Duffers mum v Sainsburys Bank

[Duffers Mum]

The second default notice gives me 5 days to pay, the first one (from last year) gives me 14, I must admit I'm getting a bit anxious about this now, which no doubt is what they want, I would just like them to be reasonable and accept a fair F&F settlement.

[rosierose]

Perhaps, you should take the time to read some of the threads of people who have been in similar circumstances, DM. It may ease your worries a little.

 

Believe me, you hold all the cards in this situation. If what you say is true HBOS have absolutely no hope enforcing in court.

 

The fact that they are so unreasonable in refusing your F&F settlement offer is ultimately their loss!

Edited May 22, 2008 by rosierose

[babybear39]

If I had the documents they've sent you I wouldn't be offering an F + F. I'd be inviting them to take me to court

[Duffers Mum]

Rosie - thanks for your replies and i know what you say makes sense, i'm just worried that i might have to go court!

 

BB - I wish I had your confidence! I'm sure the documents don't comply, but I can't be 100% sure, why would they threaten court action if they didn't think they had all the correct documentation in place?

[babybear39]

Have you scanned them up here?

[Duffers Mum]

BB not yet, going to see if i can get DH to do that over the weekend

[babybear39]

Once you have the documents scanned we can then ask one of the people with more knowledge than me to look them over and you can then make a better informed choice

[The GodMother]

well the quick answer to that DM is they will not provide the courts any details and they will hope to get a deafult judgement against you as they will hope u dont reply to the paperwork.

 

U will find loads of companys dont comply with the rules and have a hope for deafult judgement policy.

[Duffers Mum]

So i guess the answer to that is, if i get the paperwork, to fill it in and return it asap? Would that come direct from the court?

[The GodMother]

yes and there will be easy signs it is a court document but i will go into these later.

[The GodMother]

anyway in the mean time have u sent a SAR request?

[Duffers Mum]

No, not yet, will try and do that soon. Have been very busy enjoying a well earnt holiday and, because these useless companies refuse to accept what I've offered as F&F, I've also bought a new car, without the need for finance (thanks to DH's inheritence) was a lovely feeling being able to pay with my debit card, we've also paid a huge chunk off our mortgage and cleared a big loan we had, unfortunately most of the money has gone now but we think we've put it to good use, although would loved to have just kept it for us to spend frivoursly! Still have a few grand put aside for when the idiot companies decide to accept what i've offered, but thats all I've got so they won't get any higher offers!

[Duffers Mum]

I have today received another letter from Blair Oliver & Scott thanking me for my recent comunication but advising it is not their policy to accept a reduced offer in settlement of an acount unless the circumstances are of an extreme nature or the offer a substantial one, if any amount is paid lower than the full amont they will accept the amount as part payment to reduce the balance but I would remain liable for any remaining balance.

 

apart from the fact I haven't offere BOS anything, my offer was to Sainsburys bank, how do I respond? Should I state that not providing the correct documentation requested in a CCA is by my reckonining an extreme nature of circumstance as a court would wish to see the correct paperwork, or should I just respond and say, your loss, this money will now be used to up my offers to my other creditors?

 

Any advice would be much appreciated, i am going to S.A.R - (Subject Access Request) Sainsburys this weekend, have been so busy sorting out my late mother in law's estate I haven't had much time to deal with these idiots.

 

Another thing - am I correct in thinking that when they issue a default notice it should be accompanied by an up-to-date statement? I have not received any statements from Sainsbury's since March 2008. I have just checked that statement and the current balance outstanding and they have now, at last, stopped adding interest and charges (my balance increased by over £1,000 since my reduced payments due to their charges etc).

 

Am off to do my SAR to them now.

Edited June 21, 2008 by Duffers Mum

[Duffers Mum]

Help! is this the correct letter to send them?

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

I want to make sure I send the correct one! Thanks

[Duffers Mum]

Am I right in thinking that if I have sent a letter headed Official Complaint to Blair Oliver & Scott they are obliged to respond to that within a certain timescale. I sent a letter to them in early May headed official complaint, enclosing a copy of a letter I sent them in April which I also asked to be treated as an official complaint, and the only thing I have received from them is a letter saying they do not accept my offer (which I never actually made to them anyway). Who should I report them to?

[babybear39]

If it's 8 weeks since your first complaint, report them to the Financial Ombudsman Service:

 

Financial Ombudsman Service

[The GodMother]

8 weeks BB i think this is more than 8 weeks.

[Duffers Mum]

I have just emailed the Financial Ombudsman Service to complain about Blair Oliver & Scott's lack of response to my official complaint. I'll keep you posted.

[Duffers Mum]

Received an email reply from the FOS advising me I need to send in the proper form before they can act, however they have given me a reference number so I will have a look into what I need to do further later today. As Blair Oliver Scott have not sent me a copy of their complaints procedure or even acknowledge my complaint which was sent in April they are well outside the 8 weeks in which they should have responded.

[babybear39]

Having an FOS ref. number is a good start...Good luck

[Duffers Mum]

Form downloaded and filled out, and accompanying documentation all copied, am posting off to FOS tomorrow, although don't expect them to actually do anything, however they should do just for the fact that BOS haven't sent me a copy of their complaints procedure and I asked for it in April! Do firms get charges if the FOS have to investigate?

[babybear39]

Yes. About £400...

[The GodMother]

yes its £400.00 per complaint i think.

[Duffers Mum]

Thats good to know, I think i'll report Barclaycard now as well, and Mercers, and Credit Solutions, oh and Cabot and Citi Cards, and not forgetting 1st Credit, that should do for now!

 

Oh and is is my 500th post!

[The GodMother]

Oh so ur deciding to get your moneys worth then lol.