stuffthebanks' UE diary

[Dottir]

If I am correct they also need to send a statement of account which is just the balance but crucially any varied terms as at the date of default. Now I don’t know when you defaulted but look at the default charges for missed payments etc. These were changed to £12 at some point. Maybe 2006

[Still Waving]

If this is running-account credit (ie a credit card) the creditor is also obliged to send statements of account annually.

With regard to the CCA74 request, a couple of extracts from https://www.legislation.gov.uk/ukpga/1974/39/section/78

"78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor."

and

"6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement; "

[stuffthebanks]

Cheers SW, Dottir,
Appreciate your feedback.

• Original Creditor: Sainsbury’s Bank PLC

• Original Creditor Reference: 51************
• Date of account opening: 16/03/2004
• Date of default: 27/05/2008
• Default balance: £4,940.00
• Pre-Instruction Last Payment Amount: £25.00

You have been making regular payments since 16 of March 2013 of £10.00 per month.
That info was provided by email from the solicitors acting on behalf of the debt owner.
The CCA provided by email as copies of original.
So I am guessing this satisfies what is required.
Think I have to bite the bullet on this one.
I am still waiting a further 5 requests for CCA on other old debts.
If anyone is around I may ask for advice if they do send anything.
All requests outstanding have been a month with nothing returned as yet.

Cheers again,
Good to know the forum still has some good people on here.

[Still Waving]

Cheers SW, Dottir,
Appreciate your feedback.

• Original Creditor: Sainsbury’s Bank PLC

• Original Creditor Reference: 51************
• Date of account opening: 16/03/2004
• Date of default: 27/05/2008
• Default balance: £4,940.00
• Pre-Instruction Last Payment Amount: £25.00

I've scanned through the first 6 pages of this diary, and can't see this Sainsbury Bank account listed.

I don't understand what you mean by "Pre-Instruction Last Payment Amount: £25.00". What instruction are you referring to?

[stuffthebanks]

Hello SW,
no diary for this account because I knew it was enforceable back in 2008.
I haven't kept all of the paperwork from back then, just the original CCA.
I have no idea what the pre instruction payment amount of £25.00 refers to.
That was what the solicitor sent by email prior to me receiving the CCA.
Apologies if that sounds vague.

[Dottir]

Cheers SW, Dottir,
Appreciate your feedback.

• Original Creditor: Sainsbury’s Bank PLC

• Original Creditor Reference: 51************
• Date of account opening: 16/03/2004
• Date of default: 27/05/2008
• Default balance: £4,940.00
• Pre-Instruction Last Payment Amount: £25.00

You have been making regular payments since 16 of March 2013 of £10.00 per month.
That info was provided by email from the solicitors acting on behalf of the debt owner.
The CCA provided by email as copies of original.
So I am guessing this satisfies what is required.
Think I have to bite the bullet on this one.
I am still waiting a further 5 requests for CCA on other old debts.
If anyone is around I may ask for advice if they do send anything.
All requests outstanding have been a month with nothing returned as yet.

Cheers again,
Good to know the forum still has some good people on here.

Can you clarify

is this a credit card or a loan?

It could make a huge difference.

[Roger]

Hello SW,
no diary for this account because I knew it was enforceable back in 2008.
I haven't kept all of the paperwork from back then, just the original CCA.
I have no idea what the pre instruction payment amount of £25.00 refers to.
That was what the solicitor sent by email prior to me receiving the CCA.
Apologies if that sounds vague.

Ok is this still with Sainsbury's?
I ask because I had a Sainsbury Credit Card April 2005
Arrow brought the Debt !
OK in my case
".. Arrangement was with Sainsbury’s Bank and their agent Blair, Oliver and Scott Ltd
Sainsbury July 2012 “..This arrangement must be strictly adhered to. Failure to do so may result in further recovery action or a Default Notice being issued under the terms of the Consumer Credit Act 1974..” The arrangement was adhered to and DN was never issued.
Sainsbury ".. the Agreement was terminated on 16th August 2012.."

Now you can raise more than one CCA request irrespective of what you may or may not have been sent before.
By this time the Debt should nolonger be appearing on your credit reports so frankly whatever you do or don't do isn't going to impact on your credit rating.
I should send by Recorded delivery a request for CCA and stop payments! Because whilst a CCA is outstanding the Debt is UE.

[stuffthebanks]

Can you clarify

is this a credit card or a loan?

It could make a huge difference.

Hello Dottir,
it was a credit card.

[stuffthebanks]

Ok is this still with Sainsbury's?
I ask because I had a Sainsbury Credit Card April 2005
Arrow brought the Debt !
OK in my case
".. Arrangement was with Sainsbury’s Bank and their agent Blair, Oliver and Scott Ltd
Sainsbury July 2012 “..This arrangement must be strictly adhered to. Failure to do so may result in further recovery action or a Default Notice being issued under the terms of the Consumer Credit Act 1974..” The arrangement was adhered to and DN was never issued.
Sainsbury ".. the Agreement was terminated on 16th August 2012.."

Now you can raise more than one CCA request irrespective of what you may or may not have been sent before.
By this time the Debt should nolonger be appearing on your credit reports so frankly whatever you do or don't do isn't going to impact on your credit rating.
I should send by Recorded delivery a request for CCA and stop payments! Because whilst a CCA is outstanding the Debt is UE.

Hello Roger,
I have the original CCA from Sainsbury's, I got that when I originally took out the credit card and kept this.
I recently requested a CCA from the current owner of the debt, they sent a copy that is identical to the original.
I could stop paying but that would leave me open to court and ccj.

Thanks for the feedback.

[Roger]

Hello Roger,
I have the original CCA from Sainsbury's, I got that when I originally took out the credit card and kept this.
I recently requested a CCA from the current owner of the debt, they sent a copy that is identical to the original.
I could stop paying but that would leave me open to court and ccj.

Thanks for the feedback.

Have you forwarded the CCA onto Niddy? Always wise because in one of my own Cases the wrong CCA format for the year of issue was used! A great many changes happened in early 2000. Send what they have sent you to Niddy! I would also consider sending a DSAR to Sainsbury's to see what they are holding! In my own Case they closed the account and sold it without issuing a Default Notice!

Prudence is in following this advice! CCA copy to Niddy (that they have sent you) and a DSAR because by your own admission you don't have paper work. Is this still with Sainsbury's?

Much later looking back at my debts I realised each one was Defective! Don't presume find out!

[stuffthebanks]

Cheers Roger,
great advice.
I will send on to Niddy, see what he thinks,as for Sainsbury's, they sold the debt on about 10 years ago.

Thanks again

[stuffthebanks]

Morning Roger,
ITs been a while since I sent any documents to Niddy, can you remind me where I access the place to send.
Many thanks

[Still Waving]

Morning Roger,
ITs been a while since I sent any documents to Niddy, can you remind me where I access the place to send.
Many thanks

Send to webmaster@all-about-debt.co.uk

[stuffthebanks]

Cheers Wavy
Much appreciated ?

[Dottir]

It would be great if you could let us know the outcome. What does he think?