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

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

    I know I said I wouldn't post, but one thing REALLY bothers me. You say you didn't go to the FOS because you say you are not in a financial dispute with Sainsbury's.

    But as I understand it, that is EXACTLY what this is all about. Why else are you trying to take this to court?

    Understand this; NOBODY is going to jail in the EXTREMELY unlikely event that you won your case. And THAT, I think (you'll correct me as always if I am wrong) is precisely what you are trying to get from this ridiculous charade.

    It's just not going to happen. Not in This England, or anywhere else.

    At the risk of offending, yet again, might I suggest you come back to Planet Earth for a moment and understand EXACTLY what you are getting yourself into here. You think your life has been bad overthe past 16 months? It's NOTHING compared to the consequences of losing your case. Or is your pride that important to you? More important than your family?

    OK, then. Destroy yourself if you wish. Because THAT is what you are heading for. No doubt whatsoever in my mind. The people I feel really sorry for is your wife and family. They don't deserve what will happen to you ALL when this all goes pear shaped.
    My Blog
    http://cabotfanclub.wordpress.com

    Comment


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

      Originally posted by tomterm8 View Post
      I have serious doubts as to the capability of your legal adviser, Godzilla. You quoted an incorrect version of statute law. Any qualified lawyer should know that s40 of the Administration Of justice Act 1970 was ammended by the Consumer Protection from Unfair trading Relationships Regulations 2008 Schedule 2 s13.This is highly relevant to your case.

      In any case, breach of s40 of the Administration of Justice Act 1970 does not create a tort actionable under civil law to the best of my knowledge, it is a criminal offence.

      These are your doubts tomterm8, doubts that are based solely on your assumptions, golden rule applies here, never assume. I rest my case.


      Many Thanks
      Godzilla.

      Comment


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

        Originally posted by natweststaffmember View Post
        I wanted to add one more thing. There are a huge amount of experienced people on this site and are trying to understand your case. No one is saying that you are wrong but it is hard at times to understand what you want from them. For me, that is the important question. I can see HBOS/Sainsbury have admitted that something went wrong and have offered recompense but I think there are questions that I think I need to know.
        1) What do YOU want them to do to resolve the issue?
        2) What do YOU think is an acceptable solution to this?
        Once I understand that I think I can work out whether court action is the best route/FOS is the best route or acceptance of the amount offered.

        One question as an aside, How was the £1000.00 offered? Was it cheque, direct payment and was any cheque banked/payment spent?

        Godzilla we are getting there and I hope that if you can answer the above that the picture will become like a Van Gogh or perhaps a John Constable(a masterpiece )
        I am awaiting a response GZ to this post. Please can I be put out of my misery. Thank you.

        Comment


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

          Originally posted by Godzilla
          I am entertaining, so much so, that there are many movies made about me, and you like me so much that you have even stuck a poster of me against your entry, Luggerbugs, you are my biggest fan.

          Your friendly nieghbourhood reptillian,
          Godzilla.
          Do I detect a sense of humour?? Yes, I do, ye big green saurian. Go on, admit it. You took that chill pill after all. Now if only you could chill enough to realise the damage you are doing to yourself, perhaps you can stand back and start to take a more realistic viewpoint. YES, you are hurting. YES, you wish the people who wronged you could suffer. But really, it's all about YOU.

          PLEASE don't risk everything to assuage the sense that you have been wronged. Rather, take a look at the fact that these people have GROVELLED to you and offered you probably as much as you could possibly expect were you to win in court. Take comfort in the fact that this in itself as a victory.

          We would ALL love to hurt these institutions. Badly. But most of us have realised that you don't wn the war in one battle. Every LITTLE victory adds up, to the point where it DOES hurt them in a very big way. Ask Cabot for instance. Their stupidity in refusing me a simple litle request has cost them much, much more than they claim I ever owed them. They KNOW how to stop me dead. But their pig headedness means that they are happier let me continue my campaign. So whilst I personally may not have gained very much, it is THEY who are suffering. At no risk to myself.

          Look at the broader picture. Please.
          My Blog
          http://cabotfanclub.wordpress.com

          Comment


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

            Godzilla, how come you are ignoring me?

            I need to know what you feel is an adequate and proper package that you believe is acceptable to YOU as you have rejected one offer. Thanks.

            Comment


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

              Originally posted by natweststaffmember View Post
              I wanted to add one more thing. There are a huge amount of experienced people on this site and are trying to understand your case. No one is saying that you are wrong but it is hard at times to understand what you want from them. For me, that is the important question. I can see HBOS/Sainsbury have admitted that something went wrong and have offered recompense but I think there are questions that I think I need to know.
              1) What do YOU want them to do to resolve the issue?
              2) What do YOU think is an acceptable solution to this?
              Once I understand that I think I can work out whether court action is the best route/FOS is the best route or acceptance of the amount offered.

              One question as an aside, How was the £1000.00 offered? Was it cheque, direct payment and was any cheque banked/payment spent?

              Godzilla we are getting there and I hope that if you can answer the above that the picture will become like a Van Gogh or perhaps a John Constable(a masterpiece )
              No I did not accept the compensation from Sains, I want Sains to inform DCA'S
              that Sains got it wrong and instruct DCA'S to provide an apology to us.

              Sains need to show us that they have some regard at least for what they have done, and I don't want Sains to do this to anyone else, I do not know what the level of compensation would be for the damage done.

              Many Thanks
              Godzilla.

              Comment


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

                Originally posted by Godzilla View Post
                No I did not accept the compensation from Sains, I want Sains to inform DCA'S
                that Sains got it wrong and instruct DCA'S to provide an apology to us.

                Sains need to show us that they have some regard at least for what they have done, and I don't want Sains to do this to anyone else, I do not know what the level of compensation would be for the damage done.

                Many Thanks
                Godzilla.
                Point (1)The DCA's were instructed by Sainsburys for what they thought was a legitimate debt. They when questioned by you went back to Sainsburys who said the debt was legitimtate.
                I'm sorry but the DCA's on this occasion do not have to apologise since they were acting on the orders of Sainsburys.
                Sainsburys have apologised.

                Point (2) Their regard is on three fronts, they have removed the default, they have settled that debt which they should have done earlier and they have offered what I would consider, a high value compensationary amount of £1000.00.

                Godzilla, unless you have a monetary amount because when all is said and done you are a number to them, then you cannot make sainsbury not do this again or make them pay for the mistakes and maladmininistration of your account. Mistakes/bad customer services/ poor communications between departments/poorly dealing with complaints will always happen in companies. It's not the norm, it's not what they are expected to do but it happens.

                Comment


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

                  How much has you barrister quoted you for this case, ballpark figure will do.
                  How much is his hourly rate? and will he use a team of paralegals and/or admins to assist.

                  When I was in court v Halifax & Barclays, their barristers fees weren't cheap, luckily neither party got costs awarded so I cam away unscathed, but could have been costly

                  Comment


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

                    Godzilla, I have been out for the day, I do not appear to have your letter 2 from Sainsburys so am unable to post it. Do you think it is worth posting up ?

                    I think the consensus of opinion is clear on your thread, and you disagree with the majority which is your right. My own personal view on your case is that the possibility of you gaining what you are looking for is extremely slight and you are taking a huge risk.

                    To that end, is there anything further you would like assistance on? I do not feel further discussion along these lines is going to assist you nor our other users. Some interesting points have been raised, for which I thank you.

                    I have moderated a couple of posts on this thread and I will PM the posters individually so that amendments may be made if applicable.

                    If comments continue along similar lines I may have to consider closing the thread.

                    Personal, Religious or Racial attacks on ANY member BY ANY member of this site will not be tolerated. I make no apology for that.


                    Ame
                    xx
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


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

                      Good morning to you all,

                      I will be off-line all day today, I am very gratefull to you all for your post and I offer my apologies to any of you that might feel that I have offended you, this was never my intention, so I ask you, If you can or feel you can, Please forgive me.

                      When I am back on-line, If any of you would like to talk I would most welcome you to do so.


                      Many Thanks
                      Godzilla.

                      Comment


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

                        Originally posted by natweststaffmember View Post
                        I wanted to add one more thing. There are a huge amount of experienced people on this site and are trying to understand your case. No one is saying that you are wrong but it is hard at times to understand what you want from them. For me, that is the important question. I can see HBOS/Sainsbury have admitted that something went wrong and have offered recompense but I think there are questions that I think I need to know.
                        1) What do YOU want them to do to resolve the issue?
                        2) What do YOU think is an acceptable solution to this?
                        Once I understand that I think I can work out whether court action is the best route/FOS is the best route or acceptance of the amount offered.

                        One question as an aside, How was the £1000.00 offered? Was it cheque, direct payment and was any cheque banked/payment spent?

                        Godzilla we are getting there and I hope that if you can answer the above that the picture will become like a Van Gogh or perhaps a John Constable(a masterpiece )
                        To Natweststaffmember,

                        Sainsbury's acknowledgements as the account- Bal £0, Settled, Closed and cancelled were made in May and June 2007, including the "Other" account.


                        Many Thanks
                        Godzilla.

                        Comment


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

                          Originally posted by Godzilla View Post
                          To Natweststaffmember,

                          Sainsbury's acknowledgements as the account- Bal £0, Settled, Closed and cancelled were made in May and June 2007, including the "Other" account.


                          Many Thanks
                          Godzilla.
                          They(Sainsburys) are the ones entirely at fault for instructing the DCA's to go after you. They and they alone.
                          The DCA's act on the orders of the organisation concerned. That is why my conclusion to you was that they were not at fault.
                          You told the DCA's that they were wrong, yet they went to the Bank and the bank said there was a legitimate debt. The only thing I can think of doing is perhaps a SAR to each of the Debt Collection Agencies which may give you a clue as to what they actually did(if you haven't done so already).

                          Comment


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

                            Originally posted by natweststaffmember View Post
                            Point (1)The DCA's were instructed by Sainsburys for what they thought was a legitimate debt. They when questioned by you went back to Sainsburys who said the debt was legitimtate.
                            I'm sorry but the DCA's on this occasion do not have to apologise since they were acting on the orders of Sainsburys.
                            Sainsburys have apologised.

                            Point (2) Their regard is on three fronts, they have removed the default, they have settled that debt which they should have done earlier and they have offered what I would consider, a high value compensationary amount of £1000.00.

                            Godzilla, unless you have a monetary amount because when all is said and done you are a number to them, then you cannot make sainsbury not do this again or make them pay for the mistakes and maladmininistration of your account. Mistakes/bad customer services/ poor communications between departments/poorly dealing with complaints will always happen in companies. It's not the norm, it's not what they are expected to do but it happens.

                            Hello again NWSM,


                            Sainsbury's did "Say" the debt was legitimate to the DCA'S, but when asked by the DCA'S for the evidence, the DCA'S informed me that Sainsbury's were not very helpfull.


                            At least two (2) of the DCA'S are members of the CSA, and not one of the DCA'S or Sainsbury's followed the OFT debt collection guidelines, I know these are only guidelines, but all buisnesses of that type are expected to adhere to them.


                            I really do not know the level of compensation sought at this point in time, and I do need to go back to the barrister to finalize the particulars of claim etc, etc.


                            Many Thanks
                            Godzilla.
                            ------------------------------- merged -------------------------------
                            I am logging out again, and I will be back later-on.


                            Many Thanks to you all
                            Godzilla.
                            Last edited by Godzilla; 27th February 2009, 18:34:PM. Reason: Automerged Doublepost

                            Comment


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

                              Originally posted by Godzilla View Post
                              Hello again NWSM,


                              Sainsbury's did "Say" the debt was legitimate to the DCA'S, but when asked by the DCA'S for the evidence, the DCA'S informed me that Sainsbury's were not very helpfull.


                              At least two (2) of the DCA'S are members of the CSA, and not one of the DCA'S or Sainsbury's followed the OFT debt collection guidelines, I know these are only guidelines, but all buisnesses of that type are expected to adhere to them.


                              I really do not know the level of compensation sought at this point in time, and I do need to go back to the barrister to finalize the particulars of claim etc, etc.


                              Many Thanks
                              Godzilla.
                              ------------------------------- merged -------------------------------
                              I am logging out again, and I will be back later-on.


                              Many Thanks to you all
                              Godzilla.
                              Please please please please please do not feed barristers with a case that you can still negotiate a settlement with. Sainsburys are solely at fault. The DCA's cannot apologise for Sainsbury telling them that the debt existed. Please be careful because the more I hear of a barrister the more I am going down the route of vexatious litigant. You need to sit down and carefully consider what you want to get out of this. If you want them to apologise, they have. If you want them to clear the debt, they have. If you want them to never do this again, it will never happen. If you want them to pay compensation, they did offer that. If you want the DCA's to apologise, you won't get that cos the Original Creditor told them to chase the debt. I'm not on the forum for the weekend(well not tomorrow and possibly sunday) but please sit down, have a cuppa and have a think what you want. Do you want compensation in the form of money so that you and the wife and kids can take a break from all the stress that has happened? Then how much would it cost? That is your monetary amount. The got something wrong, they admitted it but litigating may not be the right route.

                              Comment


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

                                Originally posted by Amethyst View Post
                                Godzilla, I have been out for the day, I do not appear to have your letter 2 from Sainsburys so am unable to post it. Do you think it is worth posting up ? I think it might be worth it, if anyone would like me to I will, then it can be compared to their(Sainsbury's) first response.

                                I think the consensus of opinion is clear on your thread, and you disagree with the majority which is your right. My own personal view on your case is that the possibility of you gaining what you are looking for is extremely slight and you are taking a huge risk.

                                To that end, is there anything further you would like assistance on? I do not feel further discussion along these lines is going to assist you nor our other users. Some interesting points have been raised, for which I thank you. No I don't think so at the moment, but if something does come up I will ask, thank you.

                                I have moderated a couple of posts on this thread and I will PM the posters individually so that amendments may be made if applicable.

                                If comments continue along similar lines I may have to consider closing the thread.

                                Personal, Religious or Racial attacks on ANY member BY ANY member of this site will not be tolerated. I make no apology for that.


                                Ame
                                xx
                                Many Thanks Amethyst
                                Godzilla.
                                ------------------------------- merged -------------------------------
                                Good evening to you all and I hope you have had a good day,


                                I am not going to be on-line at the weekend, so I do hope you all have a pleasant one, Sainsbury's have informed me that I should be in receipt of the outstanding documents on the 2nd of the month, so I will up-date if there is anything new.

                                Good bye for now and many thanks to you all.
                                Godzilla.
                                Last edited by Amethyst; 27th February 2009, 21:09:PM. Reason: Automerged Doublepost (changed color of reply bits - ame xx)

                                Comment

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