Sainsburys Credit Card

[Joanna C]

Re: Sainsburys Credit Card

Is that the only set of terms with 12.2 on that they have sent you - they may be terms as varied - any date on them at all, or indication when they are from? Their letter only mentions 'the terms & conditions' so I suspect they are trying to pass those off as the original terms.

Obvs they aren't the correct terms to go with the agreement, so they are still in default of the CCA request, as the agreement is incomplete.

As the case isn't in court you could go back to them and inform them that they remain in default, and to burger off until such point as they comply,& as they have threatened litigation you could state the case will be defended in full, but see what the others think as I'm a little out of touch on the 'tactics' front with these kind of cases.

@Joanna C;

Nb. Agreement dated March 2007

Hi McGinty

Were the terms and conditions provided headed" General Credit Card Conditions"?

As Amethyst rightly says condition 12 .2 is not applicable to the agreement and therefore the creditor is in breach of S.78 CCA. It is also currently improperly executed under s.61 (1) (b) of the Consumer Credit Act. and unenforceable save with permission of the court.

I would suggest you do what Amethyst suggests but don't educate them as to why the documentation doesn't comply!

[McGinty]

Re: Sainsburys Credit Card

Hi Joanna, Thank you for your help and it is greatly appreciated. The terms are not headed at all apart from a reference to them in the covering letter from AG saying they were included in the bundle. If fact there appears to be a mixture of two sets of terms within the documents and I can post all up if required? I shall wait then to hear from Shoosmiths. Mc

- - - Updated - - -

Thank you Diana. Does Statute Barred come into play from the last payment date or the last time I responded to contact? Mc

[McGinty]

Re: Sainsburys Credit Card

Thank you Amethyst. There is no date on any of the documents that I can see. Would it be best to post all of the documents on here so you can have a look. As I have said to Joanna C there appears to be two sets of terms. You may be able to glean more information if posted? There are a few but I don't mind doing this. Mc

[Diana M]

Re: Sainsburys Credit Card

Thank you Diana. Does Statute Barred come into play from the last payment date or the last time I responded to contact?

It may depend on a number/combination of things.

When was the last time you paid (or any third party paid on your behalf such as a DMP acting as your agent)?

Did you receive a Default Notice and if so what was the remedy date?

Have you subsequently made an offer to pay/settle even if you haven't followed it up with any payment?

Oh, and have you sent a SAR to Sainsbury's as I suggested?

Di

PS sorry I didn't reply to your PM but I think my Inbox was full. I've now had a declutter

[McGinty]

Re: Sainsburys Credit Card

I am away for a few days Diana but when i return I will check the last time a payment was made. I know it was with a DMP. Thanks again. Mc

[McGinty]

Re: Sainsburys Credit Card

Just had a quick look Diana and the last payment was made via a DMP December 2014. I naively offered a settlement figure October 2016-at the beginning of this thread. I think that starts the clock ticking again? I didn't send a SARS request but I will do Monday. I had previously sent one in 2014 though. I will send a fresh one as the info they hold could have altered. This happened in a case I had with Barclaycard a few years ago, someone at Barclaycard deleted relevant information which included a copy of the agreement. Mc

[McGinty]

Re: Sainsburys Credit Card

I received this from Shoosmithjs today. Should I just simply say that AG have not complied with the CCA request and nothing more?

[McGinty]

Re: Sainsburys Credit Card

I had sent a SARS request to Sainsburys, the original lenders and enclosed the £10 fee. They have returned the cheque stating on this occasion we won't charge you a fee for this service. Is this okay? I am just a little suspicious that they are trying to get out of fully complying??

[charitynjw]

Re: Sainsburys Credit Card

(2) A data controller is not obliged to supply any information under subsection (1) unless he has received—

(a) a request in writing, and

(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

http://www.legislation.gov.uk/ukpga/1998/29/section/7

[McGinty]

Re: Sainsburys Credit Card

Thank you. So this £10 fee is discretionary in this case then? I have made the request in writing.

[charitynjw]

Re: Sainsburys Credit Card

Thank you. So this £10 fee is discretionary in this case then? I have made the request in writing.

That would be my interpretation of s7(2).

[McGinty]

Re: Sainsburys Credit Card

I have received the SARS documents now. Can you advise do I wait for contact from AG again? Mc

[Diana M]

Re: Sainsburys Credit Card

Have you heard anything more from anyone (Arrow or Shoosmiths) since Fevruary?

Di

[nemesis45]

Re: Sainsburys Credit Card

I have received the SARS documents now. Can you advise do I wait for contact from AG again? Mc

Hello McGinty,

What has been sent e.g. the agreement/T's & C's etc.?

nem

[Diana M]

Re: Sainsburys Credit Card

I have received the SARS documents now.

Now that you have received your SAR from the original creditor you can cross-check the contents with the documents that you received from Arrow in February which you uploaded in post # 54.

Also take a good look at the Transaction Log for dates relating to any DN issued, the remedy date and the date the account was terminated and assigned to Arrow. These will be relevant if legal proceedings are issued in the future.

Di