date, apply for the court bailiff through MCOL and speak to local press about it.

 

You are already there, do not give in to intimidation or delay tactics.