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Sainsbury's loan/No Statements


miss muppet
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Hi all, Could do with some help if you would.

 

Story so far, OH has been paying alleged loan thro payments arranged thro CCCS to BOS for around 18 months, has never had statement during that time or throughout entire alleged Sainsbury's loan since 2004. CCA'd and Sainsburys came up with agreement which Peter thought to be enforceable but with his advice sent the attached letter to Sainsbury's with the reply received to-day. Any advice or help in writing further stern letter since I feel they are talking bowlarks or hope so anyway:mad: Sainsburysnostatements.jpg

Sainsburysloan-1.jpg

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Sorry I don't see your point?

 

They are quite right that they need to provide a statement of account (as is stated in the 1974 Act) and the introduction of elements of 2006 Act are staggered over the coming year.

 

You didn't need to enclose a £10 fee for a statement of account as it is free. A £10 fee is however required for a SAR. Are you confusing the two?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Rory, soz for not making myself clear! The question I asked Peter was even though the agreement is allegedly enforceable, surely it cannot be right that OH has never had any statements regarding the state of the alleged loan, he had been paying 2 years before it was passed to BOS because he could no longer continue at same rate and never had a statement then or during the 18 months payments.

Peter Bard advised me that Section 6 inserts a new section 77A after section 77 of the 1974 Act which deals with the creditor's duty to give information to the debtor under a fixed sum agreement. Section 77A says that the creditor must issue a statement at least once a year for fixed sum credit agreements which last for one year or more. This will also apply where the original agreement was for under a year, but for whatever reason has continued for over a year. This provision will also apply to existing agreements that continue in existence when the regulations come into force. etc. Each statement should cover a period no longer than one year and should be sent out within a month of the end of the statement period. If the creditor does not comply with this, the agreement is unenforceable within the period of non compliance see CCA 2006 for details. So is it right then that this does not come into existence until 2008 and therefore does not cover OH's situation?

We did ask for SAR as there are charges on the account as well.

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So is it right then that this does not come into existence until 2008 and therefore does not cover OH's situation?

To be honest I am not entirely sure if this has come into effect yet or not as the changes to the Act are being staggered. I think the best way to find out would be to ask the OFT.

 

Probably easiest to e-mail them at mailto:[email protected] unless you have a contact name.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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