Sainsburys Bank

[Deb T]

I sent a SAR to Sainsburys in August, the address I used

 

Sainsburys

Retail Bank Collections

PO BOX 607

Trinity Road

Halifax

HX1 2UJ

Edited September 21, 2009 by Deb T

[katpuss]

Is this debt now with Capquest?

[Notty]

Hi Katpus

No its not with Capquest. I suddenly had a letter from BSO saying they would accept the 1% for a year. Not heard from them regarding cca. SAR has a little while to run. Thanks everyone.

[Notty]

I have received my cca and although the card was applied for online is there certain things on the online cca that should be there? I know they dont have to provide a signature but there isnt a ticked box instead of signature. On the CAG online example of enforable agreements it does have a box with a tick in. I suppose it wouldnt take much for them to add that? Are there any hard and fast rules for online agreements. It does seem a bit of a vague area doesnt it. I tried to do a search to see if anyone else had challenged an online agreement but couldnt find anything. Also in their letter they said I had not paid as the terms and agreement and they had defaulted me and closed the account. Thing is I have never received a DN and as they have now said in the letter the account is terminated wondered where I stood? Thanks for any help you can offer.

[Notty]

can anyone offer any advice - thank you.

[Notty]

Anyone?

[Undercover-Elsa]

Hi again Notty

Bumping this for the evening shift for you - I'm not that up on online agreements. Could you scan it and post it on here (after removing personal details including any barcodes) for others to check out.

Re the termination - they are not entitled to do that until they have issued a valid default notice. If they have they're in breach of contract.

Don't mention it to them yet though. You might find out more when the SAR comes through - we need to see if it states that a DN was issued. If it doesn't its good for your case.

Elsa x

[Notty]

Thanks Elsa

Have posted the agreement. There is also the T&C but not posted them, will if needed. Also the letter they sent with the cca. Any help much appreciated. As on previous thread never received DN or TN as stated in their letter.

 

http://i815.photobucket.com/albums/zz80/Daxknight/img168.jpg

http://i815.photobucket.com/albums/zz80/Daxknight/img167.jpg

[http://i815.photobucket.com/albums/zz80/Daxknight/img165.jpg

http://i815.photobucket.com/albums/zz80/Daxknight/img164.jpg

http://i815.photobucket.com/albums/zz80/Daxknight/img166.jpg

Edited September 26, 2009 by Notty

[Undercover-Elsa]

Hi Notty,

They've just done the usual evasion tactic of supplying a reconstruction of the agreement. If it went to court they would have to provide screen dumps showing the ticked box etc .

The SAR request is now crucial to show whether they've logged that a DN was issued. They may also include the application screen dumps. If they don't, you need to ask for them.

[Undercover-Elsa]

PS Keep the lack of a DN under your hat. We need to see the SAR first, also to check for penalty charges.

Hopefully they might hold off now till that comes through but if they write and threaten you again let us know.

Elsa

[Notty]

Thanks Elsa. Do you think it worth a cca request to my other on line credit card? I dont know much about the online agreements. I always thought it wasnt really worth a cca to them as they always supplied the cca?

[Undercover-Elsa]

When was it taken out?

[Notty]

Sainsburys and Virgin were both taken out 2008. That is why I didnt think you could request the cca as they were both online too.

[Undercover-Elsa]

As with your other one, unfortunately anything taken out after April 2007 can be enforced by a judge even if missing or invalid (eg they will take proof of payments etc as proof). Prior to that they can't .

The only benefit really is to play for time as they can't enforce while in default of a request (after 12 + 2 working days). Being so recent they probably wouldn't take long.

However, if you have unfair charges on those accounts then a SAR is the way to go to reclaim them, plus there's other ways they have to comply, Default Notices etc

 

Elsa x

[Notty]

Thanks for that Elsa. So the cca Sainsburys has sent me is enforceable because it was after 2007? I thought that was the case but didnt know how I stood if the tick box was missing (the documents I have photobucked) but if you are saying if bits are missing the judge will still accept it as already made payments and that is all the proof needed? Unfortunately no charges etc but they certainly have never sent a dn so not sure where that leaves me I'm a bit confused - sorry.

[Undercover-Elsa]

It is at the discretion of the judge post April 2007, unfortunately

However....The DN is very important, could mean the difference between owing the lot and only owing the arrears up to termination. We'll know more when you get the SAR. All is not lost... no fat lady singing here yet

Others will hopefully have more input too as to how you should proceed.

Elsa xx

[Notty]

Thanks Elsa appreciate your help.