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David963
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A claim was filed against me by Sainsburys bank for an alleged debt, i had prevously (some 10 months ago) sent their representatives Blair Oliver and Scott a CCA request (they stated that they controlled the debt and all communication must be via them) i got no reply. it was sent recorded delivery and i still have the slip.

 

In july i got a summons via Norhampton County Court, i went on to the moneyclaim site, acknowledgment of service thus giving me 28 days and then enterred the defence before that timelimit, that they had failed to supply the requested documentation within the legal timeframe, actually i still do not have anything from them.

 

I have this morning received a letter from Sainsburys stating that the have obtained judgement, i have had no notification of court proceedings or anything. there is nothing on the moneyclaim site, i have had no letters and nothing to the email address that i had to submit.

 

I am very confused, what do i do now?

 

Any help would be appreciated

 

David

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Did you submit your defence online? if you did you need to ring the court and ask them what has happened you filed a defence and was expecting a court date - there appears to have been some mistake here

 

Did they sign for the CCA?

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Yes i did submit a defence online, and yes they did receive the letter, i have the printout from the post office site confirming delivery of the CCA, I have just sent an email to moneyclaim asking what has happened and am awaiting a reply

 

David

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This is getting stranger (or more interesting depending how you look at it)

 

I just spoke to the moneyclaim people at Northampton Court and they tell me that Sainsburys tried to enter a judgement but it was refused and the case has been barred, yet i have a letter stating that they have obtained judgement.

 

Waiting for the moneyclaim people to ring me back to find out what is going on

 

David

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OK this needs to be set aside urgently, my first instinct is that you have a pretty solid case if they haven't complied with the CCA request....they have to supply this (as it is a total defence against legal action).....(bear in mind that by NOT supplying the CCA within the specified timeframe (12+2+30 days) they have committed a summary criminal offence) I'm not sure what you actually have to do but one of the superb experts on here will be able to assist......

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This is getting stranger (or more interesting depending how you look at it)

 

I just spoke to the moneyclaim people at Northampton Court and they tell me that Sainsburys tried to enter a judgement but it was refused and the case has been barred, yet i have a letter stating that they have obtained judgement.

 

Waiting for the moneyclaim people to ring me back to find out what is going on

 

David

You need to speak again to the moneyclaim people at Northampton and get them to confirm IN WRITING what they told you over the phone first of all. This will give you a very big stick with which to beat Sainsburys about the head with. Its highly possible that Sainsburys in house lawyer assumed that his application would just sail through and be rubber stamped like all the rest. Did you ever get a CCA from them

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You need to speak again to the moneyclaim people at Northampton and get them to confirm IN WRITING what they told you over the phone first of all. This will give you a very big stick with which to beat Sainsburys about the head with. Its highly possible that Sainsburys in house lawyer assumed that his application would just sail through and be rubber stamped like all the rest. Did you ever get a CCA from them

 

 

No i have never recieved anything from them. (other than the usual nasty letters and threats) the woman form moneyclaim is going to ring me back and i will then ask here to send me written notification of what she has told me

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If after 12 working days from your request they failed to comply with your request for a CCA then they are in default. A further calendar month after the 12th working day they commit a summary offence and cannot enforce the debt without a court order.

 

Their are some great letters to write to them. Sit tight until you get a response from the Court. What was the debt for

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Hi David

 

I think you have a very watertight case here so do not worry too much - just need to see what the court come back with - what does it say online?

 

 

Looking on the moneyclaim site, it just shows the relevent dates of issue, acknowledgment and defence - nothing else.

 

ODC i did sent BOS a sod off letter in february, i have a copy of that as well, also sent recoeded and delivered and no reply

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If after 12 working days from your request they failed to comply with your request for a CCA then they are in default. A further calendar month after the 12th working day they commit a summary offence and cannot enforce the debt without a court order.

 

Their are some great letters to write to them. Sit tight until you get a response from the Court. What was the debt for

 

 

 

Many thanks for you help

 

 

Alleged debt is for an unsecured personal loan. as stated above i did sent one letter after additional month expiry is there something else is should send?

 

David

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Write to solicitors advising what MCOL has told you, and ask them what they're playing at, pretending to have obtained judgment when they in fact haven't, and stating that you are in a mind to complain about their conduct to the Law Society. I would demand an apology too.

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Write to solicitors advising what MCOL has told you, and ask them what they're playing at, pretending to have obtained judgment when they in fact haven't, and stating that you are in a mind to complain about their conduct to the Law Society. I would demand an apology too.

I think the Law Society is more like a Masonic Lodge for solicitors (apologies to any masons) and the Society of Solicitors in Leamington Spa would be a better body to complain to.

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Hi David,

 

It is not uncommon for letters like the one you have received to be sent to a Defendant in a case, without the Claimant having obtained judgment. The purpose of the Claimant or their solicitor sending such a letter, well frankly is anybody's guess, but in my opinion it is done to intimidate and send the defendant into absolute panic.

 

I can't offer a definitive answer, only Northampton can explain exactly what's gone on, but my view would be they haven't obtained judgment. The Claimant probably requested when filing the claim immediate judgment if a defence wasn't filed, they have sought this, but N/hampton have rejected their request, but the sols have sent you a standard letter, saying they've got judgment.

 

Don't email Northampton or speak to the 1st person that answers the phone, insist to speak to a manager and clarify that they received your AoS on whatever date you filed it, and your defence on whatever date you filed that also. Confirm that the Claimant hasn't received judgment with the manager, get that person's name and other details that identify them. Ask for an email to confirm what you've discussed and you're fine!

 

Always print off the last page, when filing a defence online, which is confirmation of filing it. It it time and date stamped and proof if something goes awry.

 

I hope this helps.

 

Regards,

 

Laiste.:)

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it gets worse....

 

I have now received an email from the court asking me to email my defence, i have cut and pasted it from the moneyclaim site so dont know what has gone on there, however i have now added a footnote to the effect that they sent me a letter 4 days after their case/judgement was deemed invalid (no idea why) stating that they had already obtained judgement against me.

 

So it would appear that my properly filed defence never made it to court

 

David

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it gets worse....

 

I have now received an email from the court asking me to email my defence, i have cut and pasted it from the moneyclaim site so dont know what has gone on there, however i have now added a footnote to the effect that they sent me a letter 4 days after their case/judgement was deemed invalid (no idea why) stating that they had already obtained judgement against me.

 

So it would appear that my properly filed defence never made it to court

 

David

Strange one yours.

 

If its still on the MCOL site then they should know you posted it

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Strange one yours.

 

If its still on the MCOL site then they should know you posted it

 

 

Exactly what i thought but when i mentioned it to the woman on the phone as i quoted from it she said that she was on a different system.

 

I did make mention when i sent it that i had copy and pasted it from the MCOL site and i printed the defence and quoted time and date.

 

Guess i just wait and see what happens, i suppose that as the court did not know about the defence then the bank would not have either. makes me wonder why their request for judgement was deemed invalid?

 

David

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Just got a letter from the Court stating that they have now lodged my defence, i put it on the website on 12th August (fortunately i took a print when i did this as the date shown now is 5th September which would be outside the timeframe for entering a defence), they tell me that they have now sent a copy to the claimant with a view that it may be sorted out between us without going to court.

 

The Claimant Sainsburys/BOS have ignored a properly formatted CCA request for nearly 10 months, what is the situation if rather than face a court and explain to a judge they simply send me a copy of the alleged agreement, can they simply get away with ignoring the law in this way.

 

This all may be pie in the sky as they havent contacted me at all but i wondered what my position would be.

 

I intend to make a formal complaint about their failure anyway and also about them sending me a letter claiming to already have been awarded judgement.

 

Any help would be apprecieated

 

David

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You should send them a letter regarding the non compliance of the CCA

 

Here is one of Curlybens alter it to suit

 

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the original creditor for resolution of this default, as DCA NAME cannot lawfully pursue any enforcement activities.

 

If DCA NAME chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service, HM Treasury Financial Crime Branch and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

BLAH

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