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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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Blimey full statements, the later ones I think

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

bought it.

Any penalty charges or PPI ?

 

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

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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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Please Consider making a donation to keep this site running!

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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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