Duffers mum v Sainsburys Bank

[miss muppet]

Can't remember DM, have you got a scanner? I so register with photobucket and upload for peeps to have a look at and get advice.

[Duffers Mum]

Have received a letter from Bank of Scotland in connection with my Sainsbury's CC. The letter is addressed to me at my address and then goes on to say...Dear Miss England! How professional bearing in mind thats not my name, nor has it ever been! They state that the debt is validated when the terms and conditions are signed and the account is used, they have now arranged to issue me with copy statements for the life of the account (poor postman!) and a copy of the T&C's I agreed to when the account was taken out. Apparently I have already received the signed terms and conditions (I presume they mean the application form which they state is the CCA!) Obviously I will be sending a very nice letter back to them asking that they call me by my correct name and title in the future. Are they correct in what they say about validating?

[The GodMother]

I assume that as they cant call you buy the correct name the the debt is not valid at all.

[babybear39]

Not another personal information mix-up

 

Maybe Miss England has your letter

[The GodMother]

is the account number correct. They should have put a ref number which usually includes your account number or summing. If they did not then u may be able to have sum type of compensation under the data portection act.

[Duffers Mum]

Today I received a letter from Sainsburys Bank, wouldn't it be nice to actually know who is dealing with this matter, they are absolutely useless! Sainsburys state that "In order to satisfy our obligation under sectin 78 of the CCA we are required to supply the following:-

 

A signed copy of the executed agreement

Copies of your statements to verify the debt (this is a new one on me I thought that was for an SAR!)

 

They go on to state that they provided me with a copy of the CCA on 21 August, however I think they've sent a copy of the application form not the agreement because it has about my right to cancel still on it, not you have been given 7 days to cancel etc, also I can hardly read it. They also sent a copy of the terms and conditions which they say they previously supplied with their original response. HOwever these T&C's clearly state they will charge £12 for fees etc, anybody know when they lowered their fees? I believe the fees they were charging at the time i opened the account would have been much higher than this, so think is is a copy of T&C's as of today's date.

 

They then go on to say they have satisifed their obligation.

 

So, when were CC companies made to reduce their fees and should an executed CCA still show your right to cancel as opposed to the sentance stating Under CCA 1974 we should have given you a copy of this agreement at least seven days ago to allow you time to cancel, if we did not the agreement cannot be enforced without a court order? The application also never showed the APR, although the T&C's they've provided now does. Answers on a postcard please! the ap

[Duffers Mum]

Just realised something. At the end of July Sainsbury's Bank agreed to my paying £10 per month for an initial period of 3 months (by my reckoning that takes me to the end of October) they did state that interest and charges would still be added. However if they have agreed to this should they have then still be chasing me and sending default notices?

[powelll]

Just realised something. At the end of July Sainsbury's Bank agreed to my paying £10 per month for an initial period of 3 months (by my reckoning that takes me to the end of October) they did state that interest and charges would still be added. However if they have agreed to this should they have then still be chasing me and sending default notices?

 

They can still issue a default notice even if they have agreed a reduced payment ( as you have defaulted on the original agreeement ). Of course if they can't comply with CCA you can go the route of arguing that no CCA = no default & try to get it removed.

 

In terms of 'chasing' you it would really depend - if they were harassing you they commit a criminal offence

[Duffers Mum]

They say they have complied with my CCA request, but T&C's from today's date surely are different to T&C's from 2002?,also I think its an application form so need to try and get it scanned in, they are just being really obnoxious, i think they will send to it their in house DCA next, who will get exactly the same response from me, here's a tenner each month its all you're having!

[Duffers Mum]

Received my monthly statement today, Sainsbury's are still charging me late fees and interest. My debt to them when I asked them to accept reduced payments in July was just over £7,500, nice to see its now well over £8,000 thanks to their interest and charges. They really are quite despicible aren't they! I've had no letters from them for a few weeks now, not sure whether that is because of the postal strike or whether they have now passed it to a DCA, I wait with interest. If a DCA I guess I should advise them that Sainsbury's have not complied with my CCA request etc and continue paying my £10 per month.

[babybear39]

HBOS (Halifax Bank of Scotland) own half of, and run Sainbury's bank.

[babybear39]

Ermm..I think something went a bit wrong there My post seems to have been put before yours DM

[Duffers Mum]

Oh how strange, perhaps we have gremlins!

 

I know Sainsburys are part owned by Halifax by the shoddy way they do business!

 

Luckily for me my contract is up for renewal this month so I'll probably cancel it and get a new phone on a new contract with a new number, then they can send as many texts as they like! What makes me cross though is that they don't give you a number to text them back on so you can tell them to clear off, anyone any idea how to get around that?

[Duffers Mum]

I'm really cross, and I mean really. I received a text message today from Sainsbury's asking me to call them. Well firstly I've asked for correspondence in writing only. Secondly I opened my account with them in 2001, its now 2007 and i've only had my present mobile number for a year. So how did they get it. Well i suppose its obviously from Halifax PLC who have it. Surely Sainsbury's are a separate company and if I have asked for none of my details to be passed to anybody they shouldn't have passed it over. Obviously I can't reply because there is no number, anybody have any idea how I can text them back and tell them to go away? Failing that should I SAR them to try and find out where they got my number from?

[rosierose]

Hi DM

 

All the supposed differing companies under the HBOS are no more than brands. Sainsbury's Bank, Halifax, Bank of Scotland, AA Finance, the list goes on... Away from the high street they share the same premises, staff and data systems.

 

Case in point: I am currently defending and counterclaiming against Sainsbury's Bank, the claim was issued by Bank of Scotland.

 

Kind Regards

 

Rosie

[Duffers Mum]

Thanks for that Rosie, but surely that means they are separate companies with separate directors etc, I'm thinking now I should open another currently account or have my salary paid into my hubby's accout, as my account is with the Halifax. I hope I'm right in thinking though that they couldn't take money from a Halifax current account to pay a Sainsbury's CC, but they could to pay a Halifax CC? I'm pretty sure when I opened my Sainsbury's CC account they weren't in cahoots with Halifax then.

[rosierose]

I don't think they could do so legally, but I wouldn't put it passed them. It is my understanding that offset, is an entirely contractual matter - there is no statutory right to it. Perhaps it might be a good idea to scan the T&C's of your agreement to see if they can offset in that manner. Whatever the T&C's, I would think it prudent to open another account if you are in dispute.

 

Out of interest, at it's inception, HBOS was initially a junior partner (30%?) in Sainsbury's Bank, the other partner being J Sainsbury plc, but they have since upped their share to 50%.

[Duffers Mum]

Ah well, Sainsbury's can text and ring me as much as they want now because I've just changed my mobile number and this time I won't be updating it on my Halifax records

[The GodMother]

Nice one DM. I have had to do that to with my mobile number

[Duffers Mum]

I was very impressed with my Mobile PHone company, I said I was getting unwanted texts/calls and they said, no problem we'll change your number free of charge this time for you and it was all done in half an hour and I didn't even need to take out a new contract - what a change to get decent customer service, a few of our financial friends could do with taking a leaf out of their book!

[The GodMother]

yep. That happened to my partner his mobile number was changed in seconds as well.

[Duffers Mum]

AARRGH, I really do dispair of these companies at times. I have written numerous letters to Sainsbury stating categorically that I will only deal with them in writing. Following on from my email to them where I advised them to stop sending text messages to me, I have today received a letter apologising for the distress "the calls" may have caused, it apparently was certainly not their intention to cause distress! (I didn't receive any calls, just shows how much they actually read of things we send them!) and advising me that they have taken immediate action to suspend this activity (would find it hard not to suspend it as i've changed my number!). With effect from today and for an initial period of 3 weeks all collections activity will stop (which means I'll only have to deal with Barclaycard over those weeks). They then say, to arrange a mutually beneficial way forward, please call us to discuss your account!!!!

 

I will be sending off yet another letter to them advising them to read my file and accept my reduced payments and stop interest and charges and advising them yet again that I will not ring them.

 

The letter is actually very nice and polite and makes a change from the usual ones I have received from them, which I suppose is making some headway, but nevertheless they still keep wanting me to phone them.

 

I'll keep you posted

[Duffers Mum]

I've been reviewing my file on good old Sainsbury's as my three weeks will be up soon and no doubt the vultures will start circulating again. However as they only sent me an application form/agreement and no T&C's I am right in thinking they haven't complied aren't I? The T&C's they did send separately are ones which were obviously printed off their web site and the heading/footer clearly shows the date as being October 2007, so, no credit limit, no APR and only T&C's from this year. I've already told them they haven't complied, they say they have, I guess my next step should be TS, anybody know which TS I should contact as my account appears to be being dealt with by half the UK?

[Having_A_Knightmare]

Hi DM

 

Sainsburys have just sent me the exactly the same.

 

They need to send the original T&C otherwise the default of the CCA remains.

 

Its a sigh of relief when the application form came through my door with no perscribed terms:D

 

I have stopped payment now so I can see the fun begining.

 

HAK

[Duffers Mum]

Having a Nightmare, no doubt they are still happily charging you interest and charges though as they are me, this is what annoys me more than the defaults and threats, although they obviously shouldn't be doing either of those, but my debt with them has risen by hundreds of pounds since July, however when the time comes to start repayments or offering a F&F, I will insist all charges which should not have been added are taken off. Good luck