**DISCONTINUED**. court claim for credit card that was in dispute

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hiya, I'll get back on this in the morning Roxi, had to go pick up daughter and kids bedtime now xxx Thanks for posting up the letters, very useful, will remve assignment bit Sharon xx

Ok that's great thank you
good night x

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

You received six years statements from the claimants/creditor - does that give a last payment date at all?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

You received six years statements from the claimants/creditor - does that give a last payment date at all?

It will do, I'm away from home at present. It is within the last six years though.
As soon I get home I'll post it

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

ok ta xx btw, I've amended earlier draft defence, just need to check on that date ref possibly statute barring.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Ok, I did send a statute barred letter but they refused it as I made a sat request and sent £10 in 2011 and it was taken off the account instead... x

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Well they won't get away with that so I think its fine to leave it in. They will respond saying 'ahhh but you paid us in 2010' and you'll reply saying 'ahhh but I didn't I sent you a SAR to try and find out information on why you were bugging me and you added the £10 to my account when it was clearly intended to cover the statutory maximum fee for the SAR, turnipheads'.

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

It will do, I'm away from home at present. It is within the last six years though.
As soon I get home I'll post it

Is the payment you mention here the £10 fee you sent with your SAR? Or is there ANOTHER payment showing in the last 6 years?

Ok, I did send a statute barred letter but they refused it as I made a sat request and sent £10 in 2011 and it was taken off the account instead... x

Have you still got any copies of your SAR letter?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Yes I think there is just within 6 years. Will be home soon so I'll post up as soon as I get home. Don't think I have a copy but I'll check. Unfortunately a lot of the earlier letter were lost when our PC had an accident.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Is the payment you mention here the £10 fee you sent with your SAR? Or is there ANOTHER payment showing in the last 6 years?

Have you still got any copies of your SAR letter?

I don't have a copy of the SAR letter unfortunately,
the £10 was debited from the account 07/01/10
The last D/D was debited on the 10/11/08
The statements I have received I haven't seen before as they stopped sending me statements in 2008. That's why I thought it was statute barred, I thought I'd not paid anything from 2007. Unfortunately I was a year out.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

You received six years statements from the claimants/creditor - does that give a last payment date at all?

I've posted dates on another post. but is just in the 6 years unfortunately.
Looking at the statements I've been sent it shows they are refunding some charges but then still applying more to the account at the same time, surely this is unethical??
I'm pretty confused now about the whole issue,
BTW the credit agreement and statements i was sent by them was in response to my statute barred letter not the CCA request which i sent last week. Thought i'd better mention this as its in your notes.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

The refunding of charges must have been in conjunction with my dispute even i didn't accept their offer...

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

The refunding of charges must have been in conjunction with my dispute even i didn't accept their offer...

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I've posted dates on another post. but is just in the 6 years unfortunately.
Looking at the statements I've been sent it shows they are refunding some charges but then still applying more to the account at the same time, surely this is unethical??
I'm pretty confused now about the whole issue,
BTW the credit agreement and statements i was sent by them was in response to my statute barred letter not the CCA request which i sent last week. Thought i'd better mention this as its in your notes.

The refunding of charges must have been in conjunction with my dispute even i didn't accept their offer...

Are there any payments made by yourself (other than the £10 SAR) in the past 6 years? Or is it just refunds of charges? To reset the SBd clock, payments would have to be made by yourself or someone acting for you, it shouldn't count if they were the ones making the payments (refunds).

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

The last payment to go out was 10/11/2008

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

ahh well, it's only one point. just amend as necessary to suit your own case.

1: It is admitted that the Defendant has, in the past, entered into agreements with Sainbury's Bank. The Defendant believes this claim relates to a credit card held with Sainsbury's between 2003 and 2006.

2: The Defendant belives this is an account that was in dispute with the creditors due to account interest and charges being applied to the account during a period of Financial Difficulty the Defendant was making affordable payments on the account by arrangement with Sainsbury's Bank which stopped (at Sainsbury's Banks behest) in XXXXX 2007.

3: The Defendant continued communication with Sainsbury's Bank and made an offer to pay the account at an affordable amount due to financial hardship in XXXX 2007. The Defendant did not receive a response to two letters sent in 2007 regarding the dispute or the offer of affordable payments. No resolution was reached regarding the dispute on the account.

4: On the 15/04/2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

5: The Claimant has provided an illegible and apparently incomplete document {EXHIBIT A} in response. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed. The copy document that has been disclosed is illegible contrary to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) and the Defendant is unable to assess the agreement and original terms to form her defence as to the charges and interest applied to the account.

6:The Defendant also contends that the document supplied to her in response to the formal request under s.78 Consumer Credit Act is incomplete and does not contain all the terms applicable at the inception of the account.

7:Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

8:For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

9: Accordingly, the Defendant avers that

a) The Claimant has not complied with s78 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

b) Therefore, the Claimants Claim should be dismissed.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

SIGNED

DATED