Sainsburys (BOS) CCA received!

[sharmar]

I have previously posted about this CCA request on the Bank of Scotland thread, but as I am also CCA'ing BOS on another card, thought it best to separate them at this stage in case of confusion.

 

This is a link to my previous posts, if anyone wants to do catch-up:-

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/197934-2-cca-requests-bos.html

 

 

Anyway, the upshot is I have just received a copy of a Credit Agreement from my CCA request and also from my Subject Access Request.

 

It can be viewed at the following link:-

http://i566.photobucket.com/albums/ss106/39belfry/SainsburysBankagreementcopyreceived.jpg

 

I think it may be unenforceable but would appreciate the greater brains around here having a look over it. The reverse is blank and this is all I have received, I cant see any prescribed terms anywhere within the documentation received.

 

I received the exact same document copy from the SAR along with just communication log print offs and account summaries etc

 

All advice and thoughts are much appreciated.

[MRS_P]

Yeah your right does not show any prescribed terms so would be unenforceable, I am a novice at this so please treat this advice as such.

 

I can't make out all the text but are there any references to T&C anywhere, either overleaf or on another document? Are there any references that the document you have maybe page 1 of such as such etc

 

I picked up from another thread that the agreement you posted up looks like it may well have been printed from microfice. I say this due to the black background unless thats from your scanner. In fact my agreements are the same (from HBOS who are part of the same group as BOS) Looks like the document was scanned into the system and the copies we are getting are the printouts from the system. This possibly could mean they MAY not have the original but who knows for sure.

 

Regards

Mrs_P

Edited August 5, 2009 by MRS_P
just added a lil more

[sharmar]

On very close examination of the agreement section on the form,I can just barely see mention of 'Conditions of Use(as set out overleaf and as amended from time to time)'! The rest is mostly illegible!

 

However,there was no copy of anything overleaf from either the SAR or the CCA request.

 

Not sure where this leaves me now!

 

Any advice on how to proceed greatly appreciated!???

[silverfox1961]

Hi,

As I see it, they haven't supplied the reverse of the agreement so as it stands, IMO, it's unenforceable.

 

What I think has happened is that they have scanned your agreement into a computer and not done the back.

If this went to court, they would have to produce the original to prove that the terms were on the back but if they have scanned the agreement and binned the original, they are in trouble.

 

I suggest an A/C in dispute letter. Have a look here:

 

The Consumer Forums - Debt collectors

 

Letter 9 OR

 

This one:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

fox

[sharmar]

Hi,

As I see it, they haven't supplied the reverse of the agreement so as it stands, IMO, it's unenforceable.

 

What I think has happened is that they have scanned your agreement into a computer and not done the back.

If this went to court, they would have to produce the original to prove that the terms were on the back but if they have scanned the agreement and binned the original, they are in trouble.

 

I suggest an A/C in dispute letter. Have a look here:

 

The Consumer Forums - Debt collectors

 

Letter 9 OR

 

This one:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

fox

 

 

Thanks Silverfox - just a quick question - I already put the account in dispute in May, prior to receiving CCA and SAR - should I now send a further A/C in dispute letter or is there another letter/next step I should be using at this stage - trying to get my head round the legal steps now involved - cheers. Sharmar.

[silverfox1961]

Thanks Silverfox - just a quick question - I already put the account in dispute in May, prior to receiving CCA and SAR - should I now send a further A/C in dispute letter or is there another letter/next step I should be using at this stage - trying to get my head round the legal steps now involved - cheers. Sharmar.

 

 

As you have already put the account into dispute, there is not much more you can do apart from complain to them, the OFT, Trading Standards. You could always write to your MP as well.

 

Chances are they will flog your debt on but you will be able to handle that when it happens.

 

Your credit file will be stuffed.

 

You could always offer them a Full & Final settlement if you can afford it.

[sharmar]

.Your credit file will be stuffed.

 

lol - don't I know it - forever I reckon!

 

F&F not possible at the mo as got a few cards on the go:) Was thinking of the CPR route - what do you think of that?

[sharmar]

Could someone have a look at the Default Notice I received from Sainsburys!

 

It's dated the 7th July and gives me until the 21st July to pay the arrears.

 

I kept the envelope and there is no date stamp! So i'm assuming I should allow 4 days for 2nd class business post!

 

On the 2nd page (3rd paragragh) it says within 28 days of the date of this letter!

Does the 28 days have any significance legally as I'm hoping this is a defective DN!

 

http://i566.photobucket.com/albums/ss106/39belfry/SainsburysBankDefaultNoticePg1.jpg

 

http://i566.photobucket.com/albums/ss106/39belfry/Sainsburysbankdefaultnoticepg2.jpg

 

All opinions welcome!

 

Thanks,Sharmar.

[silverfox1961]

Hi,

The default notice is flawed. They have not allowed time for delivery si in my opinion, it is a duff DN. Don't tell them that though. Let them terminate your account then as you have a duff DN the termination is then flawed meaning (i think) that they can only then claim for the dafault amount and not the full balance

[sharmar]

That's good news!

 

Thankyou so much Silverfox for your advice and help as always!