Sainsburys Bank Cards, CCA what next?

[The Unfairy]

Hi

 

I've been reading up loads on here and as I have a couple of Sainsburys bank CC I thought I would try the CCA route as I am struggling to pay. These had been passed on to Westcott. I sent Westcott the CCA letter from the template and got back a letter saying they did not have the thing, so were returning it to Sainsburys. Received from Sainsburys a letter confirming they had defaulted the account back last year and nothing that looked like an application form, nothing with a signature on just some headed letter paper with the terms on it which seemed quite generic.

 

The letter insisted that this fulfilled their duties and I had to pay up.

 

Today I got a letter from WEstcott offering me a deal for early settlement of about 40% knocked off if I settled ASAP.

 

I am thinking that maybe I didn't understand the CCA thing as well as I thought I had and maybe what they sent me is sufficient? Should I have specifically requested a signed copy?

 

I read a thread on here which was called something like "When you shouldn't go down the 7?/7? route" and now I am hopelessly confused.

 

I know I should be reading all the threads on here and I have tried but I am seemingly too thick to actually grasp the legal side of this and just get more confused!

[cerberusalert]

Send the muppets this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[The Unfairy]

Thanks.

 

Haven't made a complete mess of thsi so far then. I did wonder when I had such a kind offer from Westcott whether this meant they were runnign scared and trying anything just to get something out of me.

 

I could SAR them as well couldn't I? I am fairly sure they have charged me a few times.

[IdaInFife]

they are running scared.

 

wait to see if they try and send you anything else for the cca

 

ida x

[up2meears]

I've also got a cc with sainsbury's and sent a letter requestin CCA and then sent the letter that cerberusalert posted because the 12+2 days had expired. I have today recieved a credit agreement and a credit card agreement both on A4 paper, neither has my signiture on it? On the cover letter Sainsburys have put....

 

Please note that the information we have provided you with is all the information we are required to provide you with under section 78 of the consumer credit act. Please also note that we are not required to provide a copy of the original signed agreement under section 78 of the Consumer Credit Act.

 

Like you The Unfairy I am totally confused and was wondering if the letter you recieved from Sainsburys had the same thing?

[Teetacbin]

That is exactly what I had in my, I just sent the standard bog off letter as this wasn't an accurate cca and havent heard from them since.

[Teetacbin]

Bad news, it looks as though they have me on this one! they have sent me a copy of what looks like the cca thing, though it doesn't actually have the credit card number on. I am clutching at straws here I know also the additional card holder details weren't filled in, would that make any difference?

[cerberusalert]

Can you scan it, remove identifying details & post it up. Or if you haven't a scanner take a digital photograph using 'macro-mode'.