cardio's Diary

[cardiac arrest]

Re: cardio's Diary

[QUOTE=cardiac arrest;292007]Date Commenced: January 2003
Approx Balance: £6,700 (June 2013)
Account: Credit card
Date Last paid: July 30th 2012 -Notional Amounts: (Last full payment July 2006)
Status: Defaulted Notice issued May 2008 (Off CRA file May 2014)
Account Holder: Sainsburys Bank; DLC; Sainsburys;...

17 Aug 2012
~ sent letter to DCA for details to substantiate their legality to claim
3 Sep 2012~ sent CCA letters with £1 to OC and DCA, recorded delivery
28 Sep 2012
~ sent 2nd CCA letters to OC and DCA asking for same; Rec Del
18 Oct 2012
~ sent 3rd CCA letters to OC and DCA stating unenforceable due to not complying with CCA requests; Rec Delivery
23 Oct 2012
~ reply from DCA with poor copy of an application form and something like a copy of an agreement between them and the OC regarding buying debts..."apology for delay we have been sending replies to your old address, here are the copies. We trust this now resolves the matter."
2 Nov 2012
, emailed above to Niddy for advice on compliance
4 Nov 2012
. reply from Niddy... Unenforceable !!
5 Nov 2012
~ Sent letter to DCA asking for them to prove their legal interest in the account to establish their rights to communicate with me on this matter (Notice of assignment/Deed of assignment) before I discuss the matter further.
5 Nov
~ ...call on my mobile phone from OC !!! didn't answer but they sent me a text then and asked my to phone them...Blimey Crikey..somethings happening. This is despite my previous instruction that all communication should be in writing only
6 Nov 2012
~ Another call from OC..suspect this might be to do with my reclaim for charges /fees which is now with FOS...didn't answer...let them put anything in writing.
7 Nov 2012
~ Sent Niddy's template 'Missing Prescribed terms', to DCA registered post
7 Nov 2012
~ Rec'd reply from OC re unfair interest and fees applied, claim first made back in Jan 2008, OC agreed to deduct from account balance within 40 days by advising DCA
9 Nov 2012
~ Sent email to OC to a) query refund being made directly to the DCA b) query why claim for statutory interest has been deducted from claim and c) to state 'compensation' of £100 is derisory. Also informed OC that the case has been referred to FOS, including a copy of their offer and my reply to them.
10 Nov 2012
~ Forwarded copy of OC's 'offer to settle' and copy of my email to OC to FOS, as FOS asked to be kept updated of any subsequent 'events'. Advised by FOS case is not yet allocated to adjudicator.
15 Nov 2012
~ Letter received from DLC. responds as follows 1) enclosed is copy of sale agreement between Hillesden and HBOS, we are unable to provide a full copy due to sensitive data, but we will to a judge if required in Court.(and they've attached a copy of an agreement between them and the Automobile Association !)..wtf ! 2)sole purpose is to prove we acquired a batch of accounts, yours included, it will not contain info specific to your agreement. 3)Please find recreated notice of assignment letter sent to wrong address on 31 December 2009. 4) We disagree we have failed to comply with CCA regs, as we hold no record of any CCA request from you....(I've got 4 recorded delivery receipts from them for CCA requests).
16 Nov 2012
~ Reply from DCA to Niddy's letter. " As the account does not relate to a fixed term agreement, the prescribed terms are not required to be on the face of the agreement". "Any amendments made to CCA 1974 after the agreement was signed would have no legal bearing on its enforceability; consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the Act would not apply to your agreement". "We have referred back to the original lender for an improved copy of the agreement " (that was the application form they sent me)
21 Nov 2012
~ Reply from Sainsbury's re refund of charges received. State they have option to buy back part of debt from DLC so will refund charges etc via that method rather than refund directly to me. The FOS are still to rule on the matter though, however long that takes
23 Dec 2012
~ No word from DCA but response from the OC. I am aware that we held an incorrect address when we sent the DN in May 2008 and due to this we have bought back the account in full from the DCA and are applying the refund to the outstanding balance. We have removed the default entry from your CRA file.
Once the debt has been returned our Collections Team will be in touch to discuss repayments to the account. Please be aware that if you don't bring your account up to date we will follow our collections process and the account can be defaulted again.
The refund has been increased to £1,347 as they missed some earlier charges. But where does this leave me ? I CCA'd the OC at the same time as the DCA,but the OC never acknowledged any of these. Does this mean the account is not in default now...and is thus a 'live' account ? I still do not have a copy of any agreement, just the application I sent to Niddy which is UE. I am intrigued as to what I will receive next...and as to what state the account is now in
15 Jan 2013.
Update. Received copy of my requested CRA file today, and the entry is still there as it was before. So obviously Sainsbury's not in any rush...which is fine by me. So, I'm just sitting tight waiting to see what materializes...I haven't responded at all to Sainsbury's yet but decided to submit a DSAR to get all the missing bits and have a look at theri copy of agreement
20 Feb 2013
Letter received from DLC (the DCA)..Account has now been passed back to HBOS. You will receive no further correspondence from us with regards to this account.
29 May 2013
Checked my CRA file and the entry has been removed, although I guess it may be put back once B.O.S. get it...just for 12 months though. Been a bit of activity with HBOS/Sainsbury DSAR.
20 July 2013.Sitting tight while OC sorts out the SAR. Time is ticking by nicely...Sun is out, ashes cricket...

[cardiac arrest]

Re: cardio's Diary

All quiet on the western front...just reporting in to say I'm still here....

No word from anybody....maybe it's fallen down a big hole between Sainsburys Bank and their internal DCA ...Blagit, Oiks and Scoot

That would be a shame.......

[IF]

Re: cardio's Diary

Well done Cardio, brilliant news

[Pixie]

Re: cardio's Diary

Good news

[cardiac arrest]

Re: cardio's Diary

Date Commenced: January 2003
Approx Balance: £6,940 (Jan 2013)
Account: Credit card
Date Last paid: July 30th 2012 -Notional Amounts: (Last full payment June 2008)
Status: Defaulted Notice issued May 2008 (Off CRA file May 2014)
Account Holder: Sainsburys Bank; DLC; Sainsburys;...

17 Aug 2012 ~ sent letter to DCA for details to substantiate their legality to claim
3 Sep 2012 ~ sent CCA letters with £1 to OC and DCA, recorded delivery
28 Sep 2012 ~ sent 2nd CCA letters to OC and DCA asking for same; Rec Del
18 Oct 2012 ~ sent 3rd CCA letters to OC and DCA stating unenforceable due to not complying with CCA requests; Rec Delivery
23 Oct 2012 ~ reply from DCA with poor copy of an application form and something like a copy of an agreement between them and the OC regarding buying debts..."apology for delay we have been sending replies to your old address, here are the copies. We trust this now resolves the matter."
2 Nov 2012, emailed above to Niddy for advice on compliance
4 Nov 2012. reply from Niddy... Unenforceable !!
5 Nov 2012 ~ Sent letter to DCA asking for them to prove their legal interest in the account to establish their rights to communicate with me on this matter (Notice of assignment/Deed of assignment) before I discuss the matter further.
5 Nov ~ ...call on my mobile phone from OC !!! didn't answer but they sent me a text then and asked my to phone them...Blimey Crikey..somethings happening. This is despite my previous instruction that all communication should be in writing only
6 Nov 2012 ~ Another call from OC..suspect this might be to do with my reclaim for charges /fees which is now with FOS...didn't answer...let them put anything in writing.
7 Nov 2012 ~ Sent Niddy's template 'Missing Prescribed terms', to DCA registered post
7 Nov 2012 ~ Rec'd reply from OC re unfair interest and fees applied, claim first made back in Jan 2008, OC agreed to deduct from account balance within 40 days by advising DCA
9 Nov 2012 ~ Sent email to OC to a) query refund being made directly to the DCA b) query why claim for statutory interest has been deducted from claim and c) to state 'compensation' of £100 is derisory. Also informed OC that the case has been referred to FOS, including a copy of their offer and my reply to them.
10 Nov 2012 ~ Forwarded copy of OC's 'offer to settle' and copy of my email to OC to FOS, as FOS asked to be kept updated of any subsequent 'events'. Advised by FOS case is not yet allocated to adjudicator.
15 Nov 2012 ~ Letter received from DLC. responds as follows 1) enclosed is copy of sale agreement between Hillesden and HBOS, we are unable to provide a full copy due to sensitive data, but we will to a judge if required in Court.(and they've attached a copy of an agreement between them and the Automobile Association !)..wtf ! 2)sole purpose is to prove we acquired a batch of accounts, yours included, it will not contain info specific to your agreement. 3)Please find recreated notice of assignment letter sent to wrong address on 31 December 2009. 4) We disagree we have failed to comply with CCA regs, as we hold no record of any CCA request from you....(I've got 4 recorded delivery receipts from them for CCA requests).
16 Nov 2012 ~ Reply from DCA to Niddy's letter. " As the account does not relate to a fixed term agreement, the prescribed terms are not required to be on the face of the agreement". "Any amendments made to CCA 1974 after the agreement was signed would have no legal bearing on its enforceability; consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the Act would not apply to your agreement". "We have referred back to the original lender for an improved copy of the agreement " (that was the application form they sent me)
21 Nov 2012 ~ Reply from Sainsbury's re refund of charges received. State they have option to buy back part of debt from DLC so will refund charges etc via that method rather than refund directly to me. The FOS are still to rule on the matter though, however long that takes
23 Dec 2012 ~ No word from DCA but response from the OC. I am aware that we held an incorrect address when we sent the DN in May 2008 and due to this we have bought back the account in full from the DCA and are applying the refund to the outstanding balance. We have removed the default entry from your CRA file.
Once the debt has been returned our Collections Team will be in touch to discuss repayments to the account. Please be aware that if you don't bring your account up to date we will follow our collections process and the account can be defaulted again.

The refund has been increased to £1,347 as they missed some earlier charges. But where does this leave me ? I CCA'd the OC at the same time as the DCA,but the OC never acknowledged any of these. Does this mean the account is not in default now...and is thus a 'live' account ? I still do not have a copy of any agreement, just the application I sent to Niddy which is UE. I am intrigued as to what I will receive next...and as to what state the account is now in


15 Jan 2013. Update. Received copy of my requested CRA file today, and the entry is still there as it was before. So obviously Sainsbury's not in any rush...which is fine by me. So, I'm just sitting tight waiting to see what materializes...I haven't responded at all to Sainsbury's as not sure if I should have done or not... Presume that's the right approach at the moment ?

20 Feb 2013 Letter received from DLC (the DCA)..Account has now been passed back to HBOS. You will receive no further correspondence from us with regards to this account..

[cardiac arrest]

Re: cardio's Diary

Update. Sainsbury's agree not to bring a/c back to 'life' as they accept I received the DN issued in May 2008...they are still bringing in-house to pass to their agents B.O & S. (been there before).
who will contact me to arrange a suitable repayment plan....

Will await next communication...

[cardiac arrest]

Re: cardio's Diary

Date Commenced: January 2003
Approx Balance: £6,940 (Jan 2013)
Account: Credit card
Date Last paid: August 2012 (Notional Amount: Last full payment June 2008)
Status: Defaulted Notice issued May 2008
Account Holder: Sainsburys Bank


17 Aug 2012 ~ sent letter to DCA for details to substantiate their legality to claim
3 Sep 2012 ~ sent CCA letters with £1 to OC and DCA, recorded delivery
28 Sep 2012 ~ sent 2nd CCA letters to OC and DCA asking for same; Rec Del
18 Oct 2012 ~ sent 3rd CCA letters to OC and DCA stating unenforceable due to not complying with CCA requests; Rec Delivery
23 Oct 2012 ~ reply from DCA with poor copy of an application form and something like a copy of an agreement between them and the OC regarding buying debts..."apology for delay we have been sending replies to your old address, here are the copies. We trust this now resolves the matter."
2 Nov 2012, emailed above to Niddy for advice on compliance
4 Nov 2012. reply from Niddy... Unenforceable !!
5 Nov 2012 ~ Sent letter to DCA asking for them to prove their legal interest in the account to establish their rights to communicate with me on this matter (Notice of assignment/Deed of assignment) before I discuss the matter further.
5 Nov ~ ...call on my mobile phone from OC !!! didn't answer but they sent me a text then and asked my to phone them...Blimey Crikey..somethings happening. This is despite my previous instruction that all communication should be in writing only
6 Nov 2012 ~ Another call from OC..suspect this might be to do with my reclaim for charges /fees which is now with FOS...didn't answer...let them put anything in writing.
7 Nov 2012 ~ Sent Niddy's template 'Missing Prescribed terms', to DCA registered post
7 Nov 2012 ~ Rec'd reply from OC re unfair interest and fees applied, claim first made back in Jan 2008, OC agreed to deduct from account balance within 40 days by advising DCA
9 Nov 2012 ~ Sent email to OC to a) query refund being made directly to the DCA b) query why claim for statutory interest has been deducted from claim and c) to state 'compensation' of £100 is derisory. Also informed OC that the case has been referred to FOS, including a copy of their offer and my reply to them.
10 Nov 2012 ~ Forwarded copy of OC's 'offer to settle' and copy of my email to OC to FOS, as FOS asked to be kept updated of any subsequent 'events'. Advised by FOS case is not yet allocated to adjudicator.
15 Nov 2012 ~ Letter received from DLC. responds as follows 1) enclosed is copy of sale agreement between Hillesden and HBOS, we are unable to provide a full copy due to sensitive data, but we will to a judge if required in Court.(and they've attached a copy of an agreement between them and the Automobile Association !)..wtf ! 2)sole purpose is to prove we acquired a batch of accounts, yours included, it will not contain info specific to your agreement. 3)Please find recreated notice of assignment letter sent to wrong address on 31 December 2009. 4) We disagree we have failed to comply with CCA regs, as we hold no record of any CCA request from you....(I've got 4 recorded delivery receipts from them for CCA requests).
16 Nov 2012 ~ Reply from DCA to Niddy's letter. " As the account does not relate to a fixed term agreement, the prescribed terms are not required to be on the face of the agreement". "Any amendments made to CCA 1974 after the agreement was signed would have no legal bearing on its enforceability; consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the Act would not apply to your agreement". "We have referred back to the original lender for an improved copy of the agreement " (that was the application form they sent me)
21 Nov 2012 ~ Reply from Sainsbury's re refund of charges received. State they have option to buy back part of debt from DLC so will refund charges etc via that method rather than refund directly to me. The FOS are still to rule on the matter though, however long that takes
23 Dec 2012 ~ No word from DCA but response from the OC. I am aware that we held an incorrect address when we sent the DN in May 2008 and due to this we have bought back the account in full from the DCA and are applying the refund to the outstanding balance. We have removed the default entry from your CRA file.
Once the debt has been returned our Collections Team will be in touch to discuss repayments to the account. Please be aware that if you don't bring your account up to date we will follow our collections process and the account can be defaulted again.

The refund has been increased to £1,347 as they missed some earlier charges. But where does this leave me ? I CCA'd the OC at the same time as the DCA,but the OC never acknowledged any of these. Does this mean the account is not in default now...and is thus a 'live' account ? I still do not have a copy of any agreement, just the application I sent to Niddy which is UE. I am intrigued as to what I will receive next...and as to what state the account is now in


15 Jan 2013. Update. Received copy of my requested CRA file today, and the entry is still there as it was before. So obviously Sainsbury's not in any rush...which is fine by me. So, I'm just sitting tight waiting to see what materializes...I haven't responded at all to Sainsbury's as not sure if I should have done or not... Presume that's the right approach at the moment ?

17 Jan 2013. Sent letter to OC to remind them the DN was served correctly and received by me...so maybe they will not now bring the account back to life, so to speak.

Also, received an Annual Statement from the DCA (a first) which shows the initial refund has been applied to the account, but none of the payments I have made are shown ? Will query this sometime I think...

25th Jan 2013 Letter from Sainsbury's bank..We accept the DN was received by you, so we will not be re-issuing. We will still arrange to bring in house to be dealt with by our in house agents, Blair, Oliver & Scott.

[cardiac arrest]

Re: cardio's Diary

how odd

HBOS aren't usually keen to admit they are wrong, must have realised that they were on shaky ground

If it becomes a live account again, which would be weird, then it's your decision whether or not to pursue UE on it.

Depends on your other circumstances

Well I'm not after a new credit card account...but it will be UE anyway...

[MrsD]

Re: cardio's Diary

how odd

HBOS aren't usually keen to admit they are wrong, must have realised that they were on shaky ground

If it becomes a live account again, which would be weird, then it's your decision whether or not to pursue UE on it.

Depends on your other circumstances

[cardiac arrest]

Re: cardio's Diary

did this come via a FOS ruling or did they just refund you?

I've been chasing them for several years...but then they suddenly decided I had a case and agreed to refund ...

[MrsD]

Re: cardio's Diary

did this come via a FOS ruling or did they just refund you?

[cardiac arrest]

Re: cardio's Diary

17 Aug 2012 ~ sent letter to DCA for details to substantiate their legality to claim
3 Sep 2012 ~ sent CCA letters with £1 to OC and DCA, recorded delivery
28 Sep 2012 ~ sent 2nd CCA letters to OC and DCA asking for same; Rec Del
18 Oct 2012 ~ sent 3rd CCA letters to OC and DCA stating unenforceable due to not complying with CCA requests; Rec Delivery
23 Oct 2012 ~ reply from DCA with poor copy of an application form and something like a copy of an agreement between them and the OC regarding buying debts..."apology for delay we have been sending replies to your old address, here are the copies. We trust this now resolves the matter."
2 Nov 2012, emailed above to Niddy for advice on compliance
4 Nov 2012. reply from Niddy... Unenforceable !!
5 Nov 2012 ~ Sent letter to DCA asking for them to prove their legal interest in the account to establish their rights to communicate with me on this matter (Notice of assignment/Deed of assignment) before I discuss the matter further.
5 Nov ~ ...call on my mobile phone from OC !!! didn't answer but they sent me a text then and asked my to phone them...Blimey Crikey..somethings happening. This is despite my previous instruction that all communication should be in writing only
6 Nov 2012 ~ Another call from OC..suspect this might be to do with my reclaim for charges /fees which is now with FOS...didn't answer...let them put anything in writing.
7 Nov 2012 ~ Sent Niddy's template 'Missing Prescribed terms', to DCA registered post
7 Nov 2012 ~ Rec'd reply from OC re unfair interest and fees applied, claim first made back in Jan 2008, OC agreed to deduct from account balance within 40 days by advising DCA
9 Nov 2012 ~ Sent email to OC to a) query refund being made directly to the DCA b) query why claim for statutory interest has been deducted from claim and c) to state 'compensation' of £100 is derisory. Also informed OC that the case has been referred to FOS, including a copy of their offer and my reply to them.
10 Nov 2012 ~ Forwarded copy of OC's 'offer to settle' and copy of my email to OC to FOS, as FOS asked to be kept updated of any subsequent 'events'. Advised by FOS case is not yet allocated to adjudicator.
15 Nov 2012 ~ Letter received from DLC. responds as follows 1) enclosed is copy of sale agreement between Hillesden and HBOS, we are unable to provide a full copy due to sensitive data, but we will to a judge if required in Court.(and they've attached a copy of an agreement between them and the Automobile Association !)..wtf ! 2)sole purpose is to prove we acquired a batch of accounts, yours included, it will not contain info specific to your agreement. 3)Please find recreated notice of assignment letter sent to wrong address on 31 December 2009. 4) We disagree we have failed to comply with CCA regs, as we hold no record of any CCA request from you....(I've got 4 recorded delivery receipts from them for CCA requests).
16 Nov 2012 ~ Reply from DCA to Niddy's letter. " As the account does not relate to a fixed term agreement, the prescribed terms are not required to be on the face of the agreement". "Any amendments made to CCA 1974 after the agreement was signed would have no legal bearing on its enforceability; consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the Act would not apply to your agreement". "We have referred back to the original lender for an improved copy of the agreement " (that was the application form they sent me)
21 Nov 2012 ~ Reply from Sainsbury's re refund of charges received. State they have option to buy back part of debt from DLC so will refund charges etc via that method rather than refund directly to me. The FOS are still to rule on the matter though, however long that takes
23 Dec 2012 ~ No word from DCA but response from the OC. I am aware that we held an incorrect address when we sent the DN in May 2008 and due to this we have bought back the account in full from the DCA and are applying the refund to the outstanding balance. We have removed the default entry from your CRA file.
Once the debt has been returned our Collections Team will be in touch to discuss repayments to the account. Please be aware that if you don't bring your account up to date we will follow our collections process and the account can be defaulted again.

The refund has been increased to £1,347 as they missed some earlier charges. But where does this leave me ? I CCA'd the OC at the same time as the DCA,but the OC never acknowledged any of these. Does this mean the account is not in default now...and is thus a 'live' account ? I still do not have a copy of any agreement, just the application I sent to Niddy which is UE. I am intrigued as to what I will receive next...and as to what state the account is now in


15 Jan 2013. Update. Received copy of my requested CRA file today, and the entry is still there as it was before. So obviously Sainsbury's not in any rush...which is fine by me. So, I'm just sitting tight waiting to see what materializes...I haven't responded at all to Sainsbury's as not sure if I should have done or not... Presume that's the right approach at the moment ?

20 Feb 2013 Letter received from DLC (the DCA)..Account has now been passed back to HBOS. You will receive no further correspondence from us with regards to this account..

[cardiac arrest]

Re: cardio's Diary

"Whatever happens, you cannot let them extinguish the old default. If they do this and you agree they can then add another in a month or so when you don't pay the minimum payment due." ~ Niddy.

I just wondered what was meant by the above..is it just to 'log' an objection so they don't assume my tacit agreement ?

[gravytrain]

Re: cardio's Diary

There really is nothing stopping them issuing a new default notice I am afraid.

[cardiac arrest]

Re: cardio's Diary

Thanks Niddy. How would I stop the OC extinguishing the original DN ?
Would a simple letter stating I object to this course of action be enough to state my position...after all, I have a copy of the DN now anyway ...?

Or should I just sit tight ?