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

[scoobydoo]

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

[As for the balance after the settlement being put against another account in my name, well this area too, is deep and complicated, there is no question of doubt, there were two accounts in my name and this other account was not my account.

During the executive level investigation undertaken by Sainsbury's, they(Sainsbury's) informed me that there were two accounts in my name,(Key word here is "Two Accounts"), Sainsbury's informed me of this on many occasions over a five month period, when I asked for an identical hard copy of this "Other" account(Under the DPA) Sainsbury's then backtrack and say the two accounts are infact one/and of the same it's just that there are two "Account Numbers" not two accounts.
My documentary evidence proves that this "Other" account is a seperate, individual and different account to my one, original and only account.


There is no credit agreement to this "Other" account. This is the account Sainsbury's informed the DCA'S of when they(Sainsbury's) unlawfully, illegitimately and recklessly disclosed my personal information to them(The DCA'S).

I hope this clarifies a few things, if not, let me know.


Many Thanks
Godzilla.[/quote]


Sorry do not want to distract from your main question - but who are actually behind Sainsburys ? Because this info sounds vey much like the two big cases against RBOS - with the "phantom" accounts

[Tools]

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

sorry scoobs I couldnt resist, the clue is in the title of the thread

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

[Mochamoo]

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

HBOS are.... ^^^^ its in the title

[scoobydoo]

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

:o

sorry - but then again there have been so many mergers and takeovers that I am confused which bank is which now anyway!:tinysmile_cry_t:

But no excuse for not reading.


http://www.rjw.co.uk/news-events/dir...tion-from-bank

[WendyB]

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

Having read the above letter, I have to say I really can't see what more you can expect, or want, to achieve. maybe I am missing something, but as I see it, Sainsbury's have accepted (albeit eventually) that your cheque was F&F, and have written off the outstanding balance, removed adverse date from your files, called off the DCAs etc. They have grovellingly apologised and admitted there were serious failures in their systems and said that they were sorry for the hassle caused you over the 16 month period.
If it not about the money for you, then why take them to court? I cannot see that a judge will order them to do any more than admit what they have already admitted to you in the letter above, although I am not an expert in case law etc. Also, with them having apologised and made an offer etc, is there not a possibility that your claim could be seen as vexatious? Or is it that you want to get a verdict of "Guilty of Harassment". If this is the case what punishment/sentence would you expect them to recieve, if not by way of being ordered to compensate you monetarily?

Please be aware I am just rying to get this clear in my head, as to where you see the finishing post as being, and what, in your opinion, it would take to be able to draw a line under it , and when, in your opinion, it will be classed as "all over and done with"

[Tools]

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

From scoobys link


Harassed woman wins compensation from bank

Published 23/05/2007
A mother who was planning to sue her bank for perceived harassment over charges accrued from her overdraft has settled out of court.

Alison Turner, 31, was seeking an injunction against Halifax after she suffered stress as a result of repeated attempts to contact her.

In an earlier case in January she had forced the bank to withdraw charges relating to a £775 overdraft, having argued that the charges were unlawful.

However, since the fees were waived on March 13th, Ms Turner was subjected to 33 phone calls and letters in a three month period from staff relating to the debt.

Commenting on her treatment in March she said: "I was bullied by the bank and made to feel a failure for getting into debt. If customers are having problems, banks should listen to them and understand and try to get them back into the black - not make their position worse harassing them by telephone. "

A Halifax spokesman said: "We did settle before it went to court but in terms of the details, that's between ourselves and Ms Turner."

Ms Turner pursued her legal action under the Protection from Harassment Act of 1997.


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[natweststaffmember]

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

Tools, how much did she win?

[Tools]

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

Next to the last line Nattie, what is this........National No Reading Day

A Halifax spokesman said: "We did settle before it went to court but in terms of the details, that's between ourselves and Ms Turner."

[scoobydoo]

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

It was rumoured to be about £2000.
One difference was, that part of the case was the injunction attempt, I gather up to the case they had not ceased the activity or apologised.

But this was for only 3 months intense activity rather than the prolonged distress our OP is claiming.

Also although embarrased by my lack of reading I still say that the quote about the second account does still sound like the RBOS case.

So there!



Mrs Turner brought her legal action against the Halifax under the Protection from Harassment Act 1997. She sought an injunction against the bank as well as 'substantial damages'. The Halifax agreed to settle out of court earlier this week, but declined to disclose for how much. It is thought Mrs Turner was paid around £2,000 in damages. A spokesman for Halifax said: 'We have no comment to make about the case other than to say it's been settled.'

Mrs Turner and her solicitor Neil Mercer were also unavailable for comment yesterday. Mr Mercer has previously said: 'What you have here is the case of a woman who had hundreds of pounds worth of charges put on her account for going a few pounds overdrawn.

'The bank subsequently agree to remove the charges but in the interim period the customer services department and the collections team seemed to have no contact. She was constantly harangued for money she no longer owed.

'The calls were coming in at night, in the morning, and at weekends. Her two young children would often take the calls and be asked to provide security details. It caused sleepless nights and great concern. There is absolutely no question that the bank's conduct amounted to harassment.'
Financial ombudsmen and consumer groups said the settlement could inspire more customers to take on their banks over charges. A spokesman for the consumer watchdog Which? said: 'This is another example of how people can keep challenging banks. It takes time and patience but it can be done.'

[EXC]

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

I would have to say that hiring the services of a barrister at this early stage when you're still scrabbling around for case law is very risky - especially when you don't appear to be in employment. Let alone the other sides costs should you lose.

In any case you have a duty to try and settle the matter before resorting to legal action and you would need to convince the court of the the reasons for litigating over and above what Sainsbury's have already admited to and offered.

[natweststaffmember]

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

Next to the last line Nattie, what is this........National No Reading Day

No but that article is very difficult to read. They settled her bank charges case so therefore the answer is £0???

[scoobydoo]

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

Two separate cases - charges waived or refunded. Then out of court settlement for injunction and harrassment case.

[enaid]

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

This is why we have the FOS supposedly, if they say no and you still think you have a case then court it is IMO.

[scoobydoo]

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

This is why we have the FOS supposedly, if they say no and you still think you have a case then court it is IMO.

I think we all agree on that . It is important to follow the correct proceedure.

[Godzilla]

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

Hello and good evening to you all and thank you for all the replies,


My case is about harassment from a bank that used the help and support from four other companies in an unlawful, persistent and unjustified campaign that was intended to cause severe stress and anxiety inorder to obtain a payment from me to a debt that I did not owe.


Sainsbury's had already written off the balance of £1,757.62 and closed my account, this was actioned by Sainsbury's in May and June of 2007, before they(Sainsbury's) passed this alledged debt to the DCA'S.


Sainsbury's failed to update their own records on their system, and as I did not have an account or credit agreement with Sainsbury's, they had no legal right to disclose my personal information(DPA) to any organizesation, there was no relationship between Sainsbury's and I (Creditor/Debtor).


Sainsbury's have offered £2.00 per day for all of the 500 consecutive days of harassment, this is also to cover any damage caused as a direct result of unlawful, illegitimate and reckless disclosing of my personal information.


The financial Ombudsman service is not an option, because they (FOS) cannot enforce the law and I am not in a financial dispute with Sainsbury's.


Sainsbury's offer of monetry compensation is to cover the two people who have suffered from this protracted unlawful campaign, 24hrs a day for 500 consecutive days(My wife and I).


Sainsbury's deliberately with-held my factual account history from the DCA'S, and there was a legal duty on them(Sainsbury's) to provide information in relation to my factual account history.


Sainsbury's are refusing to communicate with me and they(Sainsbury's) are refusing to make amends/put things right, the first response letter from Sainsbury's is not making amends or putting things right in circumstances such as mine.


The second and third letters are contradictory to the first letter, but still Sainsbury's state they will not change their position on this matter, I remain unsatisfied, so into court I will go so that my case can be presented to a Judge.


Many Thanks
Godzilla.

PS I am staying on-line for a couple of hours if anyone would like to reply, I would be very gratefull.