Wescot/Sainsburys

[tinyones]

Another letter today from them saying that it is being passed to their client

to ask them for their next step as to what to do

(I held off sending the CCA letter) and

 

this is what had arrived today.

 

Says I have 14 days to ring them...

..to arrange a payment plan with them

and the letter they have sent will be used against me?

 

next step advice please?

[fletch70]

Sorry but why did you not send the cca request?

 

Do it now

[tinyones]

I followed advice from above post and didn't post it as I had done so in the past

and received nothing so felt like I was getting no where fast.

 

Shall I send the CCA letter?

 

They have already sent the signed agreement (they claim they have sent me everything they need to supply me with)

 

Above posts advised after seeing the agreement that it hadn't been fulfilled

so I send the CCA and received the same signed agreement as shown then what?

round in the same circle?

Edited January 21, 2014 by tinyones
forgot to add points

[fletch70]

Sorry long thread. If you have sent whoever is dealing with it now a cca request and they haven't complied or the agreement is improperly executed.all you need to do is send them a letter stating that.

 

So either

Further to my letter dated xxxxxx requesting documentation under s78 cca the documents you sent me do not fulfil that request and the agreement is unenforceable under s78(6) or the documents you sent me are not a properly executed agreement and therefore fails under s127(3)

[tinyones]

But I will have to send the CCA to receive the same 'signed agreement' to then be able to send them the above

or can I just send that letter now?

 

I held off actually posting the CCA (CCA sent in past were to previous DCA)

who also went round in circles then passed it on.

 

I have only posted the letter template to prove the debt as I hadn't heard of these people

and the original letter didn't state any accounts etc

just that they were trying to collect the debt.

 

The reply to that letter was the signed agreement.

 

So just wondering do I have to have asked for the CCA before I can write the non compliance? TIA

[dx100uk]

if you have not sent whomever is NOW chasing you a CCA request

 

do it

it wont hurt for the sake of £1 PO.

 

dx

[tinyones]

I shall get on it tomorrow and post it. I had already bought one to post so will get that done and await the reply. Thanks for your help

[tinyones]

Reply today saying they are going to pass on my request to their client. Do I just wait now and see what they send? TIA

[citizenB]

This is a long thread so can you just summarise the situation for us please.

 

When was the account first opened ?

What is the balance outstanding ?

When was the last payment made to the account ?

 

Are there any charges on the account ?

 

Are Wescotts the new owner of the account or are they just acting on behalf of Sainsbury?

[dx100uk]

they still only have 12+2 working days to reply.

 

dx

[fletch70]

they still only have 12+2 working days to reply.

 

dx

 

Yes indeed but we all know many take longer, some an awful lot longer and there is no penalty for being late (apart from not being able to enforce until they do)

[dx100uk]

or demand payment......

 

dx

[tinyones]

Going around in circles. As I had already received the agreement as in previous post I thought they would have sent that again or maybe they are thinking the client is sending something else. Shall I just wait and see what is sent next

[fletch70]

Just wait and see what comes. You are allowed to send more than one CCA request.

I have to say that when I get contacted by a new DCA I just send them a letter telling them that the last DCA?OC are in default of my CCA request and they go away and look for it.

 

Dx

I believe that McGuffick v RBS says that enforcement does not include demanding payment so therefore even if in default of a S77-79 request they can still demand

 

All you have to do is say go away this is unenforceable under S77(4) or S78(6) depending on what the agreement is

[tinyones]

Thanks. I will await and see what they come back with.

[tinyones]

Can someone please advise next step. I have heard nothing since I last posted until this morning I received the same photocopied copy of my agreement which I have previously scanned on here for people to look at and also a big pile of copied statements of my account since opening and what I assume is a copy of the terms and conditions. How do I reply to this and why has it taken 10 months to reply? The letter is from Arrow global

[Conniff]

This is a long thread so can you just summarise the situation for us please.

 

When was the account first opened ?

What is the balance outstanding ?

When was the last payment made to the account ?

 

Are there any charges on the account ?

 

Are Wescotts the new owner of the account or are they just acting on behalf of Sainsbury?

 

Can someone please advise next step. I have heard nothing since I last posted until this morning I received the same photocopied copy of my agreement which I have previously scanned on here for people to look at and also a big pile of copied statements of my account since opening and what I assume is a copy of the terms and conditions. How do I reply to this and why has it taken 10 months to reply? The letter is from Arrow global

 

 

It's a long thread and it's been a long time, I think you should answer the questions set by citizen in the post quoted above ?

[theoldrouge]

as in post #85 with no t&cs, just the app form and statements?

[tinyones]

conniff thanks for your reply

 

 

this dates back to 2003

balance is just under 5k and

last payment 2/09

 

 

Until today I received a letter from Arrow Global which has

 

 

1)Copy of agreement (same copy as I attached previously on this thread that another team/member helped me upload

so not sure where that actually shows up but people had said they could see it (sorry to sound so dumb)

 

 

2) a copy of terms and conditions which are 7 pages long

no signature on

where it asks did I want cover on card or not

and also a whole pile of the originators statements it says which are dated till 09 too.

[tinyones]

Theoldrouge Thanks for your reply yes same as what is in #85 with the addition of the pile of statements and terms and conditions that I wouldn't know if they were them or not last page of t&c has a date t53r 01/10/08 I just don't know what to respond with now as I had nothing for so long and it had been passed on

[theoldrouge]

can you please repost the ag with all the t&cs you were sent (not the statements for now)

[theoldrouge]

no payment or acknowledgement since 02/09?

[tinyones]

Sorry what is AG? I will try and scan and send onto here (if I can work out how to do it)

and no the last payment on the statements goes back to 02/09 and I have since just had letters from various Debt agencies since (I couldn't afford to pay when husband left and I had the kids)

[theoldrouge]

ag , agreement , so nearing statute barred then

[tinyones]

ag , agreement , so nearing statute barred then

 

Yes as far as I understand advice to be from previous posts on here I just don't know what to reply with as this has taken ten months to hear anything