kath30 v Sainsburys

[kath30]

Hi took a loan out with Sainburys in 2003 and am sure i have had enormous charges since then. Wtoe my DPA letter 17th March it was signed on 20th March by HBOS but have since then had no reply so was going to write this letter would appreciate any comments advise anyone has and if anyone is having problems with them?

 

''I am disappointed to note that you have ignored my request for a complete list of transactions and charges relating to my bank loan account since July 2003. Alternatively a complete set of statements for that period will be acceptable. I now require a response within 7 days or I will have no option but to submit a complaint to the OFT.

 

As already stated, I now understand that the regime of 'fees' which you have been applying to my account, in relation to over-limit, and late payment charges, is unlawful at Common Law, Statute and recent Consumer regulations. I would again draw your attention to the terms of the contract, which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, which complies with UK law.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department."

 

Yours etc

[Bookworm]

Hi took a loan out with Sainburys in 2003 and am sure i have had enormous charges since then. Wtoe my DPA letter 17th March it was signed on 20th March by HBOS but have since then had no reply so was going to write this letter would appreciate any comments advise anyone has and if anyone is having problems with them?

 

''I am disappointed to note that you have ignored my request for a complete list of transactions and charges relating to my bank loan account since July 2003. Alternatively a complete set of statements for that period will be acceptable (1) I now require a response within 7 days or I will have no option but to submit a complaint to the OFT.(2)

 

As already stated, I now understand that the regime of 'fees' which you have been applying to my account, in relation to over-limit, and late payment charges, is unlawful at Common Law, Statute and recent Consumer regulations. I would again draw your attention to the terms of the contract, which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, which complies with UK law.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department." (3)

 

Yours etc

(1) - Remove. It doesn't "work" coming after your 1st sentence.

(2) - Not the OFT, the Information Commisionner

(3) - Remove. You're mixing a DPA request with a request for refund. Deal with the DPA 1st. Or say that if they don't comply, you'll start county court claim for undetermined amount + DPA non-compliance.

[kath30]

thanks alot its amended and just been posted rec del

[kath30]

received a letter dated 19th May usual bog standard letter sorry to learn i haven't received my statements and promising to be in touch within 4 weeks

[skyrocket123]

Hi Kath

I too sent a DPA to Sainsburys and guess what? Nothing! I am sending the letter template from the library about Non-compliance of DPA.

Good luck!

Sky x

[kath30]

Received a phonecall from Sainsburys very apologetic that i had not received my statements and giving me her word that they would be sent out in next 5 working days

[kath30]

Got statements they are due me £100 letter posted today

[JULI99]

How Are You Getting On. Any News?

 

I'm Just About To Issue Court Claim

 

Juli99

[JULI99]

Are you still proceeding. Sainsburys left it right to the last minute with me and then put up a defense.

 

Would like to know how you are getting on as us with Sainsburys loans are thin on the ground

 

juli99

 

See my thread Me v Sainsburys bank loan

[kath30]

This topic was closed on 09 March 2019.

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