Duffers mum v Sainsburys Bank

[miss muppet]

Its really quite simple DM, you are just asking them if they are so sure they have an enforceable agreement to produce it. Used this tactic on one of OH's , - Goldfish - following this they commenced court action just in time for Xmas but couldn't come up with the goods following CPR requests so had to discontinue!

[Duffers Mum]

I'm getting weekly letters from Cabot now...the same as the ones I received when they first bought this acccount, apparently according to the latest I have to contact them by phone so they can help me get this debt paid off...they've got 2 hopes of that..and 1 of them is Bob!

 

Can somebody please tell me whether they are allowed to charge interest at 12% from when they purchased the account? Surely if they have only just provided me with the T&C's interest can only be charged from that time?

[Duffers Mum]

Latest update...another letter received today saying i must contact them within 7 days or THEY WILL either instruct an external collection agency to call on me to recovr the debt (they are very welcome...they haven't met my dogs yet ) or instruct a solicitor to start legal action. The outstanding balance they quote must be at least £2,000 over what the actual debt is because they added interest at 12% from day one despite not having complied with a CCA request. I also offered them a F&F of 10% which they turned down, its all I had as i'm unemployed and dont qualify for any benefits..

 

If this goes to court and I suspect it might now would the court take into account the fact that the CCA wasn't complied with until after £2,000 of interest was added?

 

Should I ignore them and let this run its course, or should I respond telling them exactly what i've told them before i.e unemployed, no benefits, no income etc?

[Duffers Mum]

Anyone? Seems to be very little activity on this site these days

[BRIGADIER2JCS]

Really how odd I for one have been busy here all day,

it has to be remembered that we have day jobs and have

to travel to and from work and sometimes eat, drink and

rest,.

[Duffers Mum]

we never used to get the sarcasm either

[citizenB]

I'm getting weekly letters from Cabot now...the same as the ones I received when they first bought this acccount, apparently according to the latest I have to contact them by phone so they can help me get this debt paid off...they've got 2 hopes of that..and 1 of them is Bob!

 

Can somebody please tell me whether they are allowed to charge interest at 12% from when they purchased the account? Surely if they have only just provided me with the T&C's interest can only be charged from that time?

 

 

 

 

Do the terms and conditions allow for them to add interest ?

 

Was the account properly defaulted and terminated prior to it being sold to Cabot.. eg..

 

Did you receive from the original creditor a Default Notice that gave you 14 clear days (allowing either 2 days - 1st class or 4 days - 2nd class mail).

Did they then terminate the account?

 

Did you receive a Notice of Assignment from either Cabot or the original creditor.

 

Have you looked at similar threads to see if there is anything on those that can help?

[citizenB]

Anyone? Seems to be very little activity on this site these days

 

With the best will in the world, volunteers with lives of their own can only do so much

 

If you have a situation where an URGENT response is required, then please just hit the panic button - the ! in triangle at the bottom of each post and someone will look in on you as soon as they can

.

[Duffers Mum]

Do the terms and conditions allow for them to add interest ?

 

Was the account properly defaulted and terminated prior to it being sold to Cabot.. eg..

 

Did you receive from the original creditor a Default Notice that gave you 14 clear days (allowing either 2 days - 1st class or 4 days - 2nd class mail).

Did they then terminate the account?

 

Did you receive a Notice of Assignment from either Cabot or the original creditor.

 

Have you looked at similar threads to see if there is anything on those that can help?

 

Thank you for responding I have duff default notice x 2, Blair Oliver Scott asked for the full balance after the DN's were served so I presume that means it was terminated? Not sure about the T&C's allowing for interest because I don't know if the T&C's they've sent are actually from around 2002. My main query at the moment is, even if the T&C's allow for adding of interest, should Cabot have been adding it from the very start, when my CCA was still outstanding. They only sent the alleged correct T&C's recently, approx 2 years after they took over the account. I will try and scan in the T&C's they have sent me over the weekend.

[citizenB]

Follow the instructions below to post up documents and you should have no problems.

 

 

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

Perhaps it might be worth a final letter to Cabot advising there is a dispute, that the original creditor was aware of prior to Cabot becoming involved - and that they should return it to the Original Creditor for resolution.

 

Perhaps suggest that there appears to be no provision for them to be charging interest (are they adding default charges? - if so they shouldnt be adding those either).

 

If you have not received Notice of Assignment from either them or the OC, then perhaps send them the following in order to establish their status.

 

 

Draft request for assignment - Amended Draft.pdf

[Duffers Mum]

I received a NOA allegedly from Sainsburys but in the same type face etc as the Cabot letter it came with, which I believe is standard practice. I've told them on many occasions the account was in dispute and shouldn't have been sold on..and also advised they should not be adding interest because there was no document which said they could, to which they replied it was allowed in the original agreement, the very document they couldn't produce at the time..before receipt of the T&C's they sent me a very dodgy recon agreement which was the same document as shown on the first page of this thread in #15. It was dodgy because it had a glaring error contained in it!

[rebel11]

There was no sarcasm intended, but this site is run by volunteers for the benefit of individuals who need help, volunteers aren't around all the time, but are around intermittently.

 

we never used to get the sarcasm either

[coledog]

If you do not get a response to a thread, it is worth 'bumping it' or giving someone a shout - particularly if you think it is in the wrong section!

[rebel11]

Guys can we respect each other, please, Thank You.

[Gallahad]

It may well not have been intended but it was ill considered and the site team defending it en masse does little for the rapidly eroding reputation of CAG.

I know the person concerned is a very valuable contributor and has done much to assist the needy but he is still human and therefore liable to occasionally have human reactions.

G

[rebel11]

I've read it several times, it's factually correct, so no defence required, 'rapidly eroding reputation of CAG', that's interesting, did make me 'chuckle'.

 

It may well not have been intended but it was ill considered and the site team defending it en masse does little for the rapidly eroding reputation of CAG.

I know the person concerned is a very valuable contributor and has done much to assist the needy but he is still human and therefore liable to occasionally have human reactions.

G

[BRIGADIER2JCS]

It was only just over 24 hours that the post was unanswereed.

[coledog]

Not as offensive as the previous one I reported!!

[DonkeyB]

Think it would do us all good to read your thread again from the start - lots has changed in case law since it started.

[Duffers Mum]

Think it would do us all good to read your thread again from the start - lots has changed in case law since it started.

 

Thank you as mentioned previously my main question was whether Cabot should have been charging interest from the beginning of when they bought this debt when they had not complied with my CCA request therefore it would have been unknown as to whether or not they could charge interest because they could not provide the T&C's applicable at the time the account was opened, and if this went to court would they judge make me be responsible for all the outstanding balance or what the balance was before this interest was added? I appreciate lots had changed in regard to the CCA and that reconstructed agreements are now allowed and judges don't seem to care whether they are accurate or not! I want to be able to go back to Cabot and say the interest you have charged should be removed (fat chance I know) because you were not entitled to charge it at that time..Along with the dodgy DN''s I really don't know where I stand and I need to be prepared as I think they will take this court.

[rebel11]

As CB has pointed out, if your post is unanswered, click the black triangle with the exclamation mark, the site team will help as soon as they are available.

[coledog]

When was the last payment made to anyone on this? Do you own a property that could attract a Charging Order?

 

Looking through this you have had some good advice and I honestly think that if Crapbot thought they could take action, they would have done so by now. They seem quite happy to keep sending threatograms even though you have told them you dispute this and the interest.

[dadofholly]

Can somebody please tell me whether they are allowed to charge interest at 12% from when they purchased the account? Surely if they have only just provided me with the T&C's interest can only be charged from that time?

 

Where does the figure of 12% come from? Is that the amount quoted in your original agreement?

[dadofholly]

Reading through this thread it apears that Cabot have not sent you the correct terms & conditions that were in force at the time the agreement was taken out - am i correct and was this a response to a formal CCA request?

 

Have you recieved, at any time, a compliant DN?

 

Can you scan and upload the Assignment notice?

[Duffers Mum]

When was the last payment made to anyone on this? Do you own a property that could attract a Charging Order?

 

Looking through this you have had some good advice and I honestly think that if Crapbot thought they could take action, they would have done so by now. They seem quite happy to keep sending threatograms even though you have told them you dispute this and the interest.

 

the last payment was made a couple of years ago..I was more than happy to pay Sainsbury's nominal payments and they had ceased interest..unfortunately yes I am a home owner, but I believe before they could apply for a charging order they would have to get a CCJ and I would have to fail to adhere to the terms - is that right?