Sainsbury CCA - can someone have a look at it?

[skint40]

I received a copy of my CCA from Sainsbury as requested. There is a letter stating my balance, the current interest rates, etc along with a copy of my CCA and three different copies of a Credit Agreement - conditions of use (one with my old address on it which is the address I had when I took out the card, and two with my new address on it). They all have different APR rates on them. The CCA was only one page and the other three documents are just a print off from a computer with my different addresses on it (there are 18 pages in total - too many to put on here).

 

Can someone have a look at the CCA for me and let me know if it is okay?

 

[clemma]

That's just an application form with no reference to any of the prescribed terms......unenforceable in my opinion.

 

Send them this letter

 

DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement 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 therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

[skint40]

Thank you for such a quick response. I find this whole process mind boggling but this forum is great for answering all the questions I have .

[cosalt]

mmmm..... it does refer in several places about conditions 'as overleaf' Do you have a copy of these?

 

If so post them up.

 

If they are I think we are back to the 'four corners' argument. My opinion is that four corners means one side... if you have to turn the page over you are leaving the four corners to view another page.

 

It all hinges on the terms being correct, and some connection to them being on the back ( which to be fair it does say) And then the judges interpretaion of four corners.

 

I am going to look into the meaning of 'four corners' because a lot of peoples agreements being wrong depend on this (mine included)

 

Cosalt

[clemma]

Sorry, missed that part......

[skint40]

Hi Cosalt

 

Thanks for your reply.

 

There is nothing printed on the back of the CCA but I do have 18 pages attached to it! They are a computer print out made up of 3 different agreements - headed Credit Agreement Regulated by the Consumer Credit Act 1974 - this is a copy of your agreement for your to keep. It includes a notice about your cancellation rights which you should read. All have the same heading but only one has the correct address on it. All have different APR's on them.

 

I can post one of the copies on if you wish but it is 6 pages.

[the_shadow]

errrrrr..... there is one prescribed term on there... the credit limit.. just underneath Part 3 labelled 1.

 

Doesnt alter fact they need to show what the "terms" were on the other side.

 

PmW

[skint40]

So do I now send off a letter like the one clemma mentioned above?

[the_shadow]

So do I now send off a letter like the one clemma mentioned above?

 

Yep, doesnt alter the fact they've given you one side with a single prescribed term, they need to supply what was on the back too.

 

PmW

[charlie*]

There is a signature at the top of the application form and to the left of it you can see the date stamp... 19.05.04

 

If you now look to the bottom of the form, left hand side down a bit (as John Pertwee used to say in the Navy Lark) you will see another company signature but this one is date stamped May 06.

 

Well, I wonder what this tells us?

 

If you look down at 5 o'clock to the '6' in that date stamp, you will see a reference.. "CR60459 - Nov 03"

 

I have the identical number, like this "CR60459(back) July 04" and it is perfectly legible if you would like to see it? Can't do it 'til my lad is here tomorrow.

 

This is one that is giving me a headache... it obviously implies it's on the back of the signature paper, but, does 4 corners mean 2 sides of the same sheet or just the one?

 

charlie*

Edited April 3, 2009 by charlie*

[skint40]

Following on from previous posts, I sent a SAR to Sainsbury and have had the following documents:

 

1) to say they were dealing with the DSAR

2) that they had already sent the paperwork

3) Envelope with Credit Card Agreement and statements

 

My question is:

 

this time they have sent two pages for the Credit Card Agreement. When I had posted it on before there was some question as it being unenforceable but now I'm not so sure as they have now sent a back page.

 

Would really appreciate some advice as to whether it is enforceable and what to do next.

 

Many thanks

 

 

 

 

 

 

 

[charlie*]

bump