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Sainsburys CCA


bathgatebuyer
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Righty-ho, got a letter from the FOS yesterday in which they've said that they have everything they need from me and the complaint is:

 

"..... now waiting to be passed to an Adjudicator.

 

As soon as this happens, the adjudicator will be in touch with you, to explain the next step and to ask for any further information they may need from you".

 

Looks like I may get a decision sooner rather than later. Does anyone know what the likely timescale of this is or exactly what happens next????

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I may be wrong, but I think HAK is the only one who has had success with them. They are certainly hard work and don't seem to know anything of the law or have any wish to stick to it.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 2 months later...

Letter came today telling me that my case will be passed to an Adjudicator by the 4th March and that they will be in touch to explain what will happen next.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 3 weeks later...

No, I've had a few more bits and pieces since then including a copy of the most recent terms and conditions and a copy of my PPI terms and conditions (which reveal that due to a pre-existing medical condition, the policy is effectively worthless!)

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I hope so. It's dragged on for so long now too that I just want it over and done with. It's always at the back of your mind, so getting rid of this matter sooner rather than later would be very nice indeed!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 2 weeks later...

Hi all - got the first part of my CCA issue with Sainsburys bumped by the FOS today. they say the appropriate forum for me to do that would be the courts. Surprise suprise - them and their slippery shoulders! Not suprised at all by this as they routinely turn around with CCA matters and say, "Not our area".

 

They acknowledge that Sainsburys didn't even send me terms and conditions for nearly 10 months but have said nothing about them seeking to enforce the card in the meantime as well as process info to credit reference agencies.

 

They say that 'enorceable' realtes to 'enforceable in a court of law' and that the 'normal administrative operations of the account such as charging interest, or seeking repayment is not disputed'.

 

They also say that the fact that I have been continuing to make payments to the account suggest that there is no 'dispute' in the OFT sense and that I am not disputing any debt to Sainsburys (Rather than a recognition that I need a good credit record to work and that forcing the situation into a default to get taken to court to resolve the CCA issue would be damn near useless for me if I had to resign from work!)

 

Also that the OFT do not prohibit interest of charges being added to loan accounts when in dispute and not credit card accounts.

 

The Bank are deemed not to require to forward copies of the term of the agreement at the time it was opened but can get away with current terms and conditions.

 

That the correct course of resolving this would be in court if I was a defaulting debtor (so, they're effectively asking me to stop paying and force Sainsburys to take me to court!)

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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page1.jpg

page2-1.jpg

 

Pretty much everything in the FOS's letter - I have 2 weeks to raise any matters with them.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I'm sure these people are in the back pockets of the banks/credit card companies. Sorry you didn't get the response you hoped for. Must admit I'm still paying Sainsbury's, I often think I should stop, but at least they are not hassling me at the moment and nor are they adding interest and charges anymore, I am of the mind to let sleeping dogs lie, once they start their threats again, I might think again!

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That was my line of thought too - if I stopped paying I could face a year or two of constant phone calls and letters and constantly having to tell Sainsburys what they can and can't do under the law!

 

I still have my PPI reclaim being considered by them as they'd split the two issues into 2 totally seperate matters so hopefully the PPI matter can be resolved soon and I can soon kiss goodbye to Sainsburys!

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 6 months later...

Ok ok ok. Update for everyone, the FOS have upheld my complaint against Sainsburys! They wrote to me about 5 months ago telling me that my case agsinst Sainsburys did not come within the appropriate timescale, but it did, so I challenged them and a few weeks ago got a call from them telling me that they were upholding my case against Sainburys and that they would be contacting me with a settlement offer of full refund of premiums plus contract interest plus 8% interest!

 

I think my case was first reviewed by a new adjudicator as he seemed to be saying that I was outwith the 6 yr timescale even though I specifically made my complaint within the 6 yrs. Thankfully the second person who looked at it agreed (and obviously had to go back to the Bank to correct what the initial decision was).

 

This is the last reclaim case I have - I've yet to lose - but thank to this website and MSE, I've got my life back.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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