Duffers mum v Sainsburys Bank

[Duffers Mum]

Hmmmm, got a card from the postman saying I have a recorded delivery letter to be picked up, now I'm not expecting any deliveries so I'm wondering if this could be the start of the court action which Blair Oliver & Scott say they were going to implement, do they usually send things recorded delivery, or do they send things normal post in the hope they get lost and the customer cannot respond? Or am i just being paranoid?

[Having_A_Knightmare]

DM

 

My Summons came 1st Class post.

I have never had anything recorded from Sainsburys if that any help.

 

HAK

[Duffers Mum]

HAK - thanks for that, not sure whether it would come from Sainsburys or Blair Oliver Scott, will find out soon whether it is though as I'm off to pick it up shortly!

[The GodMother]

I dont know of any courts which send stuff out recorded delivery.

It might be BOS sending u some stuff.

[Duffers Mum]

Well it was nothing to do with Sainsburys or BOS, it was a recall notice for a car I don't even own anymore! So nothing to worry about in the end!

[The GodMother]

well thats good. sounded a bit far fetched that bos or sainsburys would send by recorded del.

[Duffers Mum]

Letter received from Sainsburys advising that there my complaint with them has been resolved and that they urge me to contact Blair Oliver & Scott at the earliest opportunity to prevent any action being taken against me, as they believe the account is fully enforceable. Hmm I didn't complaint to Sainsbury's I complained to Blair Oliver & Scott who still have not responded and as advised to Sainsburys and BOS have been reported to FOS.

 

So before I respond to them, I am correct in thinking, a barely legible application form, no APR mentioned on it, a set of T&Cs current at today's date and with my current address and not my address at the time of opening the account, does not comply, does it?

 

My reply so far suggests if they feel it is enforceable to take me to court and then we will find out one way or the other and if it is why haven't they sent me the correct documentation! Also the outstanding balance they have quoted includes £1,000 of charges and interest added since the account was in dispute.

 

BOS should send me a copy of their complaints procedure shouldn't they? After all they are a separate company from Sainsburys and therefore I presume can't come under the "we've already responded" banner.

 

I am getting really quite cross now with these idiots, why do they think we are all stupid?

[The GodMother]

Letter received from Sainsburys advising that there my complaint with them has been resolved is that so? and that they urge me to contact Blair Oliver & Scott at the earliest opportunity to prevent any action being taken against me, how nice of them as they believe the account is fully enforceable. I am guessing they cant read then. Hmm I didn't complaint to Sainsbury's, c previous comment, I complained to Blair Oliver & Scott who still have not responded and as advised to Sainsburys and BOS have been reported to FOS. Good.

 

So before I respond to them, I am correct in thinking, a barely legible application form, no APR mentioned on it, a set of T&Cs current at today's date and with my current address and not my address at the time of opening the account, does not comply, does it? Does this need an answer? Well as u asked nicely. the words APPLICATION FORM give it away, not readable, this years T&CS with wrong addy. UNENFORCABLE. just on the addy alone the rest are bonuses.

 

My reply so far suggests if they feel it is enforceable to take me to court, yes please do she is not lying we no u have nothing to go on, and then we will find out one way or the other and if it is why haven't they sent me the correct documentation! Also the outstanding balance they have quoted includes £1,000 of charges and interest added since the account was in dispute. Tut tut tut unfair charges me thinks cca of 1974 not complied with.

 

BOS should send me a copy of their complaints procedure shouldn't they? did u ask for a copy when u complained? After all they are a separate company from Sainsburys and therefore I presume can't come under the "we've already responded" banner. Yes as far as i am aware they are a seperate company. No they dont fall under that headding as u complained to them and they have not responded.

 

I am getting really quite cross now with these idiots, why do they think we are all stupid?

 

Yes is the answer to that they do think we are stupid.

please can u put my favorite lines in the letter u write to them.

they are:-

The consumer credit act of 1974 has been around long enough for u to have read and understood it. If you have not read it then i would urge you do. If you dont understand it then please seek the services of a quilified solicitor.

Its a funny but good one as most companys have not read it.

[Duffers Mum]

GM, thanks for that, I wrote to them in early April asking that my letter be treated as an official complaint, they never responded, I then followed that up with a letter in early May, enclosing my original April letter and asking for a copy of their complaints procedure, as we are nearly in August they are well past the 8 weeks timescale. I will certainly add your favourite lines in my letter, in fact I am copying and pasting it now

[Duffers Mum]

Acknowledgement letter received for FOS advising they "are very busy" not surprised its everybody contacting them who contribue to CAG I suspect!

[The GodMother]

Thanks DM i have not had to rite a letters so i can add them my self.

 

No FSO have not had a letter from me yet as they lost the one i sent them. Claimed they never recieved it but it was signed for.

[Duffers Mum]

I'm getting really hacked off with Sainsburys/BOS now. I reported BOS to FOS who promptly wrote to Sainsburys asking them for their final response. I've now received a letter from Sainsburys saying they provided their final response in 2007.

 

i've had another look at the document they say is the CCA, its barely legible but it does say "I agree to be bound by the Conditions of use (as amended from time to time) on it, however IT DOES NOT say as shown overleaf or anything like that. I'm worried now that this may mean what they've sent me is enforceable. The T&C's they have previous sent have all been current at the time they sent them (merely downloaded from their web site), not current at the time my account was opened, does this make a difference? Could somebody advise me on these points asap please?

 

Another question, if I wrote to Blair Oliver & Scott and asked for my letter to be treated as an official complaint, and be sent a copy of their complaints procedure should they be the ones who respond to me, or should it be Sainsburys? Sainsbury's are implying that they have responded, but I feel it should be Blair Oliver & Scott.

 

I'm getting in a bit of a tizzy about this account now, so any help and advice would be most appreciated. Thanks

[babybear39]

Copy B O & S into your correspondence and add a letter of complaint against them

[Duffers Mum]

My original complaint was about BOS though and not Sainsburys, I just put down that Sainsburys were the original creditor. Really need to know whether anybody thinks that what Sainsburys have provided is enforceable due to the bit about being bound by the Conditions of Use. I think I will respond to the FOS and advise my complaint was about BOS and not Sainsbury's bank and as a separate entity they should have sent their complaints procedure.

[vandermerwe]

Hi folks

 

The last thing I wish to do is muddy waters any further, but isn't Sainsbury's Bank a 50/50 joint venture with Bank of Scotland? And isn't Blair, Oliver, Scott (BOS) an operating division of the joint venture?

 

I get a weekly letter asking me to contact them on an 0870 number and am trying to get around to sending them a letter telling that such numbers are against my religion.

 

I can't think I am being of much help, but as D'Artagnan said in "The Three Musketeers" 'one for all and all for one'.

 

Good luck.

 

Vandermerwe

[The GodMother]

love that one how about letters from DCAs being against my religion.

[babybear39]

Sainsbury's bank is a joint venture with HBOS and blair et al are part of HBOS.

[Duffers Mum]

I know that Sainsburys and in partnership with HBOS, and Blair Oliver Scott are the DCA arm for both, but they trade as a separate company and therefore should deal with complaints separately, by my reckoning anyway.

 

I still would appreciate somebody advising me whether the conditions of use statement would make the document they say me enforecable? It certainly doesnt say about the conditions of use "as over" or anything like that so I haven't yet been able to see what i was agreeing to....any advice?

[The GodMother]

if it does not have a conditions of use or anything then it is still unenforcable.

[Duffers Mum]

The only conditions of use they have provided are ones current as of today, I presume they would have to provide ones from the date I opened the account if it were to go to court, which I suspect it probably will?

[babybear39]

Yes, they do have to provide the original T & Cs if it ever went to court.

[The GodMother]

we u guessed rite.

 

are these indians still not moving then.

[Duffers Mum]

Nope, they are not budging an inch, they obviously think they can grind me down enough to start repayments, well I won't, not until they provide the correct documentation, then I might arrange a repayment plan with them, then again I might not might just let them take me to court and see what the nice judge says! They can't have what I haven't got, and bearing in mind DH is not working now and I have reduced my hours to 3 days a week rather than 5, the nice judge would probably realise that I can't resume normal repayments.

 

I shall write again to Sainsburys and copy in the FOS and BOS stating I asked for a copy of BOS complaints procedure, they have failed to provide it within the statutory 8 weeks. Sainsburys also said in their letter that I had written I do not acknowledge any debt to their company, which is not true, I wrote that to BOS which as I will remind them yet again, are a separate company, who I do not owe any money to, i've never denied owing anything to Sainsburys! I think I have got them very confused! I will continue with my token repayments.

 

That the FOS sent their letter to the wrong company hasn't helped my cause much mind! I clearly stated it was BOS who had not complied with my request for a copy of their complaints procedure and that Sainsbury's were just the original creditor, who transferred my account whilst it was in dispute.

 

I presume I shouldn't remind Sainsbury's what they should have provided in my CCA request, i.e T&C's current at the date I opened my account?

[The GodMother]

dont worry they know there obligations they just cant be bothered to fulfil them.

[Duffers Mum]

I emailed the FOS as I felt they sent my complaint to the wrong company, they have replied saying the original debt was with Sainsbury's and so they have approached them and as they sent me their final response in 2007 there is probably nothing they can do. They have now sent me another letter saying if I want to complain about BOS I have to register a separate complaint, grrrrr, my original complaint was against BOS, FOS are absolutely useless and i'm really cross, I don't have the time or money to keep sending bundles of documents off to FOS for them to do the opposite of what I ask them. I sometimes wonder why I bother.