Duffers mum v Sainsburys Bank

[Duffers Mum]

Sainsbury's did send me a copy of my application form which does show a credit limit and also has mine and their signatures. However they sent T&C's on a separate document which looks like its just been downloaded from their web site, so I guess that means they haven't complied, although they state they have. I know I should just chance it and walk away but to tell the truth I'd rather get them (and my other creditors) off my back, you'd think in this day of the credit crunch they'd be glad of something wouldn't you....but it appears they are all still greedy and want the whole lot including unauthorised interest and charges.

[The GodMother]

u have just nicked my favorite saying at the moment.

[The GodMother]

Sainsbury's did send me a copy of my application form which does show a credit limit and also has mine and their signatures. However they sent T&C's on a separate document which looks like its just been downloaded from their web site, so I guess that means they haven't complied, although they state they have. If i sent you a letter saying u owed me 3 million pounds would you assume that because i said u owed me the money that u did...........i thought not. I know I should just chance it and walk away but to tell the truth I'd rather get them (and my other creditors) off my back, you'd think in this day of the credit crunch they'd be glad of something wouldn't you....but it appears they are all still greedy and want the whole lot including unauthorised interest and charges. Greedy what Sainsburys Never. I would not have thought that.

 

 

Just because they say they want something does not mean they will always get.

 

U haggle DM as they will back down b4 u will as u have everyone of us to back u up.

[nicklea]

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,

...

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!

 

Hi,

 

Blair Oliver Scott are just the inhouse debt collection agency for HBOS or Bank of Scotland originally (note the similarity of the initials) Sainsburys bank is 50% owned by HBOS and 50% by Sainsburys (although HBOS might now own more than 50%)

[Duffers Mum]

This is what I have written to Sainsbury's:-

 

I was rather surprised to receive a letter from Blair Oliver & Scott advising me that my offer to them of £xxx in full and final settlement was not acceptable, as I have not offered Blair Oliver & Scott any kind of settlement.

As you are well aware my account with yourselves is in dispute due to your inability to provide a true copy of my credit agreement as requested under the CCA in my letter to you dated xx xx 2007 and therefore is unenforceable, interest and charges should not be added and the account should not be passed to any third party for collection.

I am happy to communicate with yourselves but I will not communicate with Blair Oliver & Scott whilst this dispute continues as such I would like this letter to be registered as an official complaint.

I would be grateful if you could advise me what you would accept in full and final settlement on this account, bearing in mind this debt is unenforceable at the present time as you have failed to provide the correct document, however I only have limited funds available to me and if we cannot reach a compromise the funds I have offered you will be used to pay one of my other creditors, therefore I would appreciate a response from yourselves and not Blair Oliver & Scott as soon as possible.

 

Then to BOS I am sending the following:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

I was rather surprised to receive a letter from yourselves dated xx xx 2008 advising me you had carefully considered my full and final settlement offer. I have not offered your company any full and final settlement figure as I do not owe your company anything.

My account with Sainsbury's Bank is in dispute as they have not provided me with a true copy of my credit agreement as requested from them on xx xx 2007 and they are therefore in default and as such interest and charges should have ceased, the account should not have been assigned or passed to a third party, and it remains unenforceable.

I therefore suggest that you return this account back to Sainsbury's Bank immediately.

Please treat this letter as an official complaint in that you do not have my permission to hold any personal details about me, let alone requesting I send you money which has yet to be proved is owed to Sainsbury's Bank.

I will communicate only with Sainsbury's Bank whilst this account remains in dispute.

 

I will send both of these off tomorrow Recorded Delivery and see what comes back!

[The GodMother]

cool.

 

You put them in there place DM.

 

Soory i could not up load the letter for u it does not seem to be liked ATM.

 

Will sort it out and file it over the next few days so if u want you can have a different one.

 

Nice to inform them they will lose the offer unless they accept and the money will go elsewear. they wont like that.

[Duffers Mum]

Aaarrggh, I am slowly losing the will to live! Today in the post I received a letter from Blair Oliver & Scott advising me that Sainsbury's Bank have instructed them to obtain payment of the balance owed and also a Default Notice from Sainsbury's Bank which I found rather odd because they issued me a Default Notice in September, why would they issue another one? Also interesting to see that since my balance has risen by £1000 since the time I requested my CCA and they failed to comply, so thats all interest and charges. These letters have crossed in the post with mine to them, so I don't think i will bother to reply to them, merely wait a response from them. Idiots, the lot of them!

[The GodMother]

Yep.

 

Do u have in writing that they agreed to stop all charges? If so and if they take you to court then they are up the creek without a paddle.

[Duffers Mum]

GM, unfortunately they never agreed to stop charges or interest and have been adding them even though they have not provided the CCA.

 

My local TS have replied to me and said you should contact the CAB we don't give financial advice. Thick or what, i've emailed them back and said these firms have broken the law, don't you deal with that now either? Muppets!

 

Can a company register 2 defaults and surely if one or both is made up of charges and interest that shouldn't have been charged because the account is in dispute the amount(s) will be wrong anyway?

 

Can anyone advise me on what I should do now?

[Duffers Mum]

Have now received a response from my local Trading Standards and they have asked that I ring them to discuss this matter, which I will do on Friday afternoon when I'm home.

[Having_A_Knightmare]

Have now received a response from my local Trading Standards and they have asked that I ring them to discuss this matter, which I will do on Friday afternoon when I'm home.

 

Dont hold your breath on T/S.

They told me that they can do nothing as to the magistrate act they can not prosecute after 6 months from when the offence was commited. So basically you have 6 month to report the to T/S when the 30 days are up.

 

HAK

[Duffers Mum]

HAK - first i've heard of that, but I'll check it out when I speak to them

[Having_A_Knightmare]

HI DM

 

Would you let me know.

Cheers

HAK

[The GodMother]

thats wrong as some of my cases are only now going in to ts and they have not told me that. and i started my files in september.

[Having_A_Knightmare]

GM

 

Thats what they have said to me. They had a major attitude problem as well.

HAK

[The GodMother]

Oh yes the attitude problem. needless to say the stuck up snobs at my local TS must love the fact they have to deal with customers.

[Having_A_Knightmare]

GM

One of them kept saying "even if we could take them to Court we would not do this as it is not in the public interest. You can find the details of this policy on the Council website"

 

i give up!!!!

 

HAK

[The GodMother]

Maybe you should get in touch with these ppl then.

 

Possible Justice at last.

[Duffers Mum]

I've just spoken to TS who were about as much help as the proverbial chocolate tea pot. According to them, Sainsburys (and others) would say they provided this document (CCA) at the time the card was issued and they cannot take this matter up with Sainsburys. Is it any wonder that these cc companies and banks get away with what they do, there is nobody on the side of the poor consumer. Not quite sure what my next step is. I've offered Sainsburys a F&F, should I offer Blair Oliver Scott the same and hope to just get the debt out of the way and what are the chances of BOS accepting?

[babybear39]

Offer them 10% and get it in writting

[The GodMother]

U just need to inform BOS that the account is in dispute with sainsburys and as a result you have reported them to OFT for taking up and trying to chase this debt.

 

If you search reallymadwoman on here then u will find a case of bos being made to give her compo.

 

just stick with offering sainsburys what u can afford and make it clear to them they take the offer or the money goes esle were.

[Duffers Mum]

I must admit I've cancelled all my standing orders now apart from the one to M&S who are the only ones not to pass to a DCA, they all say payments should be made the DCA's, well as the accounts are in dispute with the original creditors (apart from the Goldfish one, but I've CCA's Cabot on that one this week) I have no intention of the paying the DCA's anything unless I absolutely have to, on the other hand I want to get shot of all these debts, I feel like i'm going round in circles.

[The GodMother]

well then if they want there money then they need to take the offer.

[Duffers Mum]

I sent my original letter to Blair Oliver Scott last month and they signed for it on 17 April, in it I asked for my letter to be treated as an official complaint. I heard nothing more from them until today when they have sent another of their threat-o-grams, requesting me to ring them on their 0870 number, which I obviously have no intention of doing.

 

I am writing them another letter which i will post off today stating exactly the same as my first one to them, i.e account in dispute etc. I have also advised that I have yet to receive a copy of their complaints procedure.

 

I feel like i'm going round in circles, Sainsbury's bank will no longer reply to my letters and Blaire Oliver Scott just ignore what I say.

 

What should I do now?

[The GodMother]

normal.

 

The trick someone else found was put PAYMENT ENCLOSED in lettering like that on the envelope and then it gets the first class treatment till they read the letter.

 

Have fun with these Numptys they will pass it to there in house solicitors or a different DCA if they get no luck