cardio's Diary

[PlanB]

Re: cardio's Diary

Just had letter from sainsbury's re my complaint about interest, and fees charged to my old Credit card back in the period 2006 to 2008.

Well, they've only gone and refunded £988.00 of interest charges, late payment fees of £72.00 and £48.00 worth of over-limit fees....that's £1,108.00 !! That's the full amount I was asking for.

Shouldn't they be paying you 8.5% statutory interest on that admitted overcharged amount

I'd send a copy of that letter to the FOS so that they can do the maths and see if they agree with Sainsbury's calculations . Maybe tell Sainsbury's to hold fire until you've discussed this with the FOS

[ken100464]

Re: cardio's Diary

The DPA is regulated by the ICO not FOS.

By advising the DCA of personal financial matters ie that you have been given a refund how much more personal could you be. Besides the colour of ones underpants etc this shouldnt be divulged. Until the OC decided to refund you then the DCA would know nothing about this because the OC didnt know anything about it.

If its an absolute assignment they gave up their rights to offset however much they like to think they havnt. Thats a bank trying it on.

The data the DCA should have is about the debt when it was sold in absolute not anything after. Thats like them asking for your I & E. They have no right to know and if a bank/employer disclosed this sort of information without your say so then the bank/employer would be absolutely slaughtered.

Only a court can rule that you have to disclose information like this.

FOS being FOS and scratching the backs of them that fund them.

Just my two pennyworth.

[cardiac arrest]

Re: cardio's Diary

Nope

Welcome to the mad world of debt and Banks.

When you see the banks are financing the DCA's anyway you see they get the money which way they can.

I would be checking its an absolute assignment then asking them for your money back and also if they report any personal data to the DCA incorrectly complain to the ICO. Or at least threaten it.

I have already written to ask that very question..so awaiting a response.

I was asked to contact the FOS if I received anything from the OC, so as requested I rang them up. I said what they'd offered etc..and I sort of asked about this stuff about DPA..to which she said 'well the DCA would already hold your info about this anyway, so why would it be a breach?'..I just coughed and spluttered and kind of said, yeah but the OC has sold it, so the DCA is nothing to do with them now, so why are they paying them, and not me?'...she didn't really know but then said it hadn't been actioned by them yet anyway ...but the note was on the file for when they allocate it to someone. At least they know that the OC has admitted they 'could have assisted me better at that time'.

I know I need to be wary about any F&F with an UE..and will not progress this without a) actually getting the money myself and b) seeking advice first

[ken100464]

Re: cardio's Diary

Nope

Welcome to the mad world of debt and Banks.

When you see the banks are financing the DCA's anyway you see they get the money which way they can.

I would be checking its an absolute assignment then asking them for your money back and also if they report any personal data to the DCA incorrectly complain to the ICO. Or at least threaten it.

[cardiac arrest]

Re: cardio's Diary

I was under the impression that, if the account has been assigned in absolute, they couldn't use the refund against the balance, as noted here ---> allaboutFORUMS - View Single Post - Refunds/accounts with outstanding debt
Well done!

Nothing is simple is it ? So let me see if I can understand this...The OC say they sold the debt, which most people reckon they got maybe 10% for it ? Now they agree they owe me £1100., but are going to 'pay' it to the DCA ..sort of 'that debt of £8000 you paid £800 for, well it should have been £6900, so here's £1100...' The DCA think,' hah..we only paid £800, now we got £1100 for it...and we can still claim the £6900 off the debtor' ?? is that the scenario ??

Whereas, if the OC paid me the £1100...and for some reason I think, hey up, I'll offer some of this to the DCA as a F&F, the DCA might think yeah, okay...

Even if the £1100 is done as an 'accounting adjustment', the DCA are still going to think...'hang on, we bought this for £800 thinking we could get £8000, now we can only claim £6900..'

Am I going nuts ?

[cardiac arrest]

Re: cardio's Diary

If the refund was applied to the account, you'd still have an outstanding balance, so it wouldn't be a Full and Final settlement of your account. But if it's UE, you won't be paying the outstanding balance, will you?

Didn't make myself clear there, sorry FP. I meant F&F as per my dispute over the charges and fees only ? ie am thinking maybe they've coughed up too quick....

As for the 'account'..indeed there is still a balance, which is UE, albeit now reduced by £1,108. ..so it's approx £6.950.00...and no, I won't be paying ..

[ken100464]

Re: cardio's Diary

If it was sold absolute then think FP you are correct and Sainsburys should be paying the OC.

Seen this many times on other forums and eventually after a few choice words the money comes back.

And they shouldnt be telling the DCA about it thats personal data.

[cardiac arrest]

Re: cardio's Diary

...of course, I could be reading more into this (as I know I do)...so they know they have a defective DN from back then, maybe this is their way of 'getting round' that ?

Mind you, it's taken me nearly 5 years to get this agreed...and several letters of refusal from their side along the way...is £100.00 a true reflection of my damages, given now I've had a marker on my CRA file since 2008 ?

Is my acceptance (by banking the cheque) an acknowledgement and agreement that it is resolved in full ? They don't say this is in Full and Final, just that they consider it their 'Final answer'.

[cardiac arrest]

Re: cardio's Diary

Interesting point now though, they defaulted me for being £1,003.28 over my credit limit back in 2008, now they've admitted £1,018.00 was 'wrong'. hmmmm

[PlanB]

Re: cardio's Diary

Wow !!!
Just had letter from sainsbury's re my complaint about interest, and fees charged to my old Credit card back in the period 2006 to 2008. The one they wrote back and said pretty much 'tough luck mate, go and witter to the Ombudsman'....

Well, they've only gone and refunded £988.00 of interest charges, late payment fees of £72.00 and £48.00 worth of over-limit fees....that's £1,108.00 !! That's the full amount I was asking for. They've agreed they could have helped me more back then when I was struggling.

Who says I don't know what I'm doing ... They admit they have sold the account to DLC and are instructing them to deduct it from the balance outstanding, and they will inform the CRA to amend my file regarding the late payments and amount etc....

PLUS, they've sent me a cheque for £100.00 as a gesture of goodwill

.

That's brilliant news

[ken100464]

Re: cardio's Diary

Well done you.

As you say some soft underbelly to their stance has obviously surfaced.

I also think adverse publicity can sometimes be a driving factor. When they realise they have been naughty especially when morally they should have been helping you and not driving you further into debt.

A good news day indeed.

[cardiac arrest]

Re: cardio's Diary

Wow !!!
Just had letter from sainsbury's re my complaint about interest, and fees charged to my old Credit card back in the period 2006 to 2008. The one they wrote back and said pretty much 'tough luck mate, go and witter to the Ombudsman'....

Well, they've only gone and refunded £988.00 of interest charges, late payment fees of £72.00 and £48.00 worth of over-limit fees....that's £1,108.00 !! That's the full amount I was asking for. They've agreed they could have helped me more back then when I was struggling.

Who says I don't know what I'm doing ... They admit they have sold the account to DLC and are instructing them to deduct it from the balance outstanding, and they will inform the CRA to amend my file regarding the late payments and amount etc....

PLUS, they've sent me a cheque for £100.00 as a gesture of goodwill

Need to allow up to 40 days for this to be carried out.

They make no mention of the fact that the Ombudsman has been involved, it's like they have just done this out of the blue, but who cares.

It maybe also reveals something perhaps that maybe they have a vulnerable underbelly which they've discovered, or am I being cynical ?

Anyway, a joyous day, a rare moment of celebration, and I will update my o/s balance when it has all cleared ...and well done Sainsbury's, whatever your motives.

[PlanB]

Re: cardio's Diary

Nothing since the last letter to my London address was sent to me in January 2010, until they finally realised and wrote to my current address on 23 October 2012....

If you've heard nothing from anyone since January 2010 (nearly three years ago) how do you know dlc bought you two years ago and how did you negotiate and set up a payment plan with them unless that was done over the phone Do/did you still have a connection with your London address to get mail forwarded.

dlc are pretty hot on keeping in touch and they always send statements of account every six months. I presume the s.78 CCA request you sent last August had your current address on. Perhaps they traced you through a CRA link.

Don't worry too much about what may happen in the future just update your diary every time you get a letter and we'll guide you what to do next. Do you have any other debts we can help you with because you mentioned you were considering a DRO in your first post?

In the meantime send that template letter and see what comes back

[cardiac arrest]

Re: cardio's Diary

.... unless it's part of a Formal Complaint.

Cardiac Arrest..... I would stop prodding around with this if I were you and send the relevant template, as advised. It's a UE account and although the way things have been handled may bother you, which I understand fully.... please look at the bigger picture; if the account is UE, then who really gives a feck how they've handled things. You just don't pay it....

...Okay,sorry.. will download, amend and post off tomorrow recorded delivery....thankyou

[cardiac arrest]

Re: cardio's Diary

Does this mean that you've had no correspondence, statements or anything at all from either Sainsburys or dlc for two years despite the fact you've been paying them all that time

...Nothing since the last letter to my London address was sent to me in January 2010, until they finally realised and wrote to my current address on 23 October 2012....