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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bong v Sainsbury's Bank Card Services


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Hi all, just to let you know I issued my claim against Sainsbury's Bank (visa card) at MCOL today. Claiming £291.95 charges and interest, plus £29.24 county court interest, plus £50 court costs

TOTAL £371.19.

 

Will update here as and when I hear anything. :p

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Received letter today from Sainsbury's (Margaret Rae, Complaint and Consumer Guidance @ Pitreavie Business Park, Dunfermline) :

 

Dated 18th August 2006 [received 19 September - she must have meant 18th September]

 

Dear [bong]

 

I refer to a letter received on the account. [Well she could have been a little more specific - does she mean my court claim or one of my earlier letters?!]

 

Naturally from the outset I would like to apologise that you have found cause for complaint about the charges applied. I am sorry for the inconvenience this has caused you. [etc.etc. blah blah blah]

 

However, I am sure you will understand that like other organisations we incur costs for managing your account for late/unpaid payments or overlimit situations. The bank believes it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our organisation, penalising all our other customers as a result.

 

[blah blah..]

 

To show our commitment to you I am prepared to offer you a refund of charges to the value of £187.50. [where did that figure come from I wonder?]

 

If this is agreeable to you please sign and return the enclosed acceptance form to allow us to complete the refund to the account.

 

I trust this clarifies our position however should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns.

 

If I am unable to do so, you will also find enclosed a copy of our Complaint Leaflet that provides details of how you can contact the Financial Ombudsman Service for help. However, if I don't hear from you in the next eight weeks, I will assume you are happy and close my file.

 

Should you wish to discuss your concerns further, then please telephone me on the above number.

 

Y/S...

 

Enclosed form for me to sign:

 

ACCEPTANCE FORM

 

In Full and Final Settlement

 

I, [bong]

of [bong's address]

confirm that I accept the offer of £187.50 from Sainsbury's Bank in full and final settlement of my complaint regarding Credit Card charges on any of Sainsbury's Bank Credit Card accounts. This will be paid into my Sainsbury's Bank credit card account only.

Signature........

Date..........

HBOS Use Only

Solve It [i like it!] Reference: xxxxxxxxx

Authorised by........

Colleague's Initials.........

Date received.........

 

 

I intend to reply as follows:

 

Dear Ms Rae

I am in receipt of your letter dated 18th August 2006 but dispatched on 18th September.

In this letter you refer to "a letter received on the account." Not surprisingly I am unclear as to which of my letters you are referring. If it was my letter of 7th September I must point out that your response has exceeded my timescale, and court action has already commenced.

If your letter is in response to my court claim of 14th September, please note that I am not prepared to accept your offer of £187.50 to settle my claim. For your information the claim number is 6QZ63316 and was issued in the Northampton County Court. The court has directed you to reply to the claim by 3rd October.

Y/S [bong]

 

Does anyone have any other thoughts before I send this off?

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  • 2 weeks later...

They have acknowledged claim in the name of HBOS plc.

 

Had a letter from HBOS legal services in Halifax today, saying that on a commercial basis its not worth their legal costs to defend my claim, and without admission of liability they will repay (to my account) my charges of £237, my 8% county court interest of £29.24 and my court costs of £50 but not the £54.95 interest on charges, because it is "not supported by Halifax plc's records".

 

I have replied today by letter, enclosing my spreadsheet of charges and interest, informing them that the £54.95 is the interest attributable to the charges, and that I want it all back. Said I will settle for a cheque of £372.87, being the up-to-date figure including county court interest accrued since my claim was lodged at MCOL.

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Got a funny story about this one - sent my 9 year old son off to the post office yesterday with my recorded letter - we even practised first with me being the lady behind the glass - gave him the £1 and off he went. Came back with my stamped receipt and guess what, a 50p stamp clutched in his sticky mitts. Me - what's that you've got there? him - Oh the lady gave me two so I put one on the letter like you told me and posted it!! Yes, I did, I made sure I was there at the postbox at 5.30, waiting for the post collection van, out in the pouring rain, umbrella and 50p stamp in hand, and he let me sift through all the afternoon's post until I found it. Ah the relief!! Poor bloke must have thought I was going to hold up his van or something.

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Hi Bong (and anyone else who can help),

 

I'm a bit stuck with the address of where to send my SAR to for Sainsburys CC.

 

I see you got a reply from a "Margaret Rae, Complaint and Consumer Guidance @ Pitreavie Business Park, Dunfermline".

 

Is this who you sent the Sar too ?

 

Many thanks in advance :)

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OK - need some help please - Judgement by default was issued by MCOL yesterday. Does anyone know if I should / have to give them time to pay up or should I just steam ahead with a warrant of execution today? I know it won't get processed by MCOL until Monday anyway, but am I jumping the gun?

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Have typed up the following letter to go to HBOS today:

 

RECORDED DELIVERY

20/10/2006

Dear Ms H

I refer to my letter of 11/10/2006 concerning my claim, and note that I have not received a reply.

The court deadline for entering a defence expired on 17/10/2006. Judgement has been entered by default.

I hereby put you on notice that I intend to issue a warrant of execution on Monday 30/10/2006 if I do not receive a cheque from you in the amount of £373.29 by that date. You should be aware that the cost of the warrant, currently £55 I believe, will be added to the amount sought.

Y/S

bong

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@Mr Bong:

 

These people are a b****Y nightmre to deal with and yesterday sainsburys bank card services proudly stated that they dont keep settling claims in fact they're quite proud they hav'nt got a significant presense here yet!.:o

 

Which address are you using for HBOS please and/or any contact phone numbers would be helpful many thanks.:D

CaLL Me On INTeRNeT CaLLS @ "NoBBY_ONLiNE":D

 

NB: Any advice given ?(if any) is given freely and without constraints,it and any information is based upon personal knowledge and personal experiences and/or views it should therefore only be regarded as advice and not a statement of the law, for that you should seek professional legal advice!.

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Hi vj, I satrted off writing to

 

customer services

sainsbury's card services

pitreavie business park

dunfermline

fife ky99 4bs

 

tel 08701 542 543

 

I sent my MCOL claim to the registered office at

 

sainsbury's bank plc

33 Holborn

London

ec1n 2ht

 

they acknowledged my claim with the following name and address

 

A O'Brien (RAH)

Head of Legal Services

Sainsbury's Bank plc

c/o HBOS plc

Legal Services - Retail Division

Trinity Road

Halifax HX1 2RG

 

tel 01422 391096

fax 01422 333453

 

All the best, I'll look out for your thread!

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@Mr Bong:

 

Many thanks for that mucho appreciated.:D

CaLL Me On INTeRNeT CaLLS @ "NoBBY_ONLiNE":D

 

NB: Any advice given ?(if any) is given freely and without constraints,it and any information is based upon personal knowledge and personal experiences and/or views it should therefore only be regarded as advice and not a statement of the law, for that you should seek professional legal advice!.

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Good luck with getting your £.! I am just starting off trying to get something from them. A bit worried as my account has been closed for defaulting but hey, I guess it just means i have nothign to lose.

As for Sainsbury's not having much of a presence on here .. I think that is put fluke, I have been finding bits and bobs for Sainsbury's Visa cards all over the place - under hbos, other inst, and in store cards - I think it is just because they're not a huge name doesn't make them any better!!

Apple x

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thanks ac and good luck with yours. If, as they state, they're not settling claims then are they prepared to stand up in court I wonder?!

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update - I applied for online service on 20th Oct because I thought it would be good to check my account to see if they make any refunds without having to wait for my monthly statement. Received the password code etc today in post, just went online and they have paid the whole lot into my account without writing to me. Now part of it was paid into acct on 16th October (which was before the default judgement was applied) but a little amount extra in respect of some of the sec 69 interest was paid into acct on 23 Oct, which was after judgement.

 

Does anyone know if I need to write to the court to explain that payment was made into my account without my knowldege (after all my letters were quite specific in that I required a cheque to settle and said please do not credit my account) but that if I had known this I wouldn't have asked for judgement - or am I ok to just leave it unless they shout? I'm guessing that the little extra they hadn't paid in sec 69 interest means that technically they hadn't discharged the debt in full but in that case should my judgement have only been for the last few pence remaining?

 

they have paid me £373.29 in total so it is all now settled. however I would prefer not to have this moved to successes until this query has been answered.

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thanks karne, but they have now paid everything - I will write to the court and say they've paid the lot but shall I leave it for sainsburys to apply to set judgement aside or do I need to do anything about that?

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I appreciate the advice.

 

Still not sure that I will be able to withdraw my claim as a ccj has already been issued but I'm sure the court will tell me if that is the case. thanks again karne.

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Well I am going to write to the court and tell them that my claim has been paid in full (despite the money being credited to my account when I specifically asked for a cheque) but had a letter from HBOS today

 

23/10/06

Thank you for your letter dated 20/10/06.

Following your letter dated 11/10/06 I arranged for a cheque to the value of £372.87 to be sent to you, which I understand you have not received.

I have now arranged for a cheque to the value of £373.29 to be sent to you under separate cover and I would be grateful if you would kindly confirm receipt in due course.

Legal Services - Retail Division.

 

Therefore someone had agreed to send me a cheque but was overruled by someone else who decided to credit my account.

 

They're obviously over-tired!!!

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