Duffers mum v Sainsburys Bank

[Having_A_Knightmare]

Dm

It used to get me stressed about all the charges and intrest they keep putting on. Now I know they cannot enforce the debt I dont care anymore. I aint offering them no F&F as If I worked the debt out most of it will be interest from when I used to balance transfer all the time.

 

HAK

[Duffers Mum]

I received another letter today from Sainsburys apologising for the fact they sent me a text message to my DH's mobile number but they wished to explain that their telephone service aims to provide a quick and mutually beneficial resolution to any situation blah blah blah. What a load of cobblers, their telephone service aims to try and intimate people into paying more than they can afford!

 

They have removed the number, just as well as its been changed now anyway and have set an arrangement for three months for the amount I'm currently paying per month. However nothing about stopping interest and charges, still I guess it gives me a little more time up till Feb next year. I think I'll write back and say thank you very much, now as you haven't complied fully with my CCA request when are you going to refund all the unauthorised interest and charges and refrain from adding them in the future. What do you think my chances are of getting them to agree.....

[The GodMother]

Whats the chances of me winning the lottery without buying a ticket?

 

lol

[Having_A_Knightmare]

I got a reply from Sainsburys yesterday regarding sending an application form. The have sent me the application form again!!!

 

What planet they on!!

 

HAK

[The GodMother]

Well it sounds like plant Application form is a CCA.

 

Its half way across the galaxy turn right and the after about 1000 light years take a left.

 

Chrissi

[babybear39]

Sounds about right

[vandermerwe]

Er, I think they exist on planet Scotland.

 

Pretty remote place, but a few aliens reach England I've heard tell.

 

Vandermerwe

[Duffers Mum]

I've sent another letter off now recorded delivery, asking yet again why they are still charging interest etc and would it be please be possible to have the same person from the same company dealing with my complaint, rather than Mr Joe Bloggs who has so far written to me in the same name from Sainsbury's, Halifax and Bank of Scotland, I think they forget what paper they have in the printer! Absolutely useless. Next stop TS, but which TS should I approach, any idea?

[rosierose]

It really is a juggernaut of an organisation, DM. The front line soldiers have absolutely no idea of how it all works. Today I spoke to 6 different dept's there trying to speak to a person that apparently doesn't exist, but signed a letter posted two days ago.... sheesh

 

I believe it is this parkinsonianism, rather than any real malice that keeps getting them into trouble ...

[miss muppet]

Hi peeps, I'm going round the block or is that bend with them too!Umpteen letters arguing about it not being an agreement only an application then passed to Blair Oliver & Scott with threat of court action, so sent request under civil procedure rules, passed back to Sainsburys, demand for £10 as they said this comes under SAR request - thought about arguing but then thought knickers, paid it with postal order, umpteen telephone calls then daft letter saying they'd sent me the agreement and terms and conditions, never got either, also saying they can ring as many times as they like and visit me, spent this afternoon composing suitably uncomprising letter in reply so ding ding Round 54, round and round we go:mad:

[AuntiePink]

Sainsburys are currently calling me, on average, 20 times a day from 08.30 to 21.00. They only have my mobile number so I've put them in my phone book and set them a silent ringtone.

 

Unfortunately I can't do that for private numbers when they call withheld but I don't take private calls anyway so I just ignore that ringtone.

[miss muppet]

You would have thought Sainsburys/Halifax would have learnt from the harassment case (was it last year?) that they lost and had to pay compensation wouldn't you? Its a good job you're technologically savvy Auntie, what a disgrace 20 calls a day:x

[Duffers Mum]

Auntie - Have you sent them a letter stating you only want communcation in writing and more importantly have you actually sent a letter headed "COMPLAINT"?

 

Doing that has worked for me far better with both Sainsburys and Barclaycard because they have to deal with it in accordance with their complaints procedure. I'm not happy about the charges and interest, but if they keep letting me pay them £10 per month for the next few months and keep it "in house" I'm happier than if it was passed to a DCA.

 

Is your mobile contract or pay and go? if contract contact the company and ask if they will change your number. O2 did this for me recently, with no fuss, and no charge, I just advised them I was getting strange calls. If its a pay and go mobile, go and buy a new sim card with a different number. Either way with a number new they won't be able to contact you.

 

Good luck - they are an absolute nightmare!

[babybear39]

DM you report them to your local Trading Standards, here's the link:

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Auntie send them this letter ammended as necessary recorded ASAP:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

Hope this all helps

[Duffers Mum]

Thanks for that BabyBear, I'm just not sure which TS I should use. For my Barclaycard complaint I went straight to Northampton TS because my local TS didn't want to know. Where would Sainsbury's local T/s be based, in Halifax or in Scotland?

[babybear39]

Use the post code on the letters you get from them to find thier local TS

[AuntiePink]

Thanks guys. To be honest now they're on silent I just ignore them. It's only 12 more days till I can tell them they owe me a CCA

[Duffers Mum]

I got another letter from Sainsbury's yesterday, enclosing..yes you've guessed it.....another copy of the application form and another set of current T&C's. The letter adds that they note there is an agreement in place for me to pay £X per month, but they state that I only said I would pay that until I got my "agreement" their collections dept will therefore be in touch to discuss repayment.

 

Hmmmm, now let me see what my reply might be..yep its another go forth and multiply sort of response!!

 

I will write next week thanking them for sending me yet another copy of the application form and T&C's but advising they are still in default, I think I'll also email their local TS now too. My problem Babybear is that I get letters from Leeds, Halifax and Scotland too, so still unsure which to go for. I'll have a think over the weekend!

[The GodMother]

DM

 

Why not go for them all. Your bound to get some with all of them.

[Duffers Mum]

Godmother, you know that's exactly what I thought I would do! I'll keep you all posted!

[The GodMother]

Hi DM,

 

If you get a good response from one you may get a good response from them all.

My idea of a good response is:-

 

AHHHHHHHHHHH she has done as she treatened and now we are going to have to explain our selves. Maybe we should just leave her alone and call of the debts.

 

You can only hope

[Duffers Mum]

I received a response from Sainsbury's today in relation to my F&F settlement offer, only it wasn't from Sainsbury's it was from Blair Oliver & Scott, saying after careful consideration they are unable to accept my offer. Well I am going to respond saying I didn't offer you anything and I don't owe you anything. Yet another CC company assigning the debt when its in dispute, I am going to sit down over the weekend and email TS about these companies. I suppose that if BOS are dealing with this now at least it means the charges and interest will cease, but thats the only good thing. I will now write to Sainsburys with yet another complaint.

 

In the meantime I suppose I should ask Sainsbury's and not BOS what figure they will accept in F&F so that I can then barter with them. Will it ever end!

[The GodMother]

yep ask them.

 

I am in the middle of just looking over the letter again and will get back to u with it.

 

I have decided to make a nice addition to the letter that u will love.

 

Oh and remember to write to BOS and advise them to BSO ( basically sod off)

[babybear39]

A little accidental dyslexia creeping in there...Oops

[Having_A_Knightmare]

Well If they still have not produced an agreement with all the perscribed terms on it I would offer them nothing.

 

As the guy who wrote the Consumer Credit Act 1974 states below:

 

As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County TrustLtd [2003] UKHL 40, [2003] 4 All ER 97.

Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.