Hello! I've just discovered this site and so here goes.....

[nightwatch]

Although maybe asking the debt owner for written confirmation of the reason for cashing the cheque could be seen as acknowledging the debt for Statute Barred purposes.

The AAD s77-79 CCA Request template letter makes it clear what the funds (£1) are for so it doesn't really matter what they do with the cheque.

Di

They didn't use the AAD template DI,
they used the one in #19.

It doesn't state that they can only use it for the CCA request.

[Joanna Connolly Solicitors]

those that have cashed cheque without acknowledging you really need to get some form of written confirmation that they have cashed cheque and it was for the purpose of a sec77-79 request. Otherwise it is possible that they will say the payment was towards the account and thus reset the 6 year SB period.

Although maybe asking the debt owner for written confirmation of the reason for cashing the cheque could be seen as acknowledging the debt for Statute Barred purposes.

The AAD s77-79 CCA Request template letter makes it clear what the funds (£1) are for so it doesn't really matter what they do with the cheque.

Di

[nightwatch]

As Timewilltell says there is no harm in resending, but hold off for now while we see if anything comes back from them, plenty of time to get things sorted.
a lot of company's are not signing for post at the moment, so proof of posting, which is free is also a good option.

[Timewilltell]

No harm in resending them with a signed for delivery, keep receipt and complete signed for details from Royal Mail track and trace records.
those that have replied keep their correspondence to confirm. Those that have cashed cheque without acknowledging you really need to get some form of written confirmation that they have cashed cheque and it was for the purpose of a sec77-79 request. Otherwise it is possible that they will say the payment was towards the account and thus reset the 6 year SB period.

[wineaddict2020]

I think it's unlikely your Halifax credit card was originally MBNA.

Wait to see what credit agreement Halifax come up with (if any since this was from 1999) in response to your s77-79 CCA Request which you sent on 17th June so the debt should be unenforceable until or unless they do comply.

Di

It may have been marbles?? Anyhow, it definitely didn't start out as Halifax.

So, I didn't send any of my CCA requests recorded delivery or even get proof of postage as i didn't realise and did it before i found thie forum. Most have either acknledged or cashed the cheque sent. But the three halifax accounts have all not responded and not cashed the cheques. Should i send again recorded delivery so i have proof of sending them?

[Joanna Connolly Solicitors]

Halifax
(Think this was originally MBNA)

• Credit Card
• Opened June 1999
• Approx balance - £15,223.54
• Date last monthly payment paid in Full - May 2019 - DMP payments of £26 per month from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - Default July 2019
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Halifax

17th June 2020 - sent CCA request - no response yet, was not sent recorded as hadn't found this site at the time!

I think it's unlikely your Halifax credit card was originally MBNA.

Wait to see what credit agreement Halifax come up with (if any since this was from 1999) in response to your s77-79 CCA Request which you sent on 17th June so the debt should be unenforceable until or unless they do comply.

Di

[Joanna Connolly Solicitors]

Di, who also has the bafta. Gosh if i could get the TV deal

Now there's an idea

Di

[nightwatch]

ok, no problem,
worded a wee bit different to the ones we use, so they just may be playing silly b's, Ignore the ones that want security for now, we can deal with them later,
let's see what Niddy says about the one you have got.

no rush, enjoy your weekend

NW

[wineaddict2020]

It was exactly that, yes!!

[nightwatch]

was it like this?


Dear Sir/Madam


Account No:

Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added.

I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.


I look forward to hearing from you.

Yours faithfully

[wineaddict2020]

Hi,

I will send to Niddy!

I didn’t use CCA templates on this site as hadn’t discovered it at that point! I used the template from national debt advice website, sent them all normal 2nd class post and enclosed cheque for £1 with each one.

[nightwatch]

Hi, any CCA's received should be sent to. webmaster@all-about-debt.co.uk

don't cross anything out as only Niddy sees them, if you can put a link to this thread and your user name.

I have no idea what is going on with the ones that want you to clear security before complying with your request, it could just be in house rules but the letter should say that.
I also have never heard of needing to send a valid letter of authority. not sure I know what one is,
Did you use the CCA template from this site to make your request?

[nightwatch]

Hi thank you so much for starting a Diary.
if you look at my diary, you will seee you are lookink to big up.

we don't judge, we have all been there, done the tour, and have the T-shirt, I HAVE THE BOOK DEAL. After Di, who also has the bafta. Gosh if i could get the TV deal I would be winning.
bit late for me, strange considering my nome de plume, but age and meds dictate brain activity, will check in again later and comment,
NW xx

[wineaddict2020]

That's all folks!! (clearly more than enough!!)

[wineaddict2020]

Sainsbury's

• Credit Card
• Opened August 2013
• Approx balance - £4,500
• Date last monthly payment paid in Full - March 2019 - DMP payments from Nov 2019 - June 2020
• Are you on arrangement or not paying - on DMP with Pay Plan up until now but just cancelled
• Status (default/in arrears/up-to-date) - No default listed yet despite over 12 months of no full monthly payments!!! They said they can default at my request - this worries me as only one not recorded a default!!!
• Account owner (who is writing to you, a DCA or the lender or a debt purchaser) - Sainsbury's Bank

17th June 2020 - sent CCA request
25th June 2020 - letter recieved saying before they can action my request they need to speak to me for security puposes. I haven't responded, not sure if i should?


13th August 2020 - letter received - notice of sum in arrears, accompanied by FCA Arrears information sheet. Says I’ve failed to pay the minimum monthly payment for last two months. Bit odd as I haven’t paid the contractual payment since March 2019! It says I’ve missed July and August 2020 but in July they had still received my DMP payment. They are also showing the £1.00 cheque I sent to accompany CCA request as a payment to my account? That was June. Seems to me they’ve changed tac since receiving that, they haven’t responded to CCA request though!

20.08.2020 - This is getting interesting....! Letter from Sainsubruys in response to my CCA request, they enclose:
- signed statement of account
- reconsituted version of the current terms and conditions
- original signed application
- reconstituted version of the original executed agreement

It states:
"The copy of the agreementincluded with this letter complies with the requirements of the consumer credit (cancellation notices and copies of documents) Regulations 1983 (the "Regulations"). Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature - this means thet we're not required to produce a copy with the primary cardholders signature on it."

They say they will not write to e about this again and that they are satisified they have met their obligation under section 78 and therefore this is fully enforceable.

So i think i'm goosed but send to Niddy, then we notice that the agreement is not my handwriting or my siganture!! So we think its UE. Will play the game, i've got a bit stashed that could pay them off if it gets too serious!!

12.11.20 - Letter from Sainsuburys - They daid they would keep intouch, they are concerned I am showing signs of being in presisten debt (if only you knew the half f it!!) and they recommend i try to pay as much as i can afford to. etc etc The re going to catch up again soon and contact me again in 7 to 9 months time - I am looking forward to it!!

26.11.20 - Another letter from Sainsbury’s bank. Notice served under section 87(1) of The Consumer Credit Act 1974.

in a nutshell if I don’t pay arrears they may:
terminate the credit card agreement
demand immediate ok sumner of total amount

if total arrears are not received by 18/12/2020 they will:
instruct a debt collection agency and/or take legal proceedings against me for the outstanding balance.

then goes into detail about what could happen with legal proceedings etc etc.

They still haven’t put a default on my account I don’t think and this doesn’t mention default anywhere.

Not sure how concerned I should be about this one?!

08.01.2021 - Letter to say Default applied to account in Dec 2020! About time!

20.01.2021. Just had call from Sainsbury’s bank, told them I couldn’t speak. She asked me to call back so I just said to put anything in writing to me! Hoping that stops any further calls. Feels like after taking an age to react they are now upping their game!

09.02.2021 - letter telling me I need to get in touch to discuss my situation or I can return the I&E form enclosed. Filed.

18.02.2021 - voicemail left by Sainsburys bank asking me to call back. Blocked number

25.06.2021 - Have had several letters and phone calls over last few months, all essentially just saying get in touch. Yesterday I received a letter saying my account was no longer on hold and they would continue to work with me to pay??
Not sure if this means they are going to try and start adding fees and interest again? Can they do that? - the account is in default.


09/03/2023

letter received couple of days ago saying the debt has been assigned to Link financial, one from Link and one from Sainsbury’s Bank in same envelope saying pretty much same thing. So I think this mean’s Sainsbury’s has sold the debt on now??