Sainsbury's Credit Card now with DCA

[jackospades]

In 2002 applied for their credit card.

This arrived adhered to a card with some info on Credit charges, limits, repayments etc..it didn't have any signatures on it.

 

they gave me a limit of £3000 but by 2006 I was struggling to pay a new credit limit of £6,950.

 

I wrote and they offered a maximum 6 months of £1 p/m and no fees/interest charged,

this was extended a further 6 months to November 2007.

 

Then they added interest again, and fees of £12.

 

In january 2008 they agreed to me paying £1 p/m for 3 months with a possible additional 3 months after a review.

However they continued to charge interest, late payment fees (even though I wasn't late) and over limit fees.

I wrote and protested but they defaulted me in May 2008 leaving me owing £8,130 due to interest charges and fees.

 

Next I get a letter from Blair, Oliver and Scott acting as agents, and they accept my £1 p/m payments with no further charges.

 

Then in 2010 I get a demand and threat of court action from DLC (Hillesden Securites)...

but after a few torrid months I get them to agree a nominal £1 p/m due to my circumstances (over 60 and on benefits).

I send them I/E statements every 6 months under the threat of court/bailiffs etc.

 

Having looked through this wonderful site I wrote to DLC and asked them to confirm their legal rights to pursue the debt, not a CCA just an enquiry.

No reply.

 

So, now I am going to send a CCA. I have also sent a CCA to Blair, Oliver and Scott and Sainsbury's...all recorded delivery.

 

While I was at it, I decided to write the OC about the charges, but they replied about them being fair at £12..

.missing my point about the fact thye shouldn't have been charged anyway.

 

So I've written again asking for all the late fees, over limit fees and interest after they agreed the £1 p/m to be refunded,

am awaiting their reply to that. This will put the account with the OC in Dispute.

 

Meanwhile, I will be giving DLC 14 days to respond to my formal CCA request.

 

So that,s the long winded background.

 

Where I go after DLC write back I have no idea, so any advice whatsoever would be wonderful.

 

I have no chance ever of paying this £8000 off and will have it round my neck until I die.

 

I am hoping that if DLC have paid a nominal sum, or not bought the 'rights and duties' there might be scope to come to a deal with them.

 

Thank you for reading this, I might sound knowledgeable, but believe me..I am not really...

[dx100uk]

if you've not got all the statements sar the OC and get them.

 

then get reclaiming those PENALTY charges properly.

 

by spreadsheet and complaint letter from the library.

 

dx

[Bandit127]

In a similar situation with a similar DCA. CCA request sent late June. They have returned a poor attempt at a CCA and no Statement of Account.

 

I also asked them for a copy of the Notice of Assignment (they do own mine). They failed on that too.

 

Since I can't check that the amount they are requesting is correct, nor their legal right to collect it I have placed the account in dispute. I reminded them that further collection activity is against OFT rules while the account is in dispute.

 

The account in dispute letter was sent at the beginning of August. Not heard anything since.

[jackospades]

I guess I will follow that route if it happens to me.

 

The fact they have gone quiet and not conformed to your legal rights under the CCA request is good news.

 

It sits in default and they can not do anything,

they can not pass it on,

default your credit file or take you to court..

you needn't pay anything while the ball is sat fairly in their court.

..sit tight I would say..

.is that your plan ?

[jackospades]

if you've not got all the statements sar the OC and get them.

 

then get reclaiming those PENALTY charges properly.

 

by spreadsheet and complaint letter from the library.

 

dx

 

Hi thanks for that.

yes I do have ALL my statements and have submitted a spreadsheet with the details and the 8% interest I am allowed to claim.

 

that was sent to the OC a second time last week, recorded delivery..

.this should end up with it in Dispute..or maybe they will pay me ?

 

If the DCA try to enforce the claim they will not be able to while it is in Dispute with the OC.

well, that's the back up plan ...

[Bandit127]

I guess I will follow that route if it happens to me. The fact they have gone quiet and not conformed to your legal rights under the CCA request is good news. It sits in default and they can not do anything, they can not pass it on, default your credit file or take you to court.. you needn't pay anything while the ball is sat fairly in their court...sit tight I would say...is that your plan ?

That is the theory but I am not expecting it to be the practice.

 

Different people seem to have difference experiences. Some DCAs stop collecting as soon as a CCA request goes in. Mine didn't. Some DCAs will sell or send a debt in dispute to another DCA.

 

My DCA owns my debt, but those that are acting as agents often send the debt back to the OC at this stage.

 

I have cancelled the DD for this month so I don't know if they would have attempted taking payment. However, I will sure as hell know by this time next week if "all recovery activity" has actually ceased...

[jackospades]

I've just found out that a default on my CRA report is dated 2008 under Hillesden Securities, who acquired the debt from OC, Sainsbury's. The OC don't have an entry so obviously they've done the right thing by note having it on twice...but

 

The DN from the OC was also dated 2008, but I had a letter from the OC in 2006 when they agreed reduced payments and said they will be putting a default on my CRA file while the account remains in arrears, as it was and has been ever since.

 

This tells me the OC placed a default on my CRA file in 2006, but when they did the DN under CCA and sold it to Hillesden in 2008, they deleted the CRA entry and Hillesden entered it under their own name when they acquired it using the date of the DN, being 2008

 

Is this right ? Can a DCA change a default date on the CRA. or does it have to be the original default date all the time ? Obviously the 6 years is nearly up if the true date is 2006.

[renegadeimp]

Once a default date has been entered, it cannot be changed. You can only default on a debt once. A lot of DCA's seem to be adding their own defaults lately. Perhaps give brig a PM or flag the thread for admin attention. There are a few admins that love to write specific letters to bring DCA's in line with the law.

[jackospades]

Once a default date has been entered, it cannot be changed. You can only default on a debt once. A lot of DCA's seem to be adding their own defaults lately. Perhaps give brig a PM or flag the thread for admin attention. There are a few admins that love to write specific letters to bring DCA's in line with the law.

 

Thanks, I've sent a CCA request anyway so maybe it will highlight what the date was when I get that back, otherwise I'll have to ask the OC specifically a or do a CPUTR request on them...

 

How do I flag the thread ??

[renegadeimp]

CCA just asks for the creditor to show they have a right to collect, by supplying the agreement with the terms and conditions etc. It has nowhere near the power it used to.

 

The best way to find out about the default is to SAR the OC. If the info comes back stating that a default was indeed added, then thats the default that stands. The only thing a new owner of the debt can do is update the owners name. Thats it. They cant change the date of default.

 

To flag the thread, just click the little black triangle at the bottom left of the post in question and ask an admin if they can step in and advise when they get a sec.

[jackospades]

I want to write to my OC to remind them that the default on my credit file is due to reach it's 6 year anniversary next month.

 

Is there any wording or any legislation I could quote in my letter, to make it sound like I know what I'm on about ?

 

Or should I just leave it and if they fail to remove it I might be able to use that failure at a future date , perhaps in negotiations or something ?

[renegadeimp]

You dont need to remind them. it should fall off automatically. Wait till the date has passed and then contact the credit agency to update their files. Theres no need to inform the OC unless they re-add it, or try and change the default date.

[jackospades]

You dont need to remind them. it should fall off automatically. Wait till the date has passed and then contact the credit agency to update their files. Theres no need to inform the OC unless they re-add it, or try and change the default date.

 

Thanks, I'll sit tight for a while...one less job to do !

[BRIGADIER2JCS]

Normally a default is removed over night on the 6th anniversary, but depending what day it falls on there can be a 2-3 day delay.

[jackospades]

Normally a default is removed over night on the 6th anniversary, but depending what day it falls on there can be a 2-3 day delay.

 

Thank you Brigadier. I'll sit tight and wait. Do I have to buy all the main CRA's reports to ensure it has been removed, or would I safely assume if it has gone off one, then it has gone off any others . ? The last I bought was just Equifax, but I guess it could/would be on all of them..

[BRIGADIER2JCS]

Equifax and Experian are normally on time but I have found Noddle/Callcredit are not so reliable.