Hi All - Next one to reply to my letter was Sainsbury's who inform me that because I have used my account recently they can't accept reduced payments, a phone call (I know I shouldn't have but I was cross!) advised that they now had a change in policy and if someone's account is recently used then there has to be no activity (except payments I presume) for a few months before they will even consider it. I eventually went through to their "hardship dept" who advised that as my original letter had been sent prior to this change of policy they would accept reduced payments of 1% of the outstanding balance (just over £75 in my case), I explained there is no way I could afford this, they then said if they accept the £10 per month I've offered they will continue to add charges and interest and eventually it will be transferred to Blair Oliver & Scott.

So what do I do, continue to pay the £10 I can afford and rack up a load of charges and interest, or try and find the £75 each month and avoid the charges? They did state that once it gets transferred to BO&S then the charges and interest would cease, but am I inviting a whole lot of trouble doing this? Also I've held this account for years, should I CCA them and put the account in dispute, or should I wait until BO&S take over the matter.

I'm really confused and very cross !

Any advice gratefully received as always

Yes, send a CCA as a matter of course. No. don't be tempted to try to pay what you can't afford. Sample letter below asks them to reconsider freezing interest & charges. If they carry on refusing to freeze int & charges ( even if comply with CCA ) you can reconsider paying them anything ( what's the incentive if debt grows anyway?? Better to split it between creditors who are being reasonable at least it will reduce the balance ). You could even basically say OK see you in court I'm not paying anything ( as int & charges are frozen on a CCJ county court sometimes is a good option for you ).

First link is letter just asking them to reconsider. 2nd one is the invite to sue you.

http://www.nationaldebtline.co.uk/england_wales/temp/3824_80041.pdf

http://www.nationaldebtline.co.uk/england_wales/temp/6963_18631.pdf

Hi Powell - thanks for the advice, great as usual, I can't click your scales because they keep saying I have to pass the feedback around ! If they can't provide the CCA, do I carry on paying anyway, not trying to walk away from debt, however as and when I get funds to offer full and final, Sainsburys will be right at the bottom of the pile I don't really want a CCJ, must admit they did say it would pass to BO&S but didn't mention taking me to court prior to them doing that

BO & S are just a debt collection agency so no special powers ie no rights of entry, can't take goods etc. It's up to you if you decide to pay or not when CCA not complied with - it can just be used as a negotiation yacyic to get them to agree to your terms... but like you say they will be at the bottom of the heap for F & Fs.

Thanks for trying to click the scales

Hi Duffers Mum ,

Blair Oliver Scott are just the collections/legal department of the HBOS group (Halifax Bank of Scotland, including Halifax, Bank of Scotland, Sainsbury's and AA loans etc.), although they like to 'imply' they're solicitors...

I agree with powelll in that you should contact national debtline and CCCS, here's the links:

National Debtline England & Wales | Contact National Debtline

CCCS - Contact Us

Both are free services/charities, and CCCS will even prepare income and expenditure forms for you to send to your alledged creditor(s). CCCS do have a debt management and payment service aswell but I've not made use of that yet...

Hope this info. helps.

Good luck and best wishes,

BB

Hi BB - The income & Expenditure sheet I sent off was a CCCS one, I didn't want to go down a DMP route as this is hopefully just a short term problem. If Sainsbury's want to play games, well two can play at that can't they Strange that the creditor I thought I'd have the most problem with was Citi Financial and they agreed to reduced payments straight away, they will now get priority when i get sufficient funds to make F&F settlement offers

Thanks for the advice, I'll click your scales!

You're very welcome Duffers Mum

We learn, or have certain info. and pass it on here...

Thanks for your comment

*hugs*

BB

Yes it is very frustrating dealing with these kind of attitudes which in my mind is what it is, the training of people to deal with these situations must be very poor and very biased, I may be wrong but that has been my experience. I too don't want DMP as I am in this situation from allowing another person to run my affairs and that ain't happening again, I am in control. In the beginning I was quite nieve, scared and humble and believed everything that landed on my doormat or who rang me ... until I found this wonderful site !! Since then I have tried to arrange payments and constantly asked for interest to be stopped which has met excuses and brick walls and I am now of the mind they don't care, well now they can pile it up as much as they like, CCAs or lack of them have been a godsend and I am now very much in the driving seat which is tough on them, where they could have been very nice and helpful over the last few months I would have carried on paying them but oh no, so it has to be this way. What is the point of paying less than interest charged, it doesn't reduce the debt or help and probably affects you psychologically I would expect. Ultimately I hope to make reasonable offers on them in the future and sure my credit file suffers but I will not borrow another penny as long as I live and I hope to live here forever anyway.

Hi there, am just about to send off my CCA request to Sainsbury's, anybody have the correct address to send it to? Thanks

Bump. anyone know the address, really want to get this sent off today

Isn't it on the original letter threatening to pass your account to Blair Oliver Scott?

Hi BB, the threat of BO&S was verbal over the telephone, i've had letters from Retail Bank Collections, but that's a different address to where I sent my original letter asking them to accept reduced payments (which was somewhere in Scotland), obviously I don't want to send it to the wrong address and give them extra time to find the agreement

Forgive me for asking but is a DCA involved?

BB, there is no DCA involved at the present time. Sainsburys sent me a letter saying they would not accept reduced payments as I requested, I rang them because I was cross, they stated that in order to stop interest and charges I would need to pay around £75 a month, which I can't afford, I've told them I'll continue to pay the £10 I've offered them, they then advised that after a few months if I continue to pay £10 per month it would be passed over the BO&S, and charges and interest would then be stopped anyway. So at the present time I'm dealing solely with Sainsburys.

If you are in doubt about the address, Duffers Mum, I'd be inclined to send it to their registered office:

Sainsbury's Bank plc

33 Holborn

London

EC1N 2HT

Van

Van - Thanks for that, much appreciated, I'll send it there

Well I sent off the CCA request by Recorded Delivery, but according to Royal Mail tracker its never been signed for and cheque hasn't been cashed, its been over 2 weeks now, I thought it might be down to postal strikes but think its too long now, should I resend the request, possibly to another address?

Hi Duffers Mum, try this one:

Elizabeth Smith

Card Services

Sainsbury's Bank

Pitreavie Business Park

Dunfermiline

Fife KY99 4BS

This is the address that sent me a signed "copy of the credit card application form as requested" er Hello, thats not what I requested!

Miss Muppet - thanks, you're a star!

My pleasure Duffers Mum and thanks for the reputation comment.

Sent off second CCA request and this was delivered yesterday according to the Royal Mail Web site. I take it the 12 days start from then? Anyone know if Sainsbury's usually provide the CCA, I've held this account for many years and I'm hoping they won't be able to trace it, that way I can happily pay them what I've offered without the worry of them being able to do anything else about it! I'll keep you posted, might need advice if they send anything through

Sainsbury's have now sent me a copy applicatio form their letter even stated, "enclosed a photocopy of the application form as requested" hmm I requested the CCA, not the application form. What do I do now? ?The application form clearly states Sainsburys Bank Visa Credit Agreement regulated by the Consumer Credit Act 1974 and has my signature and also Your Right to Cancel - Once you have signed this agreement you will have a short time to cancel etc. Also signature from Sainsbury's bank, no APR or anything else though - advice please

I wrote to Sainsbury's advising account now in dispute as they have not sent the correct document, letter received yesterday thanking me for my complaint and stating it will be answered within 4 weeks as per FSA Guidelines, I did cancel my standing order but think I might reinstate it and continue paying just in case it should go to court, at least they can then see I was making an effort.

Sainsbury's have followed up their above letter with a Default Notice! Admittedly this was dated before their other letter. However i've looked at the application form/agreement they've sent me and I'm wondering now if it is actually the agreement. It states on the top Sainsbury's Bank Visa Card Agreement. Credit Agreement regulated by the CCA 1974, its got my name, address, employer, then it asks if i want to transfer any balances, then it has card care registration and payment protection. Then states Sainsbury's Bank Credit Card Credit Agreement regulated etc etc, followed by Data Protection Deciaton, then my signature, box for additional card colder, then YOUR RIGHT TO CANCEL: Once you have signed the agreement you will have a short time, a right to cancel, exact details of how and when you cand do this will be sent to you by post. Then signature of Sainsburys and date, card number, credit limit, however there are no T&C's and no APR mentioned, so application form or Agreement? Their letter said enclosed is a copy application form.

Today's default notice says they will pass to a DCA, thats ok by me as interest and charges will stop, which is what i requested in the first place. They also state they will register this default after 28 days with the CRA if full payment not made.

Really need some advice here and quickly as I need to respond asap to this.

Thanks

Anyonee??