STATUE BARRED 3 YEARS AGO

[robcag]

Hi SB

 

 

Would really appreciate some guidance, can I slip these in to Robcag's(courtesey of this site) recommended letter?? (not doubting you rob just want to make sure i have covered it all!!) No problem! As I usually point out, I'm not an expert, but I think I know, no, I know I definitely know , a lot more than I knew before I found CAG thanks to all the brilliant knowledgeable people on here , so just trying to pass a little snippet on!

 

 

Cheers

Rob

[SHELBELLE]

Rob

 

Yes I know what you mean I am learning but not as knowledgeable as you....

 

Must spend more time reading, time is against me at the moment and my boss is back at work so no internet!!!! damn her.

 

Thank you very much , I will post updates as and when they happen, very much appreciated.

 

Cheers for now.

 

S.B.X

[cashins]

Lastly, as per your previous post no 48 are you referring to CCA or OFT regs as per Cashins post no 47? I am getting a bit confused with all these sections etc, so would like to get clarification if I may.

 

 

To clarify, (I hope), more legislation.

 

The EEC Unfair Commercial Practices Directive entered into UK law as CPUTR 2008 on May 26 this year.

 

This has the effect that going against OFT guidelines is an offence under the act basically, its an unfair business practice.

 

David

[SHELBELLE]

Cashins

 

Thank you, I think I understand now. Will try and put something together quoting this.

 

Cheers

 

S.B.

[SHELBELLE]

Hi guys

 

I have compiled a reply to my dodgy CCA, I had actually used this in another thread(courtesey of CAG) and forgot I had it.

 

Could someone just have a quick look to make sure it covers everything?

 

Many thanks

 

S.B.X

 

 

[Having_A_Knightmare]

Letter is fine.

 

Post your reply when it arrives.

 

HAK

[SHELBELLE]

HAK

 

 

Thank you, I posted it yesterday, will see what they come back with.

 

Cheers

 

S.B.X

[SHELBELLE]

Hi all

 

Letter still not showing as signed for on Royal Mail, so i think I had better send it again heading it as duplicate.

 

Anyone's thoughts on this would be greatly appreciated.

 

I ahve jsut posted anothe copy of the letter I sent them earlier

 

Hopefully this one will be signed for.

 

Watch this space...

 

 

S.B.

[robcag]

Hi SB

 

I'm not sure which service you used but Royal Mail Recorded Delivery is notorious for not producing a signature that is why Special Delivery (£4.60 ATM I think) is reccommended if your cashflow allows.

 

Cheers

Rob

[SHELBELLE]

Hi Rob

 

Yes sent recorded, as I really begrudge the £4.60 charge!!!

 

Hopefully this one will be ok, as I haven't had much trouble using recorded before.

 

Thanks for your input, if this doesn't arrive (or indeed get signed for!!!) I will post special around pay day, and will chuck a SAR in at the same time, that way I feel I am getting something for my postal charges!!!!

 

 

Thanks again

 

S.B.

[shakespeare62]

Hi Shelbelle,

 

Certificate of Posting, for less important letters, is a free option available from Post Office Counters.

 

I've been having similar problems with Sainsbury's Bank - including Mr F. who sent me the same worded replies. Sainbury's Bank will receive my S.A.R - (Subject Access Request) tomorrow.

 

Note, the following House of Lords & Court of Appeal Cases, confirmed that (all) the prescribed terms must be within a credit agreement :-

 

Wilson-v- FCT [2003] All ER (D) 187 (Jul)

 

Wilson and another v. Hurstanger Ltd [2007] EWCA Civ 299

I believe robcag referenced these is an epic struggle he won against a DCA./ solicitors..

[shakespeare62]

Oops - just spotted you've already mentioned Wilson v FCT in a link on post #61 above !! Looks like Sainsburys Bank have been receiving a shedload of similar letters (including from me !)

[SHELBELLE]

Hi all

 

An update:

 

Looks like Sainsbury's have passed on to their inhouse DCA BOS.. received ususal pay up now or else letter on Friday, treatening doorstep visits etc...well actually I am not bothered as I haven't received anything more than an unsigned 1 page dodgy application form.

 

One small problem, as mentioned before is that 1st & 2nd recorded letter never signed for on track and trace. So do I send copies again to BOS (special delivery) or just wait for the next threatogram?

 

One strange thing has happened though is that they have stopped the interest on the lates staement, so they must have had my letter regarding account in dispute etc.....

 

Please could someone advise my next step if any??

 

Many thanks in advance.

 

S.B.

 

 

[ScabHunter]

I honestly wouldn't waste my hard earned money for Special Delivery for anything that would not be needed in a court of law.

 

These amounts soon add up. For anything else the Certificate Of Posting is all you really need. The way the situation is now, the only way this can be enforced at law is if they can come up with something a lot better than that miserable looking appo form. If they claim not to have received some other kind of letter from you, that is irrelevant.

 

There is a strong case for totally ignoring anything anyway. In the end, they have three choices. They can either take you to court on a feeble application form, give up and bother somebody else, or keep wasting their time and money sending threatagrams which elicit no response.

 

The alternative is just to send ONE final response to everyone that gets involved, and then forward everything else to the relevent authorities as part of official complaints. It really depends on how you want to handle it.

 

SH

[SHELBELLE]

Hi all

 

Well it looks like Sainsburys DID receive my complaint after all.

 

Received a sorry for delay letter and that it has been passed to Customer Relations and that they will provide me with a full response in due course.

 

I'll sit back and wait to see what they come up with then!!!!

 

S.B.

[SHELBELLE]

Hi all

 

I have received the attached from Sainsbury's on Friday 05th Nov, looks like their final response, so do I now stop paying them and complain to the relevant governing bodies??

 

Also with the letter and from what I can NOW see, a signed application form is two sets of credit agreemments, both faxed copies, stapled together, both have hand written headings, "historic terms & conditions"and the 2nd set "current terms & conditions".

 

The application form is still as illegible as before although it has been photocopied to show that my signature is included.

 

Just wanted to know what my next step should be?

 

Any advice would be most grateful.

 

Thank you

 

S.B.

Edited November 12, 2008 by SHELBELLE
incomplete

[underdog13]

"Properly executed agreement", my foot!

 

They claim it will satisfy close legal scrutiny do they? So where are the prescribed terms, then? Would be great to have the feedback of a lawyer specialising in this field.

 

Wonder what trading standards would make of this 'agreement' - have you consulted them?

[Guest dvdriley]

I am slightly ahead of you with Sainsburys. Let me recap:

 

I have received 2 cca,s for one credit card accountr. It is not a cca rerally. It consists of 3 pieces of paper stapled together with my name and address on page 1. There is not signature, no space for one or any reference to any electronic signature.

 

So why have they sent 2. Well one shows late payment charges etc at £25.00 and the other shows charges at £12.00. The card was taken out in 2005. So they are trying to concoct or forge an agreement. Umm should i tell them?

 

The letters you received are identical to mine however they have now passed it on to Blair Oliver dim dim . The last I heard from them was in September. All quiet from both sainsburys and Ba bA SINCE THEN

[SHELBELLE]

Underdog

 

My thoughts on the cca exactly!!! No I haven't contacted TS yet, as I need to know the procedure so will have a look around the forum.

 

Dvd

Ok thanks for that, are you still paying them? have you passed the complaint on to anyone else?

 

 

Thanks for your posts.

 

S.B.

[Guest dvdriley]

Stopped paying, written FO MAN

[underdog13]

You're welcome S. B. Subbing your thread.

[SHELBELLE]

Underdog thankyou very much!!!

 

S.B.

[davey77]

Interesting to see what TS make of your 'agreement' and what response you get from them. Will watch you thread and hope you get a good result! D

[SHELBELLE]

Hi Davey and thanks for that.

 

Whta's a LBA? Sorry to be ignorant!!

 

S.B.

[davey77]

No worries.

 

Letter Before Action. A notice of your intention to start litigation.