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

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  • #61
    Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

    Hello and good evening Cetelco and thank you for your entry and comments.

    RE: F+F SETTLEMENTS.


    The terms in my offer of settlement were precise, and Sainsbury's knew if not acceptable as settlement they were to return the payment.(Fact) Sainsbury's did not mindlessly bank the said cheque.


    Any regulated lender/creditor who banks a cheque in full and final settlement but does not accept the terms and fails to swiftly reject the payment as a settlement, will have signified acceptance of the payment as discharge of the debt.(Fact-case law)


    Where other creditors are accepting settlements and the payment is from a third party, the conduct of the creditor behaving such as Sainsbury's did, will be taken/seen as a fraud on the other creditors and the third party payer!(Fact-case law)


    My harrassment case against Sainsbury's will use all that it contains within it that is comprehensively comparable to all those cases in full and final settlement that have been successfull to the claimant/persons/debtors who had paid their creditors with a settlement payment and then pursued by the creditor for the balance.


    Sainsbury's were deceitfull, underhand, dishonest, inconsiderate, unreasonable and unfair in relation to their conduct to the full and final settlement. they induced me into believing that the settlement payment had been accepted, as they did not return the payment and they did not reject it, nor the terms the said cheque was tendered by.


    Is there anyone on this site who is a judge, if not, are some of you people stating to me that your knowledge and wisdom has superiority over the lords who reside in the Courts Of Justice of this England?


    Many Thanks
    Godzilla.
    Last edited by Godzilla; 22nd February 2009, 00:07:AM. Reason: Just stating a fact, so there can be no mis-understanding, I would not print something if it wasn't true.

    Comment


    • #62
      Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

      Godzilla, how much are you suing them for? I am asking questions repeatedly around this element. Previously you have stated that you are not interested in the money. The letter they sent you re points 21-23 I think are important in proving that HBOS agree with your summation re Full and final settlement issue. However, the question is what is the monetary amount you are looking for?
      If not monetary, what would it take to resolve the issue that you have with HBOS?

      Comment


      • #63
        Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

        Can you post up the contents of the letter you sent to Sainsurys with your F&F Cheque, as to back up your quote

        The terms in my offer of settlement were precise, and Sainsbury's knew if not acceptable as settlement they were to return the payment.
        Also can you answer the following, in figures please

        • Debt Owing (before F&F was made)
        • F&F Payment Made by yourself
        • Compensation you are seeking

        Comment


        • #64
          Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

          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).

          From post 2
          Is no longer here

          Comment


          • #65
            Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

            Hello Wendyb,

            The entry by Luggerbugs is borderline racist, I did not ask for information on F+F settlements case law, I asked for information on bank harrassment case law.


            I have read every single case on F+F settlements dating back 402yrs, and that is an enormous amount of reading/studying.


            I too have given advice and words of comfort and support to some others on this site, I did not come on this site to be made to feel unwelcome or to be insulted, of coarse I know that I can not hear the tone of the voice to the printed entries, but I do regocnize insulting statements when I see them.


            Many Thanks
            Godzilla.

            Comment


            • #66
              Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

              Originally posted by Godzilla View Post
              Is there anyone on this site who is a judge, if not, are some of you people stating to me that your knowledge and wisdom has superiority over the lords who reside in the Courts Of Justice of this England?
              So you dont alienate everyone on this site who is trying to help you, may I suggest you spend some time reading through other threads and seeing how we have helped others. We are all talking from experience, personal experience in many cases, and we all trying to help you. But you need to help us to help you.

              And, to be honest, if that is really your thoughts of us, why are you still here?

              Comment


              • #67
                Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                Godzilla if you want to take the bank to court then you should read this case on harrassment.
                Cancer patient sues the Halifax for harassment after 762 calls about loan - Times Online
                The case is from 2007 when they were suing HBOS
                http://www.guardian.co.uk/money/2008...ase-man-cancer
                That was when they sued them for breach of a court order
                http://www.guardian.co.uk/money/2007...ccounts.saving
                Again from 2007

                Comment


                • #68
                  Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                  Hello Pkea and thank you for your entry,

                  The debt owed was-£11,714.45.

                  Father-in-law paid-£9,959.83


                  Compensation sought- not specified as yet, waiting to meet with the barrister again.(I can't arrange a meeting with him at the present as my wife has new symptons comming to the surface in relation to her MS so she is very ill at the moment.)

                  Many Thanks

                  PS I hope this answers Natweststaffmembers entry also, and I will post F+F Settlement Offer Letter either tomorrow or Monday if that is acceptable, Sunday tomorrow as you know and our children go back to school on Monday, so I want to make the most of it for them.

                  Godzilla.
                  ------------------------------- merged -------------------------------
                  Pkea,

                  That is not my thoughts of you, if you look at what some others have said you will understand the reasons for my comments to them, that is all.

                  Many thanks
                  Godzilla
                  Last edited by Godzilla; 21st February 2009, 23:54:PM. Reason: Automerged Doublepost

                  Comment


                  • #69
                    Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                    I don't think it matters what country a person originates from, everyone is entitled to the same level of support.

                    What is important though is that you answer the questions asked by posters if they are relevant to recieving the support you require.

                    I think that the confusion re culture has arisen because of some of the postings made in which you say "of this England" or "in this England" instead of simply posting "of England" or "in England" or "in English Law" or the like. This is just a different way of writing though and it matters not but is just an observation.

                    Comment


                    • #70
                      Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                      Originally posted by Godzilla View Post
                      Hello Wendyb,

                      The entry by Luggerbugs is borderline racist, I did not ask for information on F+F settlements case law, I asked for information on bank harrassment case law.
                      Let's deal with this alleged racist nonsense first. You make this claim, yet you also wrote above "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!"so therefore, by your own admission you are British and Luggerbugs is simply wrong, not racist.

                      Originally posted by Godzilla View Post
                      I have read every single case on F+F settlements dating back 402yrs, and that is an enormous amount of reading/studying.
                      If you had read these, you will have seen The Commissioners of Inland Revenue v Fry [2001] and in particular you must have read that this case is interesting not only because it re-affirms previous case law but because it specifically deals with the factual situation of sending post (including cheques) to a large organisation. Contrary to your stated belief, the case law does not point to a hard and fast rule, rather each case is decided on its facts and you, as the party offering the lower figure, must prove that there was accord and satisfaction.

                      You must also have seen Day v McLea (1889) where the defendant sent a cheque for a lesser sum than that claimed for breach of contract "in full of all demands" and enclosed a receipt in that form for signature. The creditor instead sent a receipt "on account" and banked the cheque. The Court of Appeal held that there was no accord to bar the claim.

                      This is similar to what Sainsbury's appear to have done with your account and is perfectly proper.

                      Originally posted by Godzilla View Post
                      I too have given advice and words of comfort and support to some others on this site, I did not come on this site to be made to feel unwelcome or to be insulted, of coarse I know that I can not hear the tone of the voice to the printed entries, but I do regocnize insulting statements when I see them.

                      Many Thanks
                      Godzilla.
                      Nobody, as far as I can see, has insulted you. In fact, posters on this thread have gone out of their way to make you feel welcome and to offer you advice, help and support. It seems to me that you have set upon a course of action that you intend to remain on and you will not be moved. This is fine as long as you can accept the consequences of your actions are your own.

                      Comment


                      • #71
                        Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                        Originally posted by Cetelco View Post
                        Let's deal with this alleged racist nonsense first. You make this claim, yet you also wrote above "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!"so therefore, by your own admission you are British and Luggerbugs is simply wrong, not racist..
                        Indeed. It is difficult to understand how you can make an allegation of ''borderline'' racism when in fact you are within the same border.

                        Comment


                        • #72
                          Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                          I said I wouldn't post on this thread again unless I had something of use to say. I think it is clear that Godzilla is apparently familiar with F&F settlements, as far as we can see, anyway. He asked if there was any case law regarding harrassment by banks. Can I suggest that if anyone has any case law relating to harassment by banks, then please post it up on here. If not, the just don't post at all. I'm sure we have all got better things to do than waste our time on arguing unwinnable skirmishshes against an intractible opponent (if that is the right word, no offence meant)
                          Is no longer here

                          Comment


                          • #73
                            Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                            Originally posted by Godzilla View Post
                            Hello Wendyb,

                            The entry by Luggerbugs is borderline racist, I did not ask for information on F+F settlements case law, I asked for information on bank harrassment case law.


                            I have read every single case on F+F settlements dating back 402yrs, and that is an enormous amount of reading/studying.


                            I too have given advice and words of comfort and support to some others on this site, I did not come on this site to be made to feel unwelcome or to be insulted, of coarse I know that I can not hear the tone of the voice to the printed entries, but I do regocnize insulting statements when I see them.


                            Many Thanks
                            Godzilla.

                            How very dare you!

                            OK, you obviously have your mind made up, and therefore I can see no other reason for you to continue posting, other than to demonstrate how superior your research is.

                            In which case, carry on and have your day in court. I wish you well. I do, however, fear that your actions will seriously cause you and your family further hurt.

                            As there is nothing further that I can say that will be of any assistance, I'll just leave it at that and wish you Good Luck. You're going to need it.
                            My Blog
                            http://cabotfanclub.wordpress.com

                            Comment


                            • #74
                              Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                              Hello and good morning LegalBeagles,


                              LegalBeagles, do you have a fax number to your place of buisness, so that I can maybe fax the letters that I have spoken about.



                              I will be going to court against Sainsbury's and the other four companies as I refuse to let the injustice go on it's way, unchallenged!

                              Sainsbury's are a large corporation,I agree, but this does not mean that they are above the law, nor does it mean that they are immune from being punished if they do break the law.

                              My case seeks justice, not revenge, revenge is unlawfull.


                              Luggerbugs, you have not responded to my polite request in relation to posting your definition of how you would know the culture/background of any author from simply having read a piece of text, so I rest my case against you.

                              I did not state that Luggerbugs was a racist.(Fact)


                              I have read the inland revenue case in relation to F+F case law, and I am fully aware that each case of this type is judged on the circumstances of each case of this type, accord and satisfaction had been achieved in my case, Sainsbury's
                              acknowledged the settlement as account closed, balance £0 and settled.


                              Sainsbury's failed to communicate this to their rellevent departments, but Sainsbury's failures are irellevent to me and to my case as far as successfull internal communications are concerned.


                              Many Thanks
                              Godzilla

                              Comment


                              • #75
                                Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

                                Legal Beagles doesn't have a fax number. It is an internet based forum. Do you have a scanner?

                                Comment

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