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    • Dear All,   BN - Thank you for your comments.    My wife had prepared the relevant notice to the court and rather than spending time redacting I am sending it as PM to the contributors to this thread. It covers everything we have been discussing and is in line with  your comments and our discussions.   For the benefit of readers oif CAG I will redact and post it later as we have pressing family medical matters to attend to.    Warm regards BF  
    • Maybe have a third chamber, The Peoples' House 😃
    • Thanks for the images. It's shocking. This more than ever reinforces my view that you should take this to court. The number of people they must be fobbing off with this three months story is incredible – and they need pulling into line. If you simply complain to the CEO then they may sort out your problems – but the rest of it will go on as usual. They need something very serious here. In fact, I would think about suing them for £200 because I think that once they realise about the mistake they are making, they will be extremely anxious not to go to court. On the basis of this, I'm afraid I don't think I would even alert the CEO. I would send a letter of claim which will probably simply be seen by drones – and then issue the papers. I think you have an easy win on this case. Also, once they realise that they are dealing with a court case, they will look at the whole situation more carefully and they will probably sort out all of the problems at the same time. If they don't, then these two have laid down your marker and they will know that you're not mucking around and they will take you seriously.
    • These are the two incidents from Virgin Chat where their Live chat has informed me of the 'only 3 months' decision.... 15 April was the date they acknowledged receipt of my SAR. Apparently anything from before that date can't be included!
    • You could try both routes at the same time. Send your letter of claim by email to the CEO email address. Confirmed by letter. That way you have communicated with the CEO – but given a very definite deadline and a very definite promise as to what will happen if they don't comply. Then on day 15 sent the claim. Don't make a threat of legal action if you don't intend to carry it out. Don't bluff – but it is very easy to do
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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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??

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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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

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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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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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