Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individual

[TANZARELLI]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

So have you filed yet?

[Godzilla]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

No, I am still waiting for some final outstanding documents from Sainsbury's.

I have issued notices to Sainsbury's stating that a court order will be obtained by me that will legally enforce Sainsbury's to release these documents

I have had telephone contact with the Data Subject Access Request Management Team of Sainsbury's this morning and they have informed me that I will be in receipt of these documents by the middle of next week.

All other departments of J Sainsbury's Plc, Sainsbury's Bank Plc(HBOS) and HBOS PLC are refusing to communicate with me either in writing or by telephone.

I have asked the chief executives one last time if they are willing to re-consider thier position and settle this matter out of court, this was three weeks ago and there has been no response from any of the above-mentioned companies.

I have told them that I look forward to seeing them all in court.

Many Thanks
Godzilla

[Godzilla]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hello and good evening again super people,

Just up-dating my earlier post in relation to the telephone contact that I had with Sainsbury's Bank Plc(HBOS) today.


By the way does the H.B.O.S at the end of the above stand for:

HARASSMENT BUREAU OF SAINSBURY'S? just wanting to know! Can anyone confirm if it does or not?


Three weeks ago I faxed a letter to Sainsbury's DSAR management team requesting the final outstanding issues to my SAR and futher hard copies of my personal information which is held by them(Sainsbury's) in a rellevent filing system and is readily located as per the "Durant case" DPA.

(My SAR was put in writing and sent and received by Sainsbury's on the 11th of August 2008!)

Earlier this week I faxed this letter to them again and requested Sainsbury's to provide me with a time scale for thier response in writing, as i did so in my faxed letter three weeks ago.


As I did not receive a response from Sainsbury's, I telephoned them to ask when is it, the time, that I will be in receipt of these documents.

I was told by one of the managers that it was being addressed,as of today, and that they had received it three weeks ago, but they do not consider me or my request a priority.

While I was on the telephone this manager asked me if I could explain what exactly It was that I was requesting. This manager stated to me that niether her or the other senior managers including the departmentle manager/officer in charge were able to understand what I had written in one of the paragraphs of my letter, so I did explain, in an idiots guide type of fashion.



This is typical of Sainsbury's personnel, what I mean is, the inability of senior managers and of executive level managers in them lacking the very basic skill of understanding simple, plain and clear written English, it is also typical of Sainsbury's in that the very basics of buisness etiquette is nowhere to be found in any of it's(Sainsbury's) departments. I say this from my expierence with them.


This is the paragraph in the faxed letter I mention here that none of Sainsbury's managers understood:

(It was paragraph number four(4) in my letter)

QUOTE.

4. I also respectfully request Sainsbury's Bank Plc(HBOS) to provide an identical hard copy of the original/first communication containing my personal information/data at the time of when this disclosing of my personal information/data was communicated to Blair, Oliver and Scott Ltd, Eos Solutions UK Plc, Iqor Recovery Services Ltd and Incasso LLP. I fully understand that the details with-in this particular communication could contain the identity of another person or that it could contain account information for Sainsbury's Bank Plc(HBOS) or Blair, Oliver and Scott Ltd or the external agents, if this is so, then any reference in this particular communication to any other person(Other than me) or to any of the above-mentioned companies account details should be erased or crossed out in such fashion so as to render it unreadable, therfore there would be no breach of the Data Protection Act and no breach of any trade secrets in supplying me with this information, which is information that I am entitled to under the Data Protection Act.


Written plain English!

Would anyone like to see my very serious and third letter of complaint sent to Mr Justin King, Group Chief Executive Officer of J Sainsbury's Plc, this is the letter that stopped Sainsbury's battle ship DEAD in the water.(4 pages)

And would anyone like to see the two responses from Sainsbury's to my serious letter.

Further to that is anyone interested in having a look at my fourth and final very, very serious letter to the responses from Sainsbury's(10 pages) and Sainsbury's third and final response to my very serious complaint.


I ask this because this correspondence would provide the reader with a great picture of the series of events that unfolded over the consecutive sixteen and a half month period of the said unlawful campaign by Sainsbury's against me and my critically ill wife.

Many, Many Thanks to all of you Super people
Godzilla.

[Mochamoo]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

(My SAR was put in writing and sent and received by Sainsbury's on the 11th of August 2008!)

Have you not complained to the ICO?




This is typical of Sainsbury's personnel, what I mean is, the inability of senior managers and of executive level managers in them lacking the very basic skill of understanding simple, plain and clear written English, it is also typical of Sainsbury's in that the very basics of buisness etiquette is nowhere to be found in any of it's(Sainsbury's) departments. I say this from my expierence with them.

I have to say and I dont mean to be rude in any way shape or form but you are quite flowery in your writing style and I do struggle to follow what you are saying.


This is the paragraph in the faxed letter I mention here that none of Sainsbury's managers understood:

(It was paragraph number four(4) in my letter)

QUOTE.

4. I also respectfully request Sainsbury's Bank Plc(HBOS) to provide an identical hard copy of the original/first communication containing my personal information/data at the time of when this disclosing of my personal information/data was communicated to Blair, Oliver and Scott Ltd, Eos Solutions UK Plc, Iqor Recovery Services Ltd and Incasso LLP. I fully understand that the details with-in this particular communication could contain the identity of another person or that it could contain account information for Sainsbury's Bank Plc(HBOS) or Blair, Oliver and Scott Ltd or the external agents, if this is so, then any reference in this particular communication to any other person(Other than me) or to any of the above-mentioned companies account details should be erased or crossed out in such fashion so as to render it unreadable, therfore there would be no breach of the Data Protection Act and no breach of any trade secrets in supplying me with this information, which is information that I am entitled to under the Data Protection Act.


Written plain English! Sorry but not really, I had to read it several times to understand it.

Would anyone like to see my very serious and third letter of complaint sent to Mr Justin King, Group Chief Executive Officer of J Sainsbury's Plc, this is the letter that stopped Sainsbury's battle ship DEAD in the water.(4 pages) Yes please

And would anyone like to see the two responses from Sainsbury's to my serious letter. Yes Please

Further to that is anyone interested in having a look at my fourth and final very, very serious letter to the responses from Sainsbury's(10 pages) and Sainsbury's third and final response to my very serious complaint. and again yes please


I ask this because this correspondence would provide the reader with a great picture of the series of events that unfolded over the consecutive sixteen and a half month period of the said unlawful campaign by Sainsbury's against me and my critically ill wife.

Many, Many Thanks to all of you Super people
Godzilla.

I think this is a very interesting case and I wish you well. Have you decided what compensation amount you will be asking for?


Oh and I forgot to ask, Have you set thought about the costs involved. It could get very very expensive and (godforbid) you lose you could be lumbered with your costs and their costs. Obviously with your current situation and your wifes illness that would be devestating.

I know you want payback, I would too, but please make sure everything has been thought of and dont jump in with both feet

[Godzilla]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hello and a very early good morning to you Mochamoo,


I wish for you to know that I take no offence to your opinion as to the way in which I script my letters.

Yes I am still awake,(2.00am) this is just one of the many effects of this thing that I have suffered from, as a direct result of the said unlawful campaign against my household and me by Sainsbury's Bank Plc(HBOS) and thier army of debt collection soldiers.


You might be interested to know, that I,the man who names himself here as Godzilla is an uneducated, ordinary, ho hum, run of the mill, mortal man.


If there is no objection from any reader of this site, then I should like to state the following quotations:



"If a life should suffer, then it be the duty of all peoples here on this earth to ease that suffering of that life until that life suffers no more. For if all peoples here on this earth can do that, then all peoples here on this earth shall see and expierience the true path from which progress leads".


"The cycle of life today is no different to that of the first century, it is only the technology that is different".


"Without this thing known as the economy, life would live, without the life this thing known as the economy, would die. Of what value then is money".


"The land of the living is ignored by the world of the dead".


"The peoples of each nation here on this earth are nothing more than the hands of time on the man-made clock of hours"



"It is the male leaders of this world that state "This is a mans world" and this is true, this is a mans world. The truth is sometimes with-in the truth, for this is a mans world, but there are no men in it".


"This world is at a crossroads, the earth is piosoned beyond repair and the sheperds still do not tend to thier sheep, who then on this earth can say that they have learned something"




The above quotes are all from the same author and he states his name here as Godzilla.


My case against Sainsbury's and the other four companies is now in its sixth month of construction and nearing completion. Very soon it will enter into the courts of justice.


I know the precise amount of compensation that I seek and I shall state it here for you.

I want every minuet of every hour and every hour of every day and every day of every week and every week of every month and every month of all of those sixteen and a half months that Sainsbury's stole from us, back, that is the exact amount of compensation that we want and deserve, we as a family dutifully afford the right that justice be given unto us.


The level of compensation to be given, when placed upon the scales of justice should balance those scales equally, so at the very least the level of compensation equalls the size and the weight of the said unlawfull campaign. ( the size is the five companies and the weight is the pressure they put upon us from thier unlawful actions).


If you wish to comprehend just how much pressure these companies placed upon my back and in my mind, then may I suggest to you to take a five hundred kilo boulder and balance it on top of a straw.(You know, a drinking straw for fizzy drinks etc)


I am going to court for justice not money, but I do expect to be compensated in monetry terms for all of the 500+ hours of legal research, addministration and production that has been spent on my case to-date.


It is not possible for any court to give us back the life that was stolen from us,I know, but the loss of any life will always out-weigh any financial loss.

Many, Many thanks to you Mochamoo, I will print those letters here for you shortly.

God Bless you
Godzilla.

[Paule]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

I know the precise amount of compensation that I seek and I shall state it here for you.

Can I ask a simple question for a simple answer

How much compensation are you claiming, in £, as you stated the above quote but didnt answer it

Have you looked at the other sucessful harassment cases and their awards?

If the letters are long, can I suggest that you attach them as a document rather than post the entire contents on the thread as its easier to follow your thread then.

I would also be interested to see your PoC that you will be submitting for this case.

PKea

[tomterm8]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

I am going to court for justice not money, but I do expect to be compensated in monetry terms for all of the 500+ hours of legal research, addministration and production that has been spent on my case to-date.

.

Some facts:

1. The courts will set your compensation for legal time at a reasonable level. As a litigant in person, you are not entitled to compensation for 500 hours of legal research. You will not get it. You are entitled to compensation for a limited amount of research, the most I've seen in a fast track trial is 10 hours.

2. Cost awards in English courts never in practice cover the full costs of the case.

3. Even if you win, English courts are likely to only award nominal damages for distress, the most I've seen an English court award on a protection from harassment claim was under £2000.

4. Under english law, it is possible that your settlement was unenforceable.

5. If you have been offered an appology and compensation of £1,000, and assurances that the harassment will stop, and you take it to court the judge can severely maul you even if you win. If the judge awards less than the £1,000 in damages, which is quite possible, then you may still be liable for the other parties entire costs.

They will hire professional baristers. Given the complexity of the case it is likely to be placed on the multi-track. In this case the costs will amount to £20,000 easily, and given the state of your finances if you lose a couple of pretrial hearings even without judgement, they might apply for your bankruptcy.

If you want to take this to court, you must simplify the basis of your claim so you can bring it into the small claims track or fast track. This will limit the amount that they can claim in costs to a more reasonable amount.

I hate to be negative, but I think given the effort and time, taking the £1k settlement would be wise. It is likely that if you go to court, after expenses you will get less. And you might lose.

[Godzilla]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hello and good morning to you Pkea and thank you for your entry to my thread.


Is it money that all people here on this earth have the highest respect for, is money considered by all, to be above the life?


I did answer the question, I stated the exact amount of compensation that is required.


Who is it on this earth that can state the sum of money as equal to the value of life?


What I have written in my previous thread is not open to interpretation, it is as it states it is, that is the truth, pure and simple.


Please do not be offended by what I ask you in this part of this post, because what I ask you is said by me in the most respectfull way. Did you understand any of what I have written in my previous thread, and please be honest with me as I am to you, I will not be offended by your opinion.


Many Thanks
God Bless You
Godzilla.

[Sapphire]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hi Godzilla,

I've just been reading your story again

'All of our creditors excepted between 50% and 70% payments as settlements and closed the account, Sainsbury's Bank Plc(HBOS) encouraged me to send into them a settlement figure of 85%(My debt was £11,714.45 my father-in-law paid them £9,959.83 with the money that he borrowed).'

Can I please ask did you actually get written agreement from Sainsbury's of the full and final settlement ?

[WendyB]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hi Godzilla

have just been reading through your thread again, and I think I am getting the gist of it now. But I have to say that I do think you are repeating yourself, somewhat. I do understand that you and your family have been, and no doubt are still, suffering with stress etc from this matter, but now that all of us here know about your situation I think it might be best just to post the actual facts, rather than put in all the background every time you post.

It will help us to get straight to the point, the better to help you.


With regards to your reply to PKEA's post, I too have looked through your thread and can't find an amount which you are asking for, which just illustrated my point that sometimes too much info and background and repetition can cloud the issue and stop us from seeing all the facts.

Wendy

[tomterm8]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Who is it on this earth that can state the sum of money as equal to the value of life?


Many Thanks
God Bless You
Godzilla.

The English courts can. When you submit a claim you can ask for three things:

Injunctive relief
The court orders someone to do something or refrain from doing something.

Monetary relief
The court orders someone to pay you something

A declaration of law.
The court declares something to be a fact, or law. This is a rare relief, and would apply to cases such as asking for a declaration under the consumer credit act 1974 that a loan is not enforceable. It is not relevant in your case.

Injunctive relief is not available to you, because sainsburys has already agreed not to continue the course of conduct. So the only thing you can apply to the court for is a monetary relief.

it works this way, you ask the court for some money in compensation for distress. And the court decides what, if anything, to pay you. If you don't ask for a specific amount of money the courts will place you on the multi-track, and huge costs awards are possible.

Depending on the amount of money you ask for, the costs at each stage of proceedings increases. If you ask for more than £5,000 you are on the fast track, and solicitors costs can be recovered according to a schedule. If you ask for dramatically more, you get on the multi-track and it costs around £2,000 per hearing.

You might consider launching a criminal case, it is within the legal framework of the protection from harassment act. This would cost a huge amount of money, and make you liable for almost unlimited costs if you lose. The burden of proof is different too.

So, as you see the question "how much are you claiming" is a really basic one, and distinct from "what wrong did they do you"? People routinely ask for less money than they are theoretically entitled to because of cost implications.

One thing you will never get from a court case is a "moral" resolution. You might get a little satisfaction, but having been to court all I can say is it is a stressfull process and the only good reason to do it is financial. Winning does not change any distress you suffered, and the process of court action is likely to just add more stress and unhappyness to your life.

[Godzilla]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hello again super people,


Here are the facts:


1. I was in a debt management programme with Sainsbury's Bank, six months- Dec 06 to May 07, £1.00 a month.

For these six months Sainsbury's agreed to freeze out the original credit agreement and the terms of it, I have this in writing.


2. Between Oct 06 and the 15th of March 07, I pleaded with Sainsbury's asking them to state a settlement figure as our situation was never going to improve as a direct result of my wife's critical illness, Sainsbury's refused to give me a settlement figure even though I had informed them that the other creditors were accepting a settlement from my wife and me(We each had accounts including running accounts).


Sainsbury's knew where the source of money was comming from as did all of our creditors, the money was being borrowed by my father-in-law who was retired, in ill health and he had no financial committments. He was our saving grace, we were having a major financial crisis and on the verge of sinking out of existence.


3. In Jan 07 I sent a settlement offer asking Sainsbury's if they would consider accepting £3,907.00 as a final payment to settle and close my account.


4. Sainsbury's write back rejecting my first offer nearly three weeks later.


5. In Feb 07 I write again explaining our worsening situation and plead with them to please provide a figure that they can accept to settle and close my account. No response back.


6. Inbetween sending letters I am having numerous telephone contact with them in relation to a settlement figure, they know the other creditors are accepting settllements from us and still they refuse to assist us in this worsening financial crisis of ours.


7. Finally on the 15th of March 07 Sainsbury's agree that if I send in my second offer of settlement which will be somewhere between 80 and 90% of the account balance then they will certainly give consideration to it. I have this in writing.


8. I send in my letter of full and final settlement with my father-in law's cheque attached to it, posted the 19th of March 07. A cheque payment for £9,959.83 against a balance of £11,714.45- 85%.


9. On the 6th of April 07 I receive a letter from Sainsbury's titled "Balance Request" there is no mention of the above-mentioned payment, there is and never was any rejection of my offer in settlement. Sainsbury's had banked the said cheque.

10. Upon receiving this balance request letter I telephoned Sainsbury's and asked them what was the meaning of it as there was no balance to the account because they had accepted the settlement offer, Sainsbury's said don't know anything about any settlement payment from you. I said thier behavior was deceitfull and underhand as the agreement was that there were to consider whether or not if they would accept the settlement and confirm to me what thier decision was.
Again Sainsbury's denied any knowledge of the cheque in full and final settlement and asked me to make a payment on the remaining balance, I said no I do not owe you any more money and that they had no legal right to have of taken the said cheque without informing me first of thier intentions.



11. Eight days later(14th April 07) I receive a letter dated the 13th April 07 from Sainsbury's stating that I had a new credit limit of £1,850.00, Sainsbury's had added £92.38 to the balance they claimed was outstanding, on the 15th of April 07, less than 48hrs of this credit being applied to the said balance my account was subjected to fraudulant transactions to the total sum amount of £70.00. This account was used by someone to purchase top-up credit for a mobile phone, I had not used my card for nearly 10 months and I have a contract mobile phone which I have had with the same company for 12yrs.



12. It was Sainsbury's who contacted me to inform me of these transactions as they were highlighted/flagged up by thier own system as being highly unusual and irregular transactions in relation to the pattern of the account history.


I tell you super people I know you asked me to keep it short, but because of the depth and complexity of my case it simply is not possible, I am feeling very sick at the moment, I am going to continue the facts but for the moment I really do need to come away from this for a short 20mins break.


So can I PLEASE leave this much with you for that period of time, and will you super people please respond to what I have written here so far.

When I return I will respond to any replies and continue with the facts.


Many, Many huge thank you's

God Bless you All

Godzilla.

[WendyB]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

So basically, you did not get acceptance in writing of your offer, just sent them a cheque and presumed they would accept it?

[Mochamoo]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Godzilla,

I am a little bit concerned, as Wendy said, on the basis of point 7, 8 and 9 that if you go to court you will lose and end up in more debt. They did not say they would accept your figure only that they would consider it.

Why did you send them a cheque without an agreed settlement figure?

Do you have these letters that they sent you so we can view the wording? it might be that we are missing something vital.

[Paule]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Sorry to be blunt, but reading your last post I agree with Wendy.

You need to get them to agree on the figure before you sent a cheque.

When you send money to these people, the person will just take the cheque off the letter and apply to the account, they prob wont even read it.

In my opinion if you attempt to take this to court on the basis of what you have said, you will lose with costs against you.

We have tried to help you, but you just give flowery replies to questions and don't answer the questions posed.

You seem to be ignoring the advice and help that has been given, which doesnt help us to help you

PKea