HAK V Sainsburys Bank*Court claim issued**WON**BALANCE WRITTEN OFF

[Having_A_Knightmare]

Letter sent telling them the default is void due to the following reasons.

 

Incorect time scale

Incorrect amount due to unlawfull charges

Still have not fulfilled section 78(1)

 

Lets see what they throw at me now.

 

HAK

[Having_A_Knightmare]

After sending a letter telling them basically to go away or take me to Court they have sent me a final demand letter today saying they will pass on to a DC.

 

Cant wait for that!! I wonder who it will be.

 

They keep digging a bigger hole!!

 

Ive reported them to T/S today and sent all the info off to them.

 

HAK

[bathgatebuyer]

Brilliant, HAK! I look forward to hearing how this one goes too. They took about 4 months to respond to my CCA request, but they did eventually resolve everything when I went to their Chief Exec. That seemed to spur them into action. However, I'm not convinced by the integrity of the 'CCA' they sent me as it's a signed agreement but with the present terms and conditions for the card stapled to it, not the terms and conditions at the time the card was taken out.

 

Sounds as if you and I have had similar issues with both Sainsburys and RBoS.

[Having_A_Knightmare]

UPDATE

 

T/S have requested the default notice, calling card and final demand notice so they can write to Sainsburys.

 

Also just got a letter from Sainsburys saying we are no longer going to respond to any more letters from me and if you are not happy contact the FOS. PS your account is still in arears please pay.

 

I am going to forward this to T/S. and any other they send!!!

 

 

HAK

[Having_A_Knightmare]

UPDATE

 

Sainsburys have sent me the same application form again and a 2007 credit agreement with terms and Conditions on. Apparently they have now fully complied with my request and I must pay the arears....ummm dream on Sainsburys.

 

Another letter to T/S

 

HAK

[diskmandave]

Sainsburys have sent me the same application form again and a 2007 credit agreement with terms and Conditions on. Apparently they have now fully complied with my request.

 

Yup... That complies with your request under the Consumer Credit Act. It doesn't however make the debt enforceable if the "agreement" is not of the prescribed form and/or content.

 

Think you need to look at this from a different angle now...?

 

Best wishes, Dave.

[bathgatebuyer]

HAK, that seems to be you in exactly the same situation as I am with Sainsburys. Like Diskmandave suggests, I think I'll try this new tact.

[diskmandave]

Maybe start attacking it from this kind of perspective...

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/109902-diskmandave-wescot-4.html#post1285732

 

Regards, Dave.

[Having_A_Knightmare]

Hi Dave

 

Not sure what you mean on the above.

 

I have tried every letter under the sun and they are still not giving.

 

The last one was one of Toms saying take me to Court.

 

HAK

[diskmandave]

If you've sent them a letter stating the "agreement" is not of the prescribed form/content/unenforceable and you've sent a take me to Court letter then the fact that they're threatening a DCA just goes to show that they know they have nothing and will continue to pursue regardless, just like RW&C did with me.

 

So if that's the case i'ld let them farm it out and quickly point out to whoever gets it that it's in dispute and they're breaching OFT Guidelines on Debt Collection.. They do get fed up, eventually!

 

Is that as clear as mud now??!

[Having_A_Knightmare]

Cheers Dave.

 

You never know T/S might bend over backwards for me as well.

 

Hold up did you see that flying pig:D

 

HAK

[Having_A_Knightmare]

just got a letter from Blair Oliver and Scott saying pay up or we will take you to Court....Good thats what I want you to do you fools!!!!

 

HAK

[bathgatebuyer]

Are Tradings Standards in discussions with Sainsburys on the basis of their failure to comply with the time limits for requesting a CCA, or that the agreement doesn't comply with the requirements of the legislation?

[Having_A_Knightmare]

Hi BGB

 

Not sure how T/S are going to play this but since I made the complaint about them they are been helpfull. I have told them I have not received an agreement just a card request form with no original T&C. I will be sending the letter received today off to them

[bathgatebuyer]

I'll email Trading Standards in Edinburgh today to add a bit of weight to what you are doing as they never matched the legal timescale, and what they did send was not in the correct form. The quicker they realise that Sainsburys and other lenders in the capital are routintely breaching these requirements, the better.

[bathgatebuyer]

Have you had any news yet from TS? I've heard a big fat hee-haw.

 

I've since also written to Sainsburys telling them that upon reviewing the CCA they sent me last year, I'm not convinced that it complies with the legislation and asked what they are going to do to satisfy the requirements of the legislation. The ball is in their court.

[Having_A_Knightmare]

T/S have request a copy of my agreement and it looks like Sainsburys are ignoring them. Im going to see T/S face to face shortly so they can discuss this and the other 6 cases I have presented them with.

 

Already T/S have said that they may not take further action. Well If they do not I will be going back to my MP.

 

In the mean time Siansburys have passed it on to Blair Oliver and Scott....no suprise there!!!

 

HAK

[bathgatebuyer]

I've also passed my Halifax stuff onto them without much luck. My Uncle is a TSO in another part of the country, so I think I'm just going to get hime to deal with it from here on in. I don't think Edinburgh's Trading Standards have much in the way of teeth!

 

Might be worth mentioning your problems to your MP and the Trade Minister?

[rosierose]

Edinburgh TS may have teeth but don't know how to bite... They have very little knowledge of the CCA in my experience

[Having_A_Knightmare]

I got a reply from Gareth Thomas saying what T/S are supposed to do. I will show them the letter when I see them.

 

One more thing is the lady from T/S said there will be several people in the meeting. I hope they are not going to try and leacture me about my debt problem. If they do there will be trouble. I am thinking about recording the interview what do you think.

 

HAK

[Having_A_Knightmare]

T/S requested my agreement on 10th March. They have ignored there request. They have requested it again....

[Having_A_Knightmare]

Just checked my credit file and Sainsburys have defaulted me.

 

Another mission for me

[bathgatebuyer]

Oh dear - so they've defaulted you while ignoring Trading Standards?!

 

With me, I prepared a complaint to the FOS today about the 'CCA' that was sent to my by Sainsburys. I imagine the FOS will take some time to even consider this and ultimately side with Sainsburys but at least by complaining I'll cost Sainsburys time and money!

[Having_A_Knightmare]

Hi All

 

Been a mad couple of months my end and have not had time to breath>>>

 

Sainsburys today have issued a Court claim against me from the Bulk Centre.

 

Funny as it has come direct from them and not a DC.

 

CPR letter will be send Monday and acknowledgment to Court as well.

 

Watch this space I can see this getting very interesting.

 

HAK

[bathgatebuyer]

HAK! Good to hear from you again! By coincidence I was coming on here to update my own Sainsburys thread - namely, FOS returned my complaint saying it is 'not their role to Police banks' so I've sent it back asking them to help consider and resolve a dispute not police anything.

 

Also, decided that I'm p*ssed off with Sainsburys not being able to present the appropriate documentation to me so I've complained to the OFT and asked them to consider their credit licence given their failure to observe the law and continued failure to observe the OFT's own Guidance Note on Debt Collection.

 

Feel like joining me in my complain, HAK?!