HiJust a queryI have a loan with sainsburys who i am now in differculty with (ONE OF MANY) I have sent numerous letters with offers of a reduced payment also many phone calls but they are refusing to help in any way.I am now ignoring thier calls which they are still making after i sent them the letter of harrassment found on your site.I have continued to make the offered payment but have now received a card this morning telling me they are sending a representitive to my home on 23/02/09 with a telephone number to call if this is inconvenient are they allowed to do this as i have told them i will only discuss anything in writing. Also this loan was taken out in April 2005 via an internet application so is it worth my while sending for a cca?. (Keep up the great advice you all give this site is a godsend)

It's always worth asking for a copy of the agreement - although with it being fairly recent it's more likely that everything will be in order.

I would send them the following via recorded delivery. Send it with a one pound postal order and do not sign the letter.

Dear Sir,

 

I am responding to the postcard that has been sent to my address.

 

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

 

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of the credit agreement should be received within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

Hithanks for your advice i will send that off asap i don,t dispute that i owe the money but you would think in the current climate they would be glad to receive any reasonable offer made Once again thanks!