Duffers mum v Sainsburys Bank

[Happyhippy1959]

Tell them they have fourteen day's or it's withdrawn...!!!!!!!!!!!!! then down to 8% and don't budge. Personally, I give them diddly hi squat.

[Duffers Mum]

I'm really not sure whether to just sit it out..they don't deserve anything after all the unauthorised interest they have added!

[Duffers Mum]

Well i made the decision to not reoffer my F&F to them and today i've received another letter from them headed "Pre-Visit Notification" No further notice will be given... if i don't contact them within 48 hours they MIGHT commence legal proceedings, or a doorstep agent will be calling...well i'll let the dogs know i'm sure they'll be delighted to welcome them...should i get the posh china out ready?

[miss muppet]

Nah, the cracked mug and stale cake will do for them! Totally agree with your decision, hope you sent them the letter advising them that your dog will have his teeth on show if they should turn up!

[Duffers Mum]

Have been checking my credit file and have noticed that Cabot do not seem to have added their 12+% interest for the past three months, wondering what I should read into this...I don't think for a minute they've given up, could it be a clue to maybe their instigating legal action?

[BRIGADIER2JCS]

May be they have stopped as a ''gesture of goodwill'' or more likely it's not been processed.

[Duffers Mum]

Update: After Cabot passing this over to Fire, who i've ignored, they stopped adding interest (which is one good thing I guess after adding over £2K), today i've received a letter saying Cabot have now passed this onto Quantum and if they don't have any success it will be passed to Wright Hassall, a firm of solicitors. Are Quantum the next desk down from Fire in the Cabot Office? Quantum's letter (ahem) which came in the same envelope as the one from Cabot, using the same type face and numbering down the side of the page, says I should contact them with a realistic offer blah blah blah...

 

Can anybody give me some idea of what the likely next course of action will be? Should I contact them with a "without prejudice" F&F even though i can't afford to, or should I just ignore them?

 

Thanks

[BRIGADIER2JCS]

This will just go round in circles I think until Cabot get fed up and farm it out to another DCA.

 

An F& F starting at no more than 10 % of the balance at first giving room to negotiate together with your terms:

 

1. The remaining balance will not be sold or assigned to any 3rd party.

2.ALL CRA entries to be marked satisfied.

3.You require written confifmation of the offer within 7 days.

Send to the Compliance Manager by RD.

 

foget the without prejudice as if this did go to litigation you will no be able to show ypu have tried to settle.

[Duffers Mum]

Thank you for that...i would like to think that if Cabot were sure they could get something out of me they would have taken it to court by now...but I could be totally wrong on that one! I offered 10% to Cabot a year or so ago and they refused it and carried on adding the interest/charges each month...as metnioned at least they appear to have stopped the adding of interesting over the past 4/5 months, probably realising they were just adding to something which would not be paid.

[citizenB]

On what basis are they adding the interest ? Have they provided a copy of the agreement that states they are permitted to do so ?

[Duffers Mum]

On what basis are they adding the interest ? Have they provided a copy of the agreement that states they are permitted to do so ?

 

From what I can see of the agreement there is nothing in there that permits it (I think a copy is further back on this thread somewhere)..not that something like that would ever stop Cabot doing whatever they want to do. Am I right in thinking if I send a without prejudice letter it would not restart the statute barred clock? Not that it is SB for a few years yet though unfortunately

[citizenB]

TBH, I really dont know the answer to that one.

[BRIGADIER2JCS]

You should not use with out prejudice, if this was to go to court you bwould not be able to show that you had attempted to settle.

An offer on an exgratis basis admitting no liabilit is a different matter.

[Duffers Mum]

but would that set the SB clock back to the beginning again?

[BRIGADIER2JCS]

NO the OFT says an admission is an ''unequivocal written axknowledgment or payment'' that's why I suggested the exgratia payment with no admission of liabilty.

[Duffers Mum]

Thank you for the clarification I tried to add to your reputation but apparently I have to share the love around a little I will wait and and see what letters are forthcoming before making my decision...I really don't want to start the letter merry go round cycle again!

[BRIGADIER2JCS]

no problems glad to be of help, if you decide to try the F&F let me know and I' ll draft it for you.

[Duffers Mum]

Will do..thanks

[Duffers Mum]

Update: After Cabot passing this over to Fire, who i've ignored, they stopped adding interest (which is one good thing I guess after adding over £2K), today i've received a letter saying Cabot have now passed this onto Quantum and if they don't have any success it will be passed to Wright Hassall, a firm of solicitors. Are Quantum the next desk down from Fire in the Cabot Office? Quantum's letter (ahem) which came in the same envelope as the one from Cabot, using the same type face and numbering down the side of the page, says I should contact them with a realistic offer blah blah blah...

 

Can anybody give me some idea of what the likely next course of action will be? Should I contact them with a "without prejudice" F&F even though i can't afford to, or should I just ignore them?

 

Thanks

 

Further to this post above I received absolutely nothing from Quantum but have today received a letter from Wright Hassall saying they understand I may currently have a charging order in place on our property! Anyway they go on to say they have been instructed by Quantum blah blah....Unless I contact them within the next 10 days they MAY obtain a copy of my credit report which they will review in order to obtain a better understanding of my finances and my credit file will help them understand what assets I have (no it wont), my current employment status (umm no it wont) and my ability to repay. Based on this information they will assess the potential for any further enforcement action.

 

So..what should I do...contact them? Ignore them? Stick my head in the sand? I've not heard much about this firm of "solicitors" so any information anybody can provide would be greatly appreciated.

 

Thanks

DM

[Duffers Mum]

Grateful for any help on this please

[citizenB]

Yes, Quantum and Right Hassle are all part of the same group.

[citizenB]

Further to this post above I received absolutely nothing from Quantum but have today received a letter from Wright Hassall saying they understand I may currently have a charging order in place on our property! Do you have a charging order on the property ??

 

Anyway they go on to say they have been instructed by Quantum blah blah.... How nice for them !

 

Unless I contact them within the next 10 days they MAY obtain a copy of my credit report which they will review in order to obtain a better understanding of my finances and my credit file will help them understand what assets I have (no it wont), my current employment status (umm no it wont) and my ability to repay. This sounds scary doesnt it ? Silly beggars are probably on speed dial with the Credit Agencies.. and will already have an up to date copy of your file..

 

Based on this information they will assess the potential for any further enforcement action.

So..what should I do...contact them? Ignore them? Stick my head in the sand? I've not heard much about this firm of "solicitors" so any information anybody can provide would be greatly appreciated.

 

Thanks

DM

 

Give me a few minutes to catch up on the thread, see what you need to do, if anything.. !

[citizenB]

Personally I would not even think of offering any F&F until they comply with your s 78 request. They will just smell blood and pester you more.

 

What charges have they added? They can’t add anything if there’s no T&Cs to say they can. Idiots.

 

Have a read up of Carey v HSBC to determine what they have to supply –*it’s not ALL variants of T&Cs, just those applicable when the account was opened and those applicable when it was terminated. If they are recons, they MUST have your name and address on there, EXACTLY as they were when you took out the alleged agreement and also those in force when (if?) the account was terminated.

 

They cannot enforce while they remain in breach of a valid s 78 request – Phoenix Recoveries v Devendra Kotecha [2011] refers.

 

From what I can see, the situation remains the same as it did back when donkeyB posted the above.

 

To fully comply with an s78 request they need to send..

 

copy of the agreement or truthful reconstruction

terms and conditions that were applicable at the time of inception and at default (if any variations then they should be sent as well)

Statement of account.

 

From what you are saying at the time of entering into the agreement you were not provided with terms and conditons and I notice others have advised that the agreement did not appear to have any prescribed terms.

 

2 x Default notices sent are a joke and I am not sure when it came into force.. but I think the 2nd one should have contained a copy of an OFT notice and a statement to that effect contained within the DN.

 

Cabot are adding charges, even though there appears to be no clause allowing them to do this.

 

In between the receipt of the first DN before they issued the 2nd, did you make any payments ?

 

I notice you offered them a F&F at some point which was refused. I am assuming your offer was made minus any charges that had been added ?

 

Can you please edit, scan and post up the latest missive from Right Hassle, please Follow instructions below 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

[Duffers Mum]

Citizen..thank you will post up the right hassle rubbish when I get home later..and in answer to your question there is no charging order. Not sure if I made any payments between the two DN, but I may have as I was making token payments to Sainsburys before they farmed it out to Blair Orrible and Stupid. Charges have now not been added for the past 3/4 months which is good at least, but the balance is still £2K more than when Cabot bought it.

[Duffers Mum]

Hoping this will work...this is the latest I've received from Wright Hassall

 

http://i750.photobucket.com/albums/xx143/DuffersMum/012_zps17a6dcd7-1_zps2b43983d.jpg