Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I have a credit card with Sainsburys which I took out in 2004. I've gone through the following procedures and now need some urgent advice:
1) Subject access request- Sainsburys deny ever receiving my request. I wrote to the Information Commissioner and provided proof of postage. They wrote back and stated that it seems likely that they have broken this principle.
2) CCA Request- Made the request with the usual £1. Sainsburys went into default on the 1st July as no agreement was sent. They wrote on the 3rd July (received the 6th July) with a reconstructed agreement, no signiture dated Oct 08. (Agreement taken in 2004) Wrote to them stating that only a copy or the original would be accepted. Wrote back with a copy of my original application which does not confirm to the regs.
To date, no copy of the original signed cca agreement, only demands for payment. I have written a number of occasions stating that I do not feel that my request is unreasonable for a copy of the orginal signed agreement.
Now there solicitors are now threatening court action.
Any advice? My next letter was going to be along the lines of. "As they have breached a number of my lawful requests and failed to produce a valid signed cca agreement, I will waiver any compensation claims against them in favour of reducing the balance to 0.
You have done all that can be expected of you at this stage.
They have failed to produce a valid CCA. The matter is effectively in dispute.
I can tell from your post that you just want to be done with the whole thing and I suppose that's why you suggest writing to them to plea bargain....
But the fact of the matter is that the law is quite straightforward and it can work to protect you - if they do not hold a valid cca then they have no true claim against you.
I would sit tight and wait for them to take the matter to court.
The application they sent you is not an agreement.
If you do want to write to them - then try using one of the tried and tested letters that can be found on the forum.
Whatever you do - do not make them any offer in any shape or form.
I am not aware of any law that allows any trader to 're-construct' any credit agreement. This would be tantamount to fraud!!!
If I did reply to them - I would only write to advise them that I am referring the matter to their regulatory body - the OFT - purely for clarification of their actions taken so far of course. : )
If there is no signature, how on earth can they prove in a court of law that you have a true agreement..??
Yes..you were paying it off - but the trader needs to appreciate that now that you are aware that they have no documents to sustain the agreement; that it could get pretty nasty for them in a court of law....
It would be interesting to know what steps they took to bring the matter into default - i.e.... is the default notice valid??
Most solicitors have been closed for xmas. I am extremly worriedasI have no money to pay for costs.
I did write to Sainburys with a Pre Court Proticols request on the 18th December. I gave them 10 days to produce the required documents sothat I could submit my defence. To date, I have not received anything. I have until the 12th Jan to submit a defence.
I have to submit a defense to the courts by Tuesday. I still have not received anything from Sainsburys. Could someone check these documents. Account was taken out in 2004. These are the only ones I have had.
1) There is a front copy of the said agreement, which clearly states application form, but is almost illegible in places.
1) Made a Subject access request on the 27th April. Sainsburys failed to respond within the time frame. They claimed they did not receive it. The Information Commissioner ruled that on the balance of probililities, in was likely that they broke this principle. (I have the letter)
2) Made a consumer crefit agreement request on the 8th June. Copy of agreement didnot arrive until 23rd August.Reconstructed agreement was sent on 27th June, arrived 3rd July.(Two days out)
3) Have written about account in dispute. debt collection agents continued to chase. Had advised that I considered account in dispute until full copy of agreement was in place. Sent them the bemused letter.
4) Requested information under the Civil Procedure Rules on 25th July. Ignored by Sainsburys. Gave them 14 days
5) Wrote to Albion Collections on 11th Sep as they were ignoring my in dispute. Reminded them of OFT guidelines and that I was still awaiting consumer agreement. Asked them under section 10 of data protection act to cease processing data.
6) Started receiving letters from Blair, Oliver and Scott. (Did not receive notification that they were changing agents. Wrote on the 1st Nov with bemused letter.Asked them under section 10 of Data Protection act to cease processingmy data.
7) Wrote to Bank Ombudsman,who replied with usual, sorry cannot help,go to ombudsman.
Have quoted all the relevant actsthat I beleived that they have been breaching.
8) Received court claim. Wrote to them on 18th Dec using Civil Procedure Rules again requested information and copies of original agreement. Gave them until 29th December on letter. Nothing returned by them. Cannot fully complete defence as info not given. (Sent by recorded delivery)
Its a bit short notice but due to xmas period could not get a solicitor, have no money and Sainsburys did not send me the requested info.
SAINSBURYS- Help needed
- Sainsburys deny ever receiving my request. I wrote to the Information Commissioner and provided proof of postage. They wrote back and stated that it seems likely that they have broken this principle.
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