**DISCONTINUED**. court claim for credit card that was in dispute

[Roxi]

Hi All,
I am new to this site so please forgive me if I'm posting in the wrong forum.

My problem is this (this could turn into a rant due to me frustration, so apologies now lol):

I got a credit card with Sainsburys bank in 2003

In 2006 I had an accident and ended up out of work, as a result i incurred an awful lot of overlimit and unpaid DD charges plus interest. I went for debt advice and was told to offer a £1 a week for the foreseeable future while I got back on my feet. (At the same time I nearly lost my house and had to VS my car and i was suffering with anxiety and depression)

What I wasn't told by Sainsbury's Bank is that the agreement to pay a £1 stopped after 12 months. I didn't receive a letter to inform me of this until I received a letter saying thank you for setting up a DD. By then they had started charging my account with interest and all the charges. The DD were coming out at the minimum but the chrages and interest were swallowing it up and I was not paying anything off at all. After getting advice I put the account into dispute (which I was told would freeze interest and charges while we worked it out) This did not happen and they continued to take payments. (this was causing me to incur bank charges too so I cancelled the DD that I didn't set up in the first place. I sent out a letter of complaint and officially put the account in dispute. We negotiated via letter ( some of which I have) and they offered to refund a small amount of the charges. While this was going on they were still sending debt collection letters too) I sent a letter saying thank you for your offer however I will only accept a full refund of all charges and interest applied to my account, I then said I would then be willing to set up a standing order to pay back an amount that I could afford per month and obviously not use the card again...

I never received a reply although I sent the letter 3 times recorded delivery (I might have the proof somewhere...)
While awaiting a response it was passed to a debt collection agency, then another, then another and has been so for the past 5 years.
In this time I have attempted to sort this out by explaining to the debt companies that the account is still in dispute but they will not listen and insist I owe it. The amount in question is £2770, the majority of this is charges applied before and during the dispute.
I received yet another different debt agency letter last year and stupidly thought that I was over the 6 year mark. The reason for this is that I did not ask or acknowledge the debt willingly after they revoked the £1 agreement and forgot that they had took it upon themselves to set it up themselves. (they have also done this in 2011 with my new account, I have no idea how they got my bank details) They didn't take anything and a dd wasn't registered with the bank so I must have cancelled it in time)
As I have had approx 8 different debt agencies sending letter but never taking it to court I assumed it was because they knew that an account with charges etc was not going to be an easy one to win. I wanted to get this resolved but my experience of courts has not been a fair one.
I have a letter stating that I am seriously disputing the amount owed and i have a response from Sainsbury's offering a refund of some of the charges.
Can anyone offer advice on where I stand with this please?
If I have to pay all of this when I did try to resolve it 5 years ago I will be devastated, especially as most of it is unlawful penalty charges...
Sorry for such a long post andthanks in advance.

[EXC]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I received yet another different debt agency letter last year and stupidly thought that I was over the 6 year mark. The reason for this is that I did not ask or acknowledge the debt willingly after they revoked the £1 agreement and forgot that they had took it upon themselves to set it up themselves. (they have also done this in 2011 with my new account, I have no idea how they got my bank details) They didn't take anything and a dd wasn't registered with the bank so I must have cancelled it in time)

Are you saying the DCA set up a DD without you authorization? How can you have cancelled it if it wasn't registered with the bank?

Can you elaborate on this please?

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hi thanks for the reply.
I have found a letter dated july 2011 from sainsburys saying thank you for setting up a DD, account no:******* sort code******. I've checked through my statement history and found no DD going out around this date, I have also called the bank and they can't find anything to suggest a DD was set up. The strange thing is I have been being chased by debt management companies before this. They also reinstated the DD after the payment arrangement.
I have to file an acknowledgement of service by mon as i am going on hol. Do I defend all of the claim or some of it? I know I owe a small amount but the rest of it is charges and interest ( half of it while in dispute)
I also need to know if it is relevant that this debt was passed on while the account was indispute? I did not receive a final response from Sainsburys.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I am going to leave my acknowledgement of service until mon pm just before I leave for the airport. If anyone can shed some light on my situation by then that's great.
I really want to know before I reply to the courts whether I should defend all of the claim or only part of it? If i defend only part as I do know a small amount that isn't penalty charges and interest, i need to give a figure that I believe I owe. I simply cannot do this before I go away due to work commitments and I may not have all the statements ( after working it out it may turn out that I do not owe anything too). If I do have a reasonable argument for the way I have been treated and I can defend all of the claim on these grounds I would like to know.
I SAR sainsburys and received only statements a few years back. if i need all the letters will they still have them from 2007/2008?
I have attached the POC's incase anyone can give me advice on it.

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I'll move you down to the right forum so your thread doesn't get overlooked xx

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Thank you Amethyst. x

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

On the acknowledgement put intend to defend in full, you can change it later but it gives you more time to check things out.(28 days plus 5 for service)

Also.. send a cca request and CPR request as per http://www.legalbeagles.info/forums/...it-Court-Claim

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

On the acknowledgement put intend to defend in full, you can change it later but it gives you more time to check things out.(28 days plus 5 for service)

Also.. send a cca request and CPR request as per http://www.legalbeagles.info/forums/...it-Court-Claim

Thank you, I will do that today. Was worried whether I could change my mind if i wanted.
i'll be able to enjoy my holiday a bit more now knowing that. .

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

YEs, it isn't binding at all, just an indication and so the court knows you have received the claim and are acting on it Enjoy your holidays. If you can get the CCA and CPR letters off before you go we should be able to get things sorted quite quickly when you get back xx

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Hi Again
I'm back off my hols and thanks to you Amethyst I did manage to put this claim out of my mind.
Unfortunately I couldn't get the CPR letter sent due to my printer being Kaput so I'll need to send that tomorrow.
I havent mentioned that before I came on to this site for advice I trawled the internet debt advice websites where I was advised to contact the FOS by the National Debt Line. I called them on the friday before i went away and made an official complaint against the OD as advised. While I was away I received a call from the OD, they were courtious and were asking what the issue was. I spoke with them regarding the account being in dispute when it was passed on to DC and the penalty charges being added while the account was in dispute. He said he would look into my account and see what he could find but as it was more than 6 years ago they may not have any account information on the debt. If it was passed on he said they may not be able to provide anything at all. IF so, this means that the only statements for the account start from after when the AVI was set up and shows when it ended that I was paying the minimum again but the penalty charges and interest were more and therefore not bringing me back into my arranged credit limit.
I have to write me defence out tomorrow, I realise it has to be clear and concise so if anyone can offer me some help on my wording and points to add i than you in advance.

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Okay, if you haven't had a response to your CCA requests that you sent, you could ask the claimants solicitors to agree and extension to the defence filing date under CPR 15.5. http://www.justice.gov.uk/courts/pro...es/part15#15.5 as you are awaiting further information from them and are unable to enter any defence or admission until you have this.

(They may say no, in which case we get on with the defence )

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

YEs, it isn't binding at all, just an indication and so the court knows you have received the claim and are acting on it Enjoy your holidays. If you can get the CCA and CPR letters off before you go we should be able to get things sorted quite quickly when you get back xx

Hi Amethyst
I'm sending the CPR request however it will not come before i have to file my defence which ny 23rd july. I really need some help in filling in the defence form.
Do i file a defence based on the account being made up mainly of penalty charges and interes;t and that the account was in dispute when many of them were being applied?
Should i also state that sainsburys passed the debt without sendinga a final response to the dispute?
The only paperwork i have recieved from the claimant is the credit agreement statements from the last six years showing clearly that penalty charges and interest were being applied and the minimum i was paying was not bringing it back into my credit limit. I have posted regarding my fos complaint with sainsburys on the post before. I think this is relevant as they have said they might not be able to provide me with account statements beyond 6 years. This would make it impossibe for me to know exactly what is charges and what is not. x

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Oops it seems I was posting at the same time...
I'll have alook at that extensions thanks

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Okay, if you haven't had a response to your CCA requests that you sent, you could ask the claimants solicitors to agree and extension to the defence filing date under CPR 15.5. http://www.justice.gov.uk/courts/pro...es/part15#15.5 as you are awaiting further information from them and are unable to enter any defence or admission until you have this.

(They may say no, in which case we get on with the defence )

How do i go about this with the courts and the solicitors? sorry if im being lame, i followed your link but its doesn't say how to do it.

[Amethyst]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Ahh, either email or ring the claimants solicitors

As you have been unable to comply with my CPR 31.14 or CCA 1974 requests or furnish me with any further information relating to your claim, so that you may have more time to send the relevant information to me please could you confirm by return your agreement to an extension of the time allowed for me to file my defence, as allowed under CPR 15.5 so I may notify the court.


If they say yes, then you'd email the court saying that both parties are in agreement on an extension to the date for filing a defence of 28 days (or until XX date), and attach a copy of their agreement. ccbcdefendants@hmcts.gsi.gov.uk