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

[Godzilla]

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

I have not accepted any offer from them as of yet, but I have rejected their offer of £1,000.00, I really don't care about the money. BANKS can not continue to conduct themselves in such a way as to believe themselves above the statute and moral laws of this England.

Godzilla.

[natweststaffmember]

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

I have not accepted any offer from them as of yet, but I have rejected their offer of £1,000.00, I really don't care about the money. BANKS can not continue to conduct themselves in such a way as to believe themselves above the statute and moral laws of this England.

Godzilla.

But this action is about you and you alone. Nobody else is involved. In a county court claim, you are the only person who is involved. It is not a class action suit, to use an americanism, so the question you need to ask yourself is this; what do you want to get out of the bank concerned?
How can they compensate you for errors that have occurred, (which I would suggest they have admitted by the offer of £1000.00)?
Are there any banking issues that remain unresolved?(by that I mean credit file, etc,etc,).

[scoobydoo]

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

Hello
,
and first of all congratulations for all your research and resolve in this matter which must have been hard in the circumstances.

I would just like to say that all the posters above would absolutely fully support you if they felt you had a 100% waterproof legal argument that would result in the compensation you require especially because of what they have been through themselves.

You have recieved some excellent advice from all the posters and especially TomTerm and you should read his posts carefully as unfortunately the awards for consequential damages as a result of the actions from banks and other FI have not been successful in the past. Its not that we do not believe you deserve some financial justice , we would be the first people to congratulate you but we are trying to state the facts as they stand at the moment.

Sorry as it a long thread , have you followed the full complaints proceedure and approached the FOS for assistance? Sorry if you have already answered this.

[tomterm8]

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

My case is about harrassment from a bank and if anyone had experienced this.

Many, Many Thanks
God Bless you All
Godzilla.

I would think everyone on this site has experienced harassment from a bank.

I am probably the only one that has taken a protection from harassment action out against a bank, though. In my case, the purpose was to force them into removing a default from my credit file. I didn't need to force it all the way to judgement.

[LuggerBugs]

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

I'm just coming into this, but since I've managed to read the whole thing through without interruption, a couple of things spring to mind.

As Scooby says above, have you taken this to the FOS? This should always be your first route proir to court action. You will then have shown the court that you have done everything possible to avoid court action. Courts have better things to do with their time than sort our disputes that could readily have been settled elsewhere.

If you have involved the FOS, what was the outcome? If, and forgive me if I have not grasped this clearly, I understand it correctly, Sainsbury have now accepted that your offer was in full and final settlement, and have offered you £1,000 in compensation, it is my honest belief that the FOS would consider that to be a fair off under the circumstances.

That being the case, if you were to take this to court having rejected the decision of the FOS (and if you haven't approached them about this, you really should), then a court at best, will only grant what was originally offered in the first place. It is quite conceivable that Sainsbury will win, and will spend considerably more than £1,000 to ensure they do. Costs which, as has been pointed out earlier, you will be liable for.

Whilst I can understand the emotion behind your contemplated action, that should never be a basis for taking a case to court. On a personal level, I suffered harrassment for a non existent debt by RBS over a period of over a year, which was only concluded when THEY tried to initiate court action, but backed down when I demonstrated that I would fight it in court. Yes, it would have been nice to sue THEM for harrassment, but I took the reasoned approach, and was happy to merely accept the fact that they were no longer going to pursue me for a payment that I did not owe, and removed all adverse markers from my credit files.

In other words, compromise. Nobody ever really wins, in that they get everything they want out of a court case. I suggest that you be realistic and accept (if they are still prepared to honour it) their offer. Perhaps you might like to ask them to compromise too, and remove any damaging entries in your credit files also? If they agree to that, I'd say you've won a considerable victory in any case.

Please don't take this post as a criticism in any way. I admire you for standing your ground against these people. But at the end of the day, you need to take a step back and look at this clearly and think, what if I lose? Bankruptcy is a strong possibility. And would that really be fair to either you or your family?

[enaid]

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

As has been said on the last two posts many or nearly all of us have suffered at the hands of these institutions, in varying degrees of course.
You have been given some excellent and very fair advice IMO.
How you view this advice is entirely up to you of course, the FOS route is one I would go for personally. Although it may take a while to get a result from them, it would be a fair decision. If you didn't agree with their decision you can still go the court route, but you can not do it the other way round.
Whatever you decide Good Luck Enaid x

[Godzilla]

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

Who is it out of anyone who has seen my post that can say they have hands-on experience that is like for like of my case?

I have not contested any advice given, so why do you or anyone else assume that I have?


Are you all really unable to understand what I have written, as I have written using the ABC'S of the language of this soil that all you people dwell upon.


Is there any response from any of you in relation to understanding my written quotes?

Do all you people see yourselves as consumers only, are you not able to free your minds away from those chains and think for yourselves as your creator intended you to?


My case is about harassment from a bank, is there any case law on it?


Many Thanks
Godzilla.

[natweststaffmember]

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

Godzilla, can you post the letter from point 23 which was their offer and how it was worded?

[LuggerBugs]

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

Are you all really unable to understand what I have written, as I have written using the ABC'S of the language of this soil that all you people dwell upon.

That pretty much sums it up. You may have all the words in there, but it doesn't read as if it were written by someone who's cultural background defines them as being from this country.

And therein lies the problem. You are struggling to express yourelf in what is quite obviously not your native tongue. And we in turn are struggling to make sense of what you have written.

But we are trying. Honestly we are. So PLEASE don't take offence where there is none to be taken. We just don't want to see you hurt any more than you already have been.

[RLJ]

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

Hi Godzilla,

I came to this site in 2007 for advice, i am a manual worker and have no knowledge of the law and it's workings. The folks on here are well versed on all aspects of banks and their ways. i suggest to you that you heed their advise very carefully. They know what they are talking about and they have helped many people. They only want to help you! Please listen to them for you and your family

RLJ

[Paule]

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

here are a few bits for you, with links to cases etc

Civil Harrasment

PKea

[Guest]

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

There is information regarding full and final settlements at post #23 on this thread. Ladidi v Abbey - settlement offer ** SETTLED** - Legal Beagles and for clarity I will repeat it here.

"Full and final settlement" is often found in a letter sent by a party to a contract with a payment or offer of payment in an attempt to settle a dispute between the parties. The cheque, or offer of a cheque is normally for a lesser amount than the disputed sum.

The common view is that if the receiver of the cheque cashes the cheque, or accepts the offer and subsequently cashes the cheque sent then he has been taken to accept the lesser amount as settling the dispute between the parties. A contract having arisen, with the sender proposing the terms of the contract by sending the letter and the cheque/offer, indicating a method of acceptance, that is by cashing the cheque.

This view is incorrect and is supported by previous case law. The correct view is to examine the intention of the receiving party. The intention by the receiving party must be to accept the cheque/offer of payment in settlement/satisfaction of the dispute for there to be a binding contractual settlement of the dispute. In every case, it is a question of fact whether this has occurred or not. (see Stour Valley Builders (a Firm) v Stuart and Another [1993] and The Commissioners of Inland Revenue v Fry [2001])

However, timing is key, as Bracken v Billinghurst [2003] showed where an employer, who had been awarded £45,000 as the result of an adjudication, told the building contractor on the other side that it would accept just £6,000 in settlement of this award. The other side decided to send a cheque to the employer for £5,000 in full and final settlement. However, in this case the covering letter stated that if the offer was not accepted the employer should return the cheque. Two weeks passed before the employer cashed the cheque and wrote to the contractor rejecting the offer in settlement and furthermore stated that it would pursue them for the total award. The court held that this was too long a period for it to have held the cheque and not informed the contractor of its intentions. This delay, combined with the clear terms set out in the contractor's letter, meant that there had been accord and satisfaction (i.e. the debt had been settled at only £5,000).

This last case highlights the dangers present in this area and the importance of acting quickly. One cannot treat a sum received as a payment on account without informing the other party of this intention sufficiently quickly.

Therefore, although cashing a payment is not an automatic acceptance of your terms, it is strong evidence of acceptance by conduct of any offer accompanying the cheque (Cantor Index Ltd v Thomson [2008]). However, conduct will only amount to acceptance if it is clear that there is an intention to accept the offer. That intention will be determined objectively. Cashing a cheque is always strong evidence of acceptance, especially if it is not accompanied by an immediate rejection of the offer although it is not conclusive. If a cheque is offered but the accompanying proposed terms of settlement are not acceptable, the cheque can still be banked and it would be relatively easy for Sainsbury's to rebut any presumption of acceptance, given the size of the organisation and the number of cheques they receive every day.

[Godzilla]

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

Good evening Luggerbugs and thank you for your comments.

RE: Cultural Background, Language I speak.

What is the definition then, that would define the language that's written, by anyone, as being written by someone who's cultural background is that of this England's?


I respectfully ask you, if you would be willing to kindly define how it is that you would know the cultural background of any author from simply having read some of that author's printed text. (Printed in English, of coarse)


Simply because you are part of the majority here, it can not be inisted by you and some others that I should have to endure it as fact, that the majority are right, so right that it can not possibly be any other way, even though none of you state the foundation that your views rest upon nor give the qualifications that your views rely upon.


Or to put it another way, you and some others state opinions, and only your opinions, and I find that it is you and some others who struggle in being able to cope with your inability to read eloquently written English literature.


How wrong you are Luggerbugs, I was born here in this England, I was raised here in this England, I am Brittish through and through! It is to this world that I do not belong, not the culture!

Many Thanks
Godzilla.

[natweststaffmember]

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

Godzilla, what is the monetary amount you are seeking from HBOS?
Let's stop pussy footing around with this issue anymore. I have asked twice about point 23 so let's just stick to a straight monetary amount.
How can HBOS resolve the issues you have brought up?

[WendyB]

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

Well this is getting stupid now. People are only trying to help. They have experience on the matter of full and final settlement, as shown in Cetelco's post above. You can read it, digest it and then decide what to do about your case. Or not, as the case may be. Luggerbugs did not mean to cause any offence to you, he merely stated what he percieved, from the way you write and use the language. I think you will find that people state their opinions becuase they are just that, their opinions. Opinions are a personal thing by their very nature so you cannot state someone else's opinion for them. But I digress. You asked for relevant case law, you now have it. Read it and take what you will from it. If you want help and opinions then ask. If you don't like the answers that are given, then so be it. But please also remember that this site is known for helping people, and giving useful thoughts and advice, and actually caring about the plight which persons find themselves in. If this is not what you want to hear, then I can only apologise for trying to help and being concerned for the situaion you and your family find yourself in and for what has happened before. I cannot speak for the others, but I personally will not offer any more thoughts or opinions on this thread, but will stick to useful facts, in black and white, should I find any which may be of use to you.