Sainsbury Bank Loan - Default Information

[powerful_rogue]

Well before I send my DPA request off the Sainsbury, i thought id follow the technique HERE in relation to getting information to my default.

 

I cannot honestly remember receiving a default notice, I may have done - but not to the best of my knowledge. I lived at a different address for six months, so whether it was sent there after I moved I dont know.

 

I phoned Sainsbury up today to change my address and get my account number. I must admit they were very helpful.

 

Letter all ready to be posted tomorrow morning.

 

Sainsbury’s Bank

Premier House

City Road

Cheshire

CH99 3AN

 

123 My Road

My Town

My County

AB1 2AB

 

Date: 21st June 2006

Account number - 123456789

 

 

Dear Sir or Madam

 

After recently obtaining a copy of my credit file from all three credit report agencies, I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) (for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1234 4578.

 

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 12 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

I contacted your customer service department on the 20th June 2006 to reflect my new address. My previous address was 12, Old Street, Old Town, Old County, CD2 2CD. To confirm my identity incase your system has not been updated, my date of birth is 1st January 1900 and the loan was for £3000 with monthly repayments of £170.

 

Yours faithfully

 

I will keep you all updated with any progress.

[powerful_rogue]

Well the twelve days is well and truly up now. Going to send a letter to call credit stating that the default is in dispute and then send a second letter to sainsbury.

[ncf355]

Hi,

 

do I understand correctly that you have a current debt to Sainsbury (via a DCA) that this default applies to?

 

And if so, will a success here mean that both the debt and the default record are written off?

 

 

All the best

 

ncf355

[powerful_rogue]

Hiya,

 

Ive no longer got a debt with Sainsbury. I finished paying the debt off last year. Just in the process of getting the default removed now.

[ncf355]

Aha!

 

OK, Thanks PR

[powerful_rogue]

Right,

 

Well I received no reply from Sainsbury, So sent a letter to Callcredit along with a copy of the letter I posted to Sainsbury and also a copy of my credit file.

 

Chased Call Credit up a few times and was advised that they have 28 days to look into a dispute. The left it to the 26th day before they even looked at it!

 

I then received a letter from Callcredit stating that they dont hold any information supplied by Sainsbury.

I tried to explain that I sent them a copy of my credit report confirming they did hold details but they were having none of it!

 

Got in touch with checkmyfile.com who I purchased the report from, and they are going to deal direct with callcredit to resolve the issue.

 

What a waste of space callcredit are.

 

Will keep you all updated!

[powerful_rogue]

Received letter from HBOS today.

 

Dear Mr Rogue,

 

Thank you for your letter dated 22nd June regarding the above account. Please accpet my apologies for the delay in replying to you.

 

With regards to your request I would comment as follows:

 

Please find enclosed a copy of the original credit agreement as requested.

 

We do not retain copies of individual default noticies. This does not affect the validity of the default that we recorded on your credit reference file as being in default of the terms and conditions of agreement. In doing so we have complied with the banking Code and guidance provided by the Information Commissioners Office on the filing of the defualt notices. This was recorded when your account was transferred to our Legal Recoveries Deoartment in May 2002.

 

The account was not sold onto any other company, the final payment was received in August 2005 and I can confimm that the account is now closed.

 

I hope that this explanation finally clarifies the matter, as the default notice will not be removed until the relevant six years from the date of default.

 

 

Yours Sincerly

 

Team Manager

 

So its taken almost two months to reply!

 

Is this right, they dont have to keep a copy of the default notice?

Any advice on what steps to take next, or should it just be left.

 

Many thanks

[ncf355]

Doesnt sound right to me, I thought under CCA 1974 they had to supply a true signed copy of the default notice ?

 

Anyone?

[powerful_rogue]

Hi all,

 

Its been a long time, quite a bit going on in life, but now going to start chasing this up.

 

Can anyone confirm as per the letter from Sainsburys that they do not have to keep a copy of the default notice?

[ecobabe]

i don't think that they necessarily need to, it doesn't stipulate it in the CCA. they need to have a copy of what it would have looked like and some sort of proof that it was sent, receipt of postage or a computer printout showing that it was produced. that was happened to me. i was sent an example of the notice I would have been sent and a computer printout with a "history" of my account and it shows it (default notice) was generated on a certain date. since in civil law it only has to be proved beyond reasonable doubt, i left it at that. they don't need to prove that you actually got it

[powerful_rogue]

Even though the defaults due to drop off in April 2008, Im going to send Surlybonds letter and see if I can get it removed early! Worth a shot!

[powerful_rogue]

I havent received a reply from Surlybonds letter yet. Depending on what that says I think i'll pick up on something they said on their last letter.

 

We do not retain copies of individual default noticies. This does not affect the validity of the default that we recorded on your credit reference file as being in default of the terms and conditions of agreement

 

Firstly, if they dont retain a copy of the default notice how am I to ensure it complied with s88 CCA. Also I would have thought this would have been an important document as its what allows them to place the default on my credi file.

 

They also state that it can be recorded because I was in default of the terms and conditions of the agreement. That agreement has now been paid in full, and as such the agreement has now finished.

 

Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease

 

S10 DPA - The contract is now over, the account is now out of default - I would class that as a reasonable time to cease processing the information.