Duffers mum v Sainsburys Bank

[Happyhippy1959]

Good old Wright Hazzle, they were the Muppets that went to repossess me house after I gave the keys into the BS, they only went to the wrong house !!!!!!!!!!!!!!!!! Duffer's Mum, it's the same old same old, stick by your gun's, they are only sabre rattling. Tell them they are in breech and let a Judge decide if they think they have a case. Time to put this to bed. Tell em, CCA please ( original ) not some Alice in wonderland made up one. No more contact and bye bye. That's my opinion, you have nothing for them to take, so be it.

 

The shout is yours, anyway HAPPY CABOOT FREE NEW YEAR X X X X

[Duffers Mum]

Received another letter from wright Hassall saying balance remains outstanding, I must contact them within 10 days otherwise they may take additional action against me to the court to enforce the judgement previously obtained against me! The last bit is hilarious as no judgement has been made against me in the past. They goon to say they look forward to receiving payment in full by return. So where do I stand? I guess they could start proceedings? As they have asked for the full outstanding balance and the account wasn't properly terminated because of dodgy default notice could this work in my favour, plus the charges added by Cabot which they shouldn't have added as according to most the agreement they have supplied doesn't allow for it, also not sure the t&c's are from when the account was opened etc.. Getting a bit confused on what I should do next?

[BRIGADIER2JCS]

Well you a great chance to pu them in their place on the breach of the OFT Guidance by claiming that a CCJ has already been awarded for a start.

 

I can draft a letter for you is you wish.

[DonkeyB]

Go for the idiots. All guns blazing.

[Duffers Mum]

Thank you that would be helpful..I know it's a standard letter they have sent but they should at least get their facts right

[BRIGADIER2JCS]

:laser::laser:

Go for the idiots. All guns blazing.

[DonkeyB]

Thank you that would be helpful..I know it's a standard letter they have sent but they should at least get their facts right

 

That’s not really a standard letter. And that would be no excuse anyway.

 

You need to write to or email the OFT about this, and also contact your local trading standards office. You want to complain that they are deliberately misrepresenting the true legal situation – by claiming that court action has been taken, and has been successful, when it has not – and that you feel this letter is being used to frighten and harass you. This is strictly agains the OFT debt collection guidelines.

 

Make sure you complain. It’s all part of your ammunition into pressuring them into a settlement on your terms.

[BRIGADIER2JCS]

Received another letter from wright Hassall saying balance remains outstanding, I must contact them within 10 days otherwise they may take additional action against me to the court to enforce the judgement previously obtained against me! The last bit is hilarious as no judgement has been made against me in the past. They goon to say they look forward to receiving payment in full by return. So where do I stand? I guess they could start proceedings? As they have asked for the full outstanding balance and the account wasn't properly terminated because of dodgy default notice could this work in my favour, plus the charges added by Cabot which they shouldn't have added as according to most the agreement they have supplied doesn't allow for it, also not sure the t&c's are from when the account was opened etc.. Getting a bit confused on what I should do next?

 

Ok this goes to Nick Abel

Senior Partner

Wright Hassle

 

 

Ref: as on their letter.

 

Formal Complaint/Breach of OFT Guidance of Debt Collection 2003/21012.

 

Dear Mr. Abel,

 

I refer to a letter dated xx xx xxxx regarding a debt allegedly owed to your client Cabot Financial, having noted the content of this letter I feel there are points that as a firm of ''solicitors'' you should be aware of.

 

1. This letter claims that Wright Hassle intend to ''enforce'' a county court judgement obtained against me in the past, take note NO such judgement has been obtained, this is a definite breach of the OFT Guidance on Debt Collection 2003 amended November 2012, Section 3.3 (unfair/improper practices) (d) '' Sending misleading communications.......'' Alsi section 3.5 (b) is also relevant as no CCJ exists. There is also a breach of section 3.5 © '' Stating or implying that enforcement proceedings wil ensue ...... see examples in the guidance.... under circumstances in which a court judgement has not been obtained.

 

2. This allleged account was tnot properly terminated due to a non compliant default notice.

 

3.Your Client Cabot Financial has added charges which are not permitted under the original agreement.

 

As a result of this serious misconduct in dealing with this matter I am reporting the matter in full to the OFT and will be making a complaint to the Solicitors Registration Authority with a comment to both regulators on the fitness of Wright Hassle to practice and hold a consumer credit licence.

 

I suggest that you now return the file to your ''client'' as I will no longer deal in any way with Wright Hassle because of the apparent incompetence.

 

A copy of this letter has been sent to the Compliance/Legal department of Cabot Financial for information.

 

Please note this communication is NOT an admission of any liability to Wright Hassle or your client Cabot financial.

 

This communnication is sent by RM Recorded Delivery, receipt will be checked.

 

OK DM let's see the waffle that come out of this.!!

[Duffers Mum]

Thank you very much for that, I will get it sent off once I can get out of the house! It will be interesting to see how they respond! I will of course update this thread once a response is received.

[BRIGADIER2JCS]

Thank you very much for that, I will get it sent off once I can get out of the house! It will be interesting to see how they respond! I will of course update this thread once a response is received.

 

Please do send a copy to Crapbot too.

[Duffers Mum]

I most certainly will

[Duffers Mum]

Would it be ok to email letter to them and also send a copy rd? Weather is dreadful here and don't know if I'm going to be able to get to post office to post off letter to get to them by their deadline?

[BRIGADIER2JCS]

Yes, but follow up with rd when you can.

[Duffers Mum]

Thank you,

[Duffers Mum]

Emailed copy of letter of to wright Hassall and Cabot, will try and get recorded delivery off tomorrow. I guess now I report to oft etc?

[DonkeyB]

Yup. Get that snow-covered boot going firmly into their shrivelled goolies.

[Duffers Mum]

Reply received saying account on hold whilst they investigate the contents of my letter! Reported to oft as well, just have to do the solicitors regulatory authority now.

[BRIGADIER2JCS]

If you need any assitance please yell.

[Duffers Mum]

Received a letter reply to my email from wright Hassall saying they are investigating the contents of my letter and will revert back to me in due course, account on hold, also received a reply FTP the same letter which was sent rd, fro. Mr Abel, who has addressed me as Mr and got my second name initial wrong (classy type of partner lol), he advises he has passed letter to compliance dept so they can deal with the allegations and also to another department. Nothing yet fro the copy I sent to Cabot.

 

Will be very interesting to see what their response is.

 

Also had a reply from OFT saying they have noted contents of my letter and will place it with similar in case they need to take action in the future, from what I remember this is a similar reply to when I've reported others previously.

 

Will update as and when!

[Duffers Mum]

Another letter received addressed to me in my capacity as a man again! Advising they are finding the documentation and will revert back to me.

 

My question, as the default notice was dud I presume the account should be transferred back to Sainsburys bank for them to reissue? If that is the case do they have to reissue at the original outstanding balance, I.e without the unauthorised charges from Cabot?

 

Thanks

[citizenB]

There should be no default charges included within a Default Notice anyway ?? They are not arrears.

[Duffers Mum]

Thank you, that will knock £2K off the outstanding balance then!

[Duffers Mum]

I was only thinking about this last night and low and behold I received a letter from Wright Hassall today, advising that they have been unable to a copy of the default notice and have therefore closed their file and returned it to Cabot..all together now...awwwwwww they advise a ccj has not been obtained as intimated in their previous letter and this had in fact been sent on error. Yea right, do they think I'm stupid lol. If I remain,dissatisfied I should contact the financial ombudsman,,,well I might just do that!

 

So I await to see who contacts me next on this one!

 

Brigadier thank you for your help with the letter

[BRIGADIER2JCS]

Your welcome DM!!

[The GodMother]

This is still going. Must be near SB now. Just tell them all were the door is.