Me V Sainsburys Bank Loan

[JULI99]

Sorry If This Is Posted In The Wrong Place Couldn't Find A Separate Place For Sainsburys.

 

My Question Is This. I Received A List Of Transactions From Sainsburys. Apart From The "admin Arrears Fees" And The "unpaid Item Costs" At £22 A Time Which I Am Going To Claim Back

 

Also Listed Were

 

"fbs Letter Costs" Rangeing From £10 To An Unbelievable £50 And

 

"fbs Telephone Costs" At £10

 

Would I Still Be Able To Claim These.

 

 

Many Thanks

 

 

Juli

[MARTIN3030]

I certainly would Juli as they cant justify them/wont be giving you a breakdown.

[JULI99]

Update

 

Prelim Sent

Reply:- No Way

Lba Sent

Reply:- No Way And As They Are A Loan Company The Oft Rules On £12 Max Fee Do Not Apply!!!!!!!

 

Got A Few Others To Deal With At The Moment And Will Get Back To This Later This Week

 

Juli99

[JULI99]

Well I Am Back To This One. Went Thru All The Statements This Morning. Couldn't Quite Believe What I Was Seeing. Sometimes My Payments Had Gone Thru A Few Days Earlier. Because There Was No Payment Made On The Due Date I Was Put On The 'default List'. Even Tho At Some Points I Was In Credit. Part Of The Reason I Stopped Making Payments To Sainsburys Was Because It Appeared No Matter How Much I Paid Them They Still Seemed To Want More And I Could Not Keep Up.

 

Anyway Total Charges Comes To £400 Including 1 Letter They Apparently Wrote Which They Say Cost Them £50.

 

Now Need To Wrestle With Interest Add Ons Etc Any Help Would Be Most Appreciated. Think I Missed Out On The Interest On Capital 1 Who Have Written Off The Whole Debt And Closed The Account. Added On The 8% But Did Not Add On The, Is It Called 'contractual Interest'

 

Thanks

 

Juli99

[JULI99]

Having Looked Around The Site Has Anyone Else Taken On Sainsburys Bank Loan As Opposed To The Credit Card.

 

Anyway Decided After Looking Around And Trying To Wrestle With Interest I Have Gone With Just Charging The 8%. Still Not Too Confident With When You Have To Add On Any Other Interest.

 

Anyway Mcol Going In Tomorrow For £381.04 + Court Costs

 

Even Tho Sainsburys Say I Am Not Allowed To Sue Them As This Is A Loan.

 

Juli99

[JULI99]

just checking when I am filling out the mcol form

 

I have a contract with Sainsbury's Bank PLC dated around etc etc

I am claiming the return of £xxx taken by the defendant in way of charges over the last 3 years and interest they have levied on those charges. The bank's charges are a disproportionate penalty

 

some of these charges refer to telephone calls and letters. Do I still call them penalties or do I list them as telephone calls and letters?

 

and therefore unenforceable as they are contrary to common law. As a disproportionate penalty they are invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The bank has failed to justify their charges. I claim interest under section 69 of the County Court Acts at the rate of 8% a year from x/x/xx to x/x/xx of £xx.xx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of x pence

 

Does the rest of it look ok for what is a bank loan. I used this wording for Capital 1.

juli99

[JULI99]

Received Letter From Blair Scott Oliver Today Saying That They Have Been Instructed By Sainsburys To Recover All The Money Owed.

 

The Last Line Being "do Not Ignore This Letter"

 

Sainsburys Were Issued With Court Proceedings Which Were Deemed Served On 4th October 2006.

[JULI99]

Received Acknowledgement From Sainsburys. They Now Have 28 Days From 10th October To File A Defense. They Intend To Defend All Of This Claim.

 

Anyone Else Going After Sainsburys

 

Juli99

[JULI99]

Recieved Letter From Hbos Plc, Legal Services Retail Division, In Halifax. Addressed To Me. It Reads

 

Your Claim Against Sainsbury's Bank Plc

Claim No. 6qz68206

 

Dear Mr Someone Else

 

I Refer To Your Claim Agaist Sainsbury's Bank

 

Unfortunately You Have Not Stated Your Account Number On The Claim Form And We Have Been Unable To Trace An Account In Your Name At The Above Address.

 

Please Could You Let Me Know Etc Etc

 

I Received On Thursday 12th October The Acknowledgement And Sainbury's Said They Intended To Defend All Of The Claim. They Obviously Looked At This Account And Obviously Thought They Could Defend This Claim And Then The Following Day They Say They Do Not Know Which Account They Are Talking About.

 

Or Do They Just Fire Off The "will Defend All Of Claim" To The Courts And Then Look At The Cases Afterwards

 

Might I Suggest That Ah Has A Word With Aob

 

Juli99

[JULI99]

Received Call From Bso Last Night.

 

They Did Not Know The Account Was In Dispute Or That Court Proceedings Had Been Started By Me.

 

"First They'd Heard Of It" Apparently

 

Juli99

[JULI99]

just wanted some explanation or confirmation that the following is right

 

mcol against Sainsburys for a bank "loan" issued 29th September

 

just noticed Sainsburys Bank "Card" Services are the ones who are going to defend the claim.

 

Is this right as I have never had a credit or any other type of card with Sainsburys. It could explain the confusion (see above).

 

Anyone else going for Sainsburys Bank Loan and whose got to the mcol stage.

 

Now I'm completely confused.

[JULI99]

Well looks like Sainsburys filed their defence yesterday.

 

The last day they could.

 

Waiting now for it to be allocated to a court.

[JULI99]

Sainsburys filed their defense. Apparently they still cannot trace me. MCOL said they would pass on my schedule of charges + a letter giving Sainsburys my account number. I don't think these have been forwarded.

Their seems to be some confusion.

 

Their defense reads

 

1 The Defendant is a Bank. The claimant ostensibly has a credit card account with the Defendant ("the Credit Card Account") although the account number was not specified in the Particulars of the Claim or in subsequent correspondence despite the Defendants repeated requests.

(I don't have a credit card I have a loan with them and I admit to sending a letter omitting the account number in error but equally they did send me a letter addressing me as Mr McCarthy. Not even close to what my name is.)

 

2. The Claimant appears to be claiming £xxx.xx in respect of bank charges, £xx.xx interest and £50 court fee.

 

3. The Claimant has provided particulars implying that £xxx.xx of his claim relates to bank charges incurred on his Credit Card Account. Subject to paragraph 1, if these charges were debited to the Credit Card Account they were so debited in accordance with the terms & conditions of the Credit Card Account ("the Account Conditions"), which the Claimant agreed to accept and by which he is bound. Under the Account Conditions, the Defendant is entitled to apply charges to the Credit Card Account, inter alia and so far as is relevant to this to this claim for

 

(a) Each time you o not make a minimum payment by the payment date.

 

(b) If your account balance is over your credit limit on a statement date.

 

and

 

© Each time a direct debit, cheque or other item is not paid, including a cheque which you write.

(Nowhere did I imply that I have a Credit Card with them. Also if they have particulars of my claim they will see that I am claiming back letter costs that range from £10 to £50 and telephone costs of £10 a time as well as admin arrears charges of £25 and unpaid item costs of £22.

 

Also "if these charges were debited to the Credit Card Account they were so debited in accordance with the terms & conditions of the Credit Card Account ("the Account Conditions"), which the Claimant agreed to accept and by which he is bound." I do not nor have I said anywhere that I have a credit card because I don't

 

4. The Defendant in correspondence dated 13th October 2006 and 20th October 2006 wrote to the Claimant and stated that it did not have the Claimant's account number and had been unable to trace an account in the Claimant's name from the address supplied in the claim form. The Claimant has not supplied the necessary information to enable the Defendant to progress the claim.

Did make a mistake on this however they did address me as another person. Still if they insist they cannot trace me I wonder how long it would take them to trace me if I stopped paying.

 

5. On the basis of the Claimant's non-disclosures as pleaded above, the Defendant denies that it is liable to the Claimant for the sums referred to in Paragraph 2 of this defence or any other sum.

 

6. Furthermore, the Defendant considers that this case is suitable for summary disposal and intends to apply for an order that the Claim be struck out unless the diclosures are provided.

 

signed by J M

 

For and behalf of A O'B

 

Might need help with the AQ and will be sending another letter about who I am with my account number on this time.

 

juli99

[JULI99]

About to fill out allocation questionnaire. In Section G Do I put

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

Do I need to include the bit about small claims track as the amount is definitely small claims. Also do I have to list what I am claiming for i.e telephone calls, letters etc as well as unpaid item costs and arrears charges?

Any help most appreciated.

JULI99

 

 

.

[JULI99]

Anyone?

 

Is the above what I put in section G.

 

Do I have to write it all in the box on the form or can I put it on a separate sheet of paper?

 

Simple yes or no will do, just get into a panic when I have to fill in any official looking forms.

 

Any help will be most appreciated

 

JULI99

[JULI99]

Anyone out there, feeling rather lonely.

 

I do hate forms, they bring me out in a cold sweat. Have looked at the AQ template. Do I just copy that. The give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide.

 

Help how detailed should the details be, and what documents do you enclose and what do you leave out, and how do you get it all in the box.

 

Breaking out in a cold sweat now just thinking about it.

 

If anyone can refer me to a copy of what some one else put and what documents they attached it would make me feel better.

 

HELP

 

JULI99

[JULI99]

Well Allocation Questionnairre Filled Out And Taken To Courts. Sainsburys Also Have Sent In Their Aq.

 

Next Stop Court Date.

 

Do You Think A Letter To Sainsburys Bank Re My Loan To Tell Them That The Credit Card Department Have Taken Over Their Defense?

 

Is There Anyone Out There?

 

Juli99

[JULI99]

Is there anyone out there going after a Sainsburys Bank Loan.

 

Feeling a little nervous as all the rest of you seem to have got some offer by now, or at least an offer of some type. All I've got is who are you letters and we have no trace of you ever having a credit card with us. Don't know how to get thru to them that I have never had a cc but do have a bank loan and my name is not McCartney.

 

Do wonder what they are going to say if it does get to a court appearance.

[shywazz]

Think you need to mail Bankthudder, he is most haelpful in such cases, looking at your thread, you do seem to be having no luck getting assistance from readers, hence might mean no-one has taken on sainsburys loan company, i myself work for sainsburys, however not in that area of what you are claiming, mail bankthudder think he best one to ask, since you nearly at your court date. good luck m8y .

[JULI99]

Thanks for that. Think I have sorted out the problem of why noone was answering, could have been because for some reason I was "invisible", red spot in bottom corner of message apparently.

 

Think Sainsburys are so used to having to deal with people going after them for credit cards that they have not read my claim and just assumed it is a credit card.

 

Though don't know where they get the name McCartney from.

 

Thanks for answering. Glad I have cast off my invisibility cloak.

 

JULI99

[JULI99]

Could anyone tell me how long after you have submitted the Allocation Questionnairre do you get a court date.

 

I submitted mine and I have been told Sainsburys have submitted theirs. Nearly 3 weeks have passed and I have not heard anything.

 

Is this usual?

 

juli99

[EndOfMyTether]

Hi Juli

 

I've just found your thread after searching for anyone going after a Sainsbury's Bank Loan because I have them on my list of accounts for reclaiming charges from.

 

It seems like you're having a rough time with them which kind of puts me off taking them on just yet. I'm new to all this and am just about to start reclaiming charges on a current account and 4 x credit cards with other banks so think I'll deal with that lot first and come back to the Sainsbury's loan issues later.

 

However, I wish you the very best of luck with your claim and will watch this thread with interest for any further news

 

A.

[JULI99]

Hi there

 

thought I was on my own on this one. Got a court date for 16th February 2006.

 

The only reason I am having a rough time is because as everyone else appears to be going after the credit card side of Sainsburys and Sainsburys have given up actually reading anything.

 

They seem to assume an awful lot and think they know everything.

 

They did ask for this case to be thrown out because they could not trace my credit card account.

 

Hopefully they will come to their senses soon or it is going to be a rather funny court case. Me claiming against their loan dept and their defense being I do not have a credit card with them.

 

Let me know when you start.

 

juli99

[JULI99]

Sorry 16th February 2007

 

juli99

[mollington]

just out of intrest, where did you send the sars ect

as i think that might be causing the confussion