They posted me the credit agreement, they had already signed it and I'm pretty sure I signed it and sent it back. I've still got my original copy of the credit agreement at home so should I look for a right to cancel form? I'm a little bit confused (sorry) I do have a thread titled Please help - Enforceable Agreement if its getting too off topic for this thread. Unexecuted and executed I'm still not sure I understand the difference, is it just whether you've signed it or not? I'm pretty sure I spoke to someone at Sainsburys bank, they posted out the forms I signed them at home and sent back a copy... Sorry, I'm probably being useless!

Okay so think I get it now... I signed the alleged agreement at home (i) I dont conduct any business there and neither does the owner (ii) there was no party linked to the transaction (iii) Im not too sure what this means but there wasnt a negotiator there when I signed it The agreement was allegedly made in January 2003 I'm not too sure what "the date I allegedly concluded that agreement" means *scratcheshead* but the default was registered on to my account in April 2004 and has since dropped off Hope I got that all right! Thank you!

I'm going to have to reread this when I get home as not sure I understand fully, will be back on later! thank you!

unfortunately not, the last payment was in jan 2009 but thank you!

I am just after some advice on default notices and DCA's I had a loan with Sainsburys which defaulted in April 2004, the default has now dropped off my credit report but Lowell Financial are chasing for the debt. I had CCA'd them and they came back with a CCA which may possibly be enforceable. (the only thing thats wrong with it is that the Right to Cancel box is missing by the signature) While I'm waiting for the SAR's to come back I just wondered if there was an invalid default notice on there what does it mean? As the default has already disappeared off my credit report there's no reason to contest it is there? The one thing I'm worried about is Lowell applying for a CCJ and I just wondered if there was anything to do with defaults that I can use against them? Thanks for any replies, also I seem to remember reading somewhere if you have an invalid default and the debt has been passed onto a DCA and it goes to court or something that they can apply for a new default? I may have read it wrong though as it was a little while ago!

Havn't heard anything as yet from either, its 40 days for Sainsburys to reply to the SAR though isnt it? So I cant do anything but wait until they send through that info really. What do you think the chances of Lowell applying for a CCJ are?

I was meaning I hope you dont hear from them

thank you - so do you think I'm in a good position to negotiate a full and final? What would you say I should do now? Thanks again - I feel like I can breathe a bit more easily now!

These are the terms and conditions that they included with the CAA. What do you think? Is the fact there isnt a box in the CAA about my ight to cancel near the signature box enough to stand up in court as an unenforceable agreement because everything else looks correct? Thanks

thanks Ill have a read now - will just see if I can upload the second page they sent me as well:)

I've sent the SAR to Sainsburys on Friday so will wait and see what I get back. I sent the "holding" letter to Lowell to tell them that I had SARs Sainsburys and the account is in dispute until Sainsburys come back to me. Am I in a strong position to negotiate F&F with them at the moment? The thing is the default has dropped off my credit report so I dont want to risk going down the non vaild default route as Lowell may be able to put one on now, the agreement looks like its pretty much enforceable so at the moment its not affecting my credit report anymore but I just really dont want a CCJ applied. Is it true if you are negotiating a settlement or have offered monthly payments they cant try and take you to court? What do you think I should do now? Well apart from wait to hear back but its hard because I'm scared of Lowell starting court action!

Thanks for replying, I hope you dont either! jamtastic

cheers dude, I've just tried to open up the attachment but it doesnt open and freezes my computer is there anywhere else I can read it? What happens if the terms and conditions and YOUR RIGHTS box is on the back of the signed credit agreement? Thanks!

thanks for replying cerberus I've got to go out of the office now but will be back on later this afternoon to catch up properly, so does that mean my agreement doesnt have this? Would it be a tick box or a box with writing in it? (Sorry I havnt had time to read that link yet but will do that when I'm back so apologies if that link explains it!) Speak soon and thanks again! (Am going to Post Office as well to send the SAR)

Thanks for your reply cerberus there was a second page which had terms and conditions with it which I wasnt able to get on here yesterday and they have a box in them which says "Your Rights" is this what you mean? It seems like unfortunately I have an enforceable agreement but I'm not an expert in these things so if theres anything else you can see that would be great, thanks again for having a look

I signed it at home. Does this make a difference?

Okay so I've printed out the letter for Sainsburys I will go to the post office at lunch and get it sent off recorded delivery with a £10 postal order. I've also redrafted the letter to Lowell as below: ACCOUNT IN DISPUTE I do not acknowledge any debt to your company or your clients. I have applied for a Subject Access Request from Sainsburys Bank, they have 40 days in which to respond. During this time, this account is considered in dispute, your company must not attempt any recovery activity as this will breach the OFT guidelines. I look forward to hearing from you in writing. Yours faithfully Is this okay to go now? I should def get these sent off at lunch yes?

Okay well that was pretty useless Try this:

This should hopefully be my agreement blanked out

Thanks for your reply Jasper! I went through some more of my paperwork tonight and found some other bits from Sainsburys which I'll be able to post about properly tomorrow. Ill send off the SAR tomorrow to Sainsburys recorded delivery with a £10 postal order as I dont have a cheque book. I understand now that the important thing is getting all the paperwork and info off Sainsburys - that makes sense now. I have no idea if the account was terminated at default - I know that they passed it onto a DCA before Lowell (First Credit Management I think) but dont know if this means it was terminated but like you say will have to send the SAR and see what comes back - will be able to post more on the paperwork I found tomorrow. I think it was probably me overcomplicating things with that letter to Lowell as it was partly taken from another person in a similar sitch to mine that I found - it doesnt need all that bumpf in there, its just for my own peace of mind I wanted to send a letter saying the accounts in dispute while I do the SARs thing so I wont be worrying that theyre going to start court proceedings against me. I know that I probably seem like I'm overreacting about the whole them taking me to court/getting a CCJ thing but I'm feeling really really stressed about it, feel sick in my stomach, finding it hard to sleep and just really scared of getting a CCJ keep trying to tell myself not to stress about it as I'll know if they do try as they have to send papers but I just want to do everything to stop it happening (obv) and thought that sending an account in dispute letter to them would put my mind at rest iykwim? Only so they dont start anything while Im waiting for Sainsburys to get back to me about the SAR>? Hope that makes sense, I'll get my CAA up tomorrow and also post about what I've found once I've got the paperwork in front of me Thanks again for posting it has helped me and please bear with a very scared jam!

Sainsbury's Bank plc City House City Road Chester CH88 3AN. Lowell Financial Enterprise House 1 Apex View Leeds LS11 9BH And these are the addresses I have for both do you know if they are correct? Thank you

The letter that I'm drafting to Lowell to say the account is in dispute how should I best word it to say that I'm contacting sainsburys for the SAR? Does this sound okay or am I going down the wrong route? Dear Sirs ACCOUNT IN DISPUTE I do not acknowledge any debt to your company or your clients. On 23/03/10 I sent a request for a true copy of the credit agreement under the Consumer Credit Act 1974 by recorded delivery. This was to be supplied to me within 12 working days of receipt. This, you failed to comply with putting your company in a default situation. You finally supplied what you believe to be a true copy of the credit agreement on 27/05/10 (dated 21/05/10) which was actually 30 days late. I will be contacting Sainsburys myself in an attempt to resolve this matter. During this time, this account is considered in dispute, your company must not attempt any recovery activity as this will breach the OFT guidelines. I look forward to hearing from you in writing. Yours faithfully cc Sainsbury's ?????

Thanks for your reply Jasper, I think Im getting the hang of it now, thanks for explaining everything to me - The CAA request was sent on the 23rd March 2010 and I received a letter from them saying they couldnt find it would close the account etc. Then I got a letter dated 21st May 2010 enclosing the CAA. (Which I can post up once I get a chance to blank it out etc.) I've drafted an SAR letter to Sainsburys and also an account in dispute letter to Lowell. Another problem which I might come into is the template letter I used to send the cAA request didnt have without prejudice on it so is that me admitting the debt to Lowell? Thank you

The total debt on the CAA was originally about £11,000 and now stands at £5,840 something so I have paid off a lot of it - just not sure what to do now as I only have two more defaults (accounts satisfied) to come off my account by October 2011 and if Lowell apply and get a CCJ it will mess me up for another 6 years which is what is scaring me as Id like to be able to get a mortgage in my thirties as have spent the whole of my twenties with a messed up credit rating (am now 28) Have paid off about £10,000 of my debts altogether that I accrued and this is the only one left (well apart from a Citifinance one for £700 that Im being chased for which isnt even mine which is a whole other story!!!)

Yes April 27th 2004 Yes but not sure how I'd find out when? Through a DMP with Payplan This may have been sent by Payplan it would have been to Sainsburys Bank though not Lowell as Lowell have only gotten involved since last year