Duffers mum v Sainsburys Bank

[Duffers Mum]

Sadly nowhere near SB as I continued making token payments to Sainsburys how I wish I'd listened to you now lol, my others all become SB next year and defaults will drop off credit file, along with this default but that's all

[citizenB]

You might want to copy those two letters to the OFT, Duffers Mum.

 

The first one breached OFT guidelines in that they must not imply that they have obtained CCJ when they havent and the 2nd confirms they were fibbing. Error my btm !!

[Duffers Mum]

Citizen will look into doing just that..I know from reading other posts that its standard procedure,for them to send that letter out, so implying it was sent in error is also untrue

[jackospades]

Hi DM..I have a similar Sainsbury's Bank credit card, dated 2002...and am dealing with an Unenforeceable Agreement (missing prescribed terms). Also a defective DN.. Was just wondering, where did you get your original application from ...and did you post a copy up of it ?

[BRIGADIER2JCS]

CCA Request to Cabot to get a copy of the agreement, however after 11 years it may no longer be available.

[jackospades]

CCA Request to Cabot to get a copy of the agreement, however after 11 years it may no longer be available.

Sorry, I meant the original blank form, was it 2002...and was it from a magazine, the Bank...a mailshot...applied for by post ...picked up in Sainsbury's supermarket ?

Edited May 19, 2013 by jackospades

[Duffers Mum]

I'm not sure to tell the truth...I can't remember

[Duffers Mum]

I'm sure it's posted up on this thread somewhere what they sent me when I requested a copy

[jackospades]

It's just I saw a case a while back...Traynor v Phoenix recoveries, where Traynor said he was given an application form in Sainsbury's supermarket...and I'm sure there was another where the guy recalled the application form 'fell out of a magazine' he had bought. both early 2000's. My application form was in the Sunday Express, as I recall...It helps if you can remember where and what you had when you signed it I guess.

[BRIGADIER2JCS]

May I ask the point behind this please?

[Happyhippy1959]

Oh Duffers Mum, is this little odyssey still continuing ?????

 

Now take a good big chunk of delight out of this. 1. Wright Hazzle were caught with there pant's down telling you a porky pie, if they think they can do it,, what do you think Crapbot do.. BUT THE MOST IMPORTANT THING I SEE ON MAY 21ST 2013 IS THEY STILL HAVE NOT TAKEN YOU TO COURT !!!!!!!!!! SPEAKS VOLUMES TO ME. IF THEY THINK THEY HAD A CASE FOR YOUR HARD EARNED THEY WOULD HAVE BEEN THERE FASTER THAN MR BOLT.

 

I hope there is a little smile on duffers mum's face,

[Duffers Mum]

but I still worry lol

[jackospades]

May I ask the point behind this please?

 

I was asking DM if she could recall where she obtained the blank application form from because from what I've seen of the application form they have sent her back, there is no mention of any prescribed terms on it. Not sure it even says overleaf or attached. This suggests it was a seperate leaflet perhaps to the application form ..or maybe no leaflet at all...in which case it is unenforceable (127(3))..DM would need to recall though, which she says she cannot at the moment.

 

The issue regarding Cabot charges...there should be no charges after the default is issued. in fact it is arguable if charges should be applied after the creditor has been first advised of difficulties with the account. A letter to Cabot should be sent, listing all fees/interest and compounded interest demanding a refund and advising the issue will be taken to the FOS if they fail to comply. The FOS will insist they refund...If there was any interest or fees charged by Sainsburys after you agreed a reduced payment plan, these should also be refunded too, so send them a letter too and tell them if they fail to refund, you go to the FOS with them too., The FOS will make them refund you..

[jackospades]

oh, and head your letters OFFICIAL COMPLAINT...then they have to respond through the complaints procedures...

[Duffers Mum]

I can't remember, but what they have sent is the application form and a load of t&cs printed off on a computer, I will check charges from sainsburys, I don't want to contact Cabot at the moment as they are quiet, I will wait until they start again!

[BRIGADIER2JCS]

oh, and head your letters OFFICIAL COMPLAINT...then they have to respond through the complaints procedures...

Formal Complaint is the correct term then they have 56 days to reply, and if they make a Final Response you can take the case to FOS.

[Dotty50]

Citizen will look into doing just that..I know from reading other posts that its standard procedure,for them to send that letter out, so implying it was sent in error is also untrue

 

They were making the same 'error' more than six months previously to your's Duffers Mum! Same letter sent to my OH in Oct last year for a Citi card.

 

I've been looking for my Sainsbury's thread but can't find it! Will have to get my file out and update myself with it as I've received a call on my mobile, a text and now a letter today from ARC Europe. I can't remember the last time I had any correspondence regarding Sainsbury's CC.

 

I'll have a full read through your thread when I have a little more time

[citizenB]

Dotty, is this the one you were looking for ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?199840-Sainsburys-CCA&highlight=Sainsbury

[Dotty50]

Where have you been hiding that CB?

 

Thank you, looks like I've got a lot of updating on it but I haven't had anything for ages that I can remember and the months go by so quickly, it may be 2009 since I heard anything!

[citizenB]

Where have you been hiding that CB?

 

Thank you, looks like I've got a lot of updating on it but I haven't had anything for ages that I can remember and the months go by so quickly, it may be 2009 since I heard anything!

 

It is rather odd Dotty.. it wasn't in your thread list.. but when I entered ... Dotty50 + Sainsbury.. into the advanced search engine, that thread appeared ! Tis a mystery for sure.

[Duffers Mum]

Cabot have sent me a letter saying they have been trying to contact me as I owe £xxxx to them.

 

 

.the last I heard was in March 2013 when Wright Hassell said they were closing their file and returning it to Cabot.

 

 

Presume I shoild just ignore?

 

 

If they take to court now surely the court will wonder why they have taken 5 years and not contacted me for almost 2 years?

[oleg]

Courts are used to claims from anxious creditors bearing cases on brink of S B. Nothing especially unusual in a 2 year absence of contact and I'm afraid it doesn't much help you. If I were you, I wouldn't be responding to Cabot just yet.

[Duffers Mum]

Another little note from Cabot saying they understand how difficult it is to clear my account over a short period of time and because they are nice caring people they are prepared to reduce the balance and all I need to do is give them a call...for starters the balance wouldn't be as high if they hadn't added almost £3k of unauthorised charges, then farmed it out to a group of muppet solocators who implied cabot had a CCJ against me before closing their file and returning after they couldn't find appropriate paperwork...if they think I'm calling them they are sadly mistaken...they can jog on.....however I guess by offering me a reduction means they know they don't have the correct paperwork...I await their next letter!

[The GodMother]

How long till SB. This must be getting close

[Duffers Mum]

Sadly not until summer 2016 as I carried on paying...I've since received a statement of account and associated garbage from them, obviously their new way of doing things...says no charges are added, not sure what.the £2.5K which has been added by them is if not charges...they really do take the Micky.