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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Duffers mum v Sainsburys Bank


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They did send me the T&C's under seperate cover, but they are not contained within one document, although I don't think that makes any difference now.

 

Do the terms and conditions they sent you look correct for the time you opened the account? ie correct year and bank etc. When I asked Cabot to supply T&C's for an alleged Morgan Stanley account they sent a single page of T&C's from Barclaycard dated 2005. At that time Goldfish would have owned the account.

 

If your SAR provides or you still have your opening statments you can check if the interest rate in the terms is the same as what was applied to your account.?

 

Do they say anywhere that interest can continue to be applied?

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MM - thank you..will get round to that later today :)

 

veryweary, they came with a compliment slip from HBOS saying 2002, and the penalty charges at £20 look about right for that time i.e they are not showing the lower £12 that they charge now :( however i've read them and nowhere does it say that interest can be applied after default, only says both before and after judgment (which somebody has told me is almost impossible to do anyway and is not the same thing?)

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Heard from Halifax today re my SAR for my Sainsburys card..they don't seem to be able to find any paperwork for the acccount number quoted...its definately the right account number as its on the old Sainsburys paperwork that i've got. I told them I suggest they try a little bit harder and that before they sell accounts they should ensure that all the paperwork is up-to-date! Useless!

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Its their job to reconcile the account number-you should not have to be supplying them with this.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 weeks later...

Right..i've received my SAR stuff from Sainsburys, but really need some help now as to what i'm suppossed to be looking for? I would say though that the agreement (which they have previously sent and which I still think is an application form) is there, along with the set of T&C's which were definately not current at the time..however there is no copy of the T&C's which Cabot have recently sent me as being from Sainsbury's Bank which they state are from the time the account was opened? What should I make of that one?

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Hi, Can you post up the ''agreement''

for us to see please??

As to the Ts & Cs you need to compare

them carefully to each other, what make

you think what have was not current at

the time the account was opened??

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http://i750.photobucket.com/albums/xx143/DuffersMum/Sainsburys/003.jpg

 

thats the agreement, they sent..the T&C's are showing on page one or 2 of this thread..these aren't from the date the account was opened because the overlimit fees etc are for the wrong amount (i.e after they were lowered). Cabot sent me a set of T&C's which they say are from when the account was opened and the overlimit charges etc seem to be as they would have been back in 2002, but of course I can't say whether or not they are from the actual date the account was opened.

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OK This form is headed as an agreement,and

seema to have the required ''boxes''.

Did you receive a statement of account with

your SAR.?

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Blimey full statements, the later ones I think

will be the ''conduct'' of the account since Cabot

bought it.

Any penalty charges or PPI ?

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Brig, I can’t help it, but I now read all of your posts in a Stephen Fry voice...

Gen. Melchette out ranks me.

I can't even do a take off of Frys voice.:madgrin:

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Not really no...lots of interest which Cabot have added, despite CCA not being complied with by either Sainsbury's or themselves since I requested it and no clause in the original T&C's which I can see (not posted on here yet) which state interest can be added after default. Not really got anything to help me have I? Only got the dodgy DN's which I know can be rectified :( as well I'm unemployed and skint so they can't have what I haven't got...

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Not really no...lots of interest which Cabot have added, despite CCA not being complied with by either Sainsbury's or themselves since I requested it and no clause in the original T&C's which I can see (not posted on here yet) which state interest can be added after default. Not really got anything to help me have I? Only got the dodgy DN's which I know can be rectified :( as well I'm unemployed and skint so they can't have what I haven't got...

Well if the worst comes to the worst, and they go to court, opt

for mediation and offer £1 a month get a Tomlin Order, (no CCJ recorded)

set SO for the £1 and forget it for a long, long time.

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Hi DM. Looks like ur still having peoblems. Will keep an eye on u.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi DM. Looks like ur still having peoblems. Will keep an eye on u.

 

I've just about given up on this one I think....its the same agreement which some at the beginning said wasn't compliant...now it appears it is..had I know this originally I would have put in a higher F&F when I was in a position to do so...your learn by your mistakes I guess :(

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I am lucky the only debts l pay are my water gas electric and one CC. All the others have been told were to go. Studio chased for a while even got several DCAs involved who after recieving one letter from me, with my list of charges for time etc, left me to it.

 

The only people who have contacted me recently is SRJ recoveries for a sky bill that is full of charges and l dont owe and was SB at the time and still SB now. They wont accept that its SB so l copied them into a formal complaint to the OFT and the ICO and suddenly got a we are not longer dealing with this account please contact the original creditor.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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There is also the fact that once

the DCA has contacted( viewed the CRA files)

for one debt, if they get a similar name etc,

they start trying to make connection across

the board.

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Well the only time l have been told about searchs or anything on my CF is when its been updated by the council in relation to the electrol roll or when l request a new one every year or when something drops off it. They can try and get money out of me but u cant get blood out of a stone so there is not one bit of luck of them getting it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 months later...

Quick update on this one..received a letter today saying they have recently been informed I live at this address..must have forgot to tell them..oh dear :D

 

Apparently they need me to ring them because my account is overdue (really Sherlock?) I presume I should just ignore? I told them earlier this year that I was unemployed, etc and my circumstances haven't changed, offered them a F&F, which they declined. Of course they are still hammering on interest, but they've not sent me any statements (even to old address as had a redirect on so they can't say they've been sending me letters because they haven't!).

 

Should I reoffer my F&F, or just ignore them?

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  • 3 weeks later...

In the absence of any response from CAGers to my above post, I chose to not doing anything. Today i've received a letter from Crapbot telling me they have recently purchased my account..you couldn't make it up..bunch of muppets..because they found out i had moved they obviously are treating it as a new account, as their introduction letter is accompanied by their leaflet telling me how helpful and wonderful they are...their letter does state interest is being charged at 12%, but I still don't know whether my agreement (if it is the agreement) allows them to do this..balance is now over £2K more than what it was when it was sold to them. My JSA runs out today so i've no income at all coming in from tomorrow...so their chances of getting even a penny out of me are nil.

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Time to get tough with them I think DM, they do so love writing long meaningless replies of drivel to any requests don't they? Why not go down the Priority One path? They seem to be having a push on these Sainsbury's accounts, probably because they realise they bought a bunch of lemons!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291468-Fighting-back-with-CPUTR-2008....

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Hi Miss M, nice to hear from you!

 

My problem is that I don't actually know whether or not what they have sent is enforceable or whether the T&C's that they provided are from the date the account was opened..I only have their word on it (and of course we know how truthful they are :D ) I don't want to be firing off letters to them if the documents are the real thing and enforceable.

 

Hilarious that they sent out a welcome letter, when they've had the account for over 2 years, just goes to prove the left hand doesn't know what the right hand is doing!

 

The CPUTR stuff is well over my head and I'll have to have a proper look at it all, so that I understand what i'm writing about..although they can do what they want really as i've no job and no likelihood of getting one so they can't have what I haven't got! I've told them this many times and it still hasn't sunk into their thick skulls!

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