Sainsburys Credit Card

[nemesis45]

Re: Sainsburys Credit Card

Here is a letter from AG reference the CCa requests.

Yep just the standard response from AG, but be aware that if a claim has been issued the " on hold " statement does not affect the court processes.

nem

[McGinty]

Re: Sainsburys Credit Card

Thank you. I think I will hang fire for a few days to see if there is any more advice coming.

[Diana M]

Re: Sainsburys Credit Card

I've read back through your thread and I can see nothing posted by you in relation to Arrow issuing court proceedings. You've not received a claim have you?

As I understand it you've sent a CCA Request to Arrow and they've acknowledged receipt by letter.

So you've protected your legal position for now.

You sent your CCA Request to Arrow last October and (possibly) another one Shoosmiths after that.

I can also see that you may have sent a CPR letter (to Shoosmiths?) last October. Why was that if you've not received a claim?

Or if you have received a claim post/type up the Particulars of Claim.

If you haven't (received a claim) there's nothing you need to do.

If Arrow bought an old Sainsbury's credit card then you may be in for a long wait for them to comply with your CCA Request - I'm pleased to say

Di

[McGinty]

Re: Sainsburys Credit Card

Arrow did not issue any court proceedings but instructed Shoosmoths to collect the debt. I have uploaded a letter from Shoosmiths which clearly stated they would instigate proceedings proceedings should they not hear from me by 5th October last year. I haven't sent a CPR letter-my fault- I meant to say in that sentence CCA request. I have also uploaded another letter from AG stating clearly they have instructed Shoosmiths to deal with the debt. The letter states quite clearly that Sainsburys sold the debt to AG and the balance is now owed to AG. They are trying to be clever buggers in denying they are the creditors but I think this letter states quite clearly they are but I will wait for advice from yourselves on that. Nothing is ever quite as straight forward as it seems!

[Diana M]

Re: Sainsburys Credit Card

Arrow did not issue any court proceedings but instructed Shoosmoths to collect the debt.

. . . I haven't sent a CPR letter-my fault- I meant to say in that sentence CCA request.

Thank you for clarifying things

Di

[McGinty]

Re: Sainsburys Credit Card

As it appears AG ARE the creditor, shall I follow the advice above and re send the CCA ? Obviously AG are not in possession of that document or I would have been sent it.

[Diana M]

Re: Sainsburys Credit Card

As it appears AG ARE the creditor, shall I follow the advice above and re send the CCA ? Obviously AG are not in possession of that document or I would have been sent it.

You've sent Arrow a valid CCA Request with a £1 postal order for the statutory fee.

Their response letter (in post #41) unequivocally states "We acknowledge your request for documentation pursuant to the Consumer Credit Act 1974".

Their letter goes on to say that they will need to contact the original creditor in order to process your request which implies that they haven't got the documents in their possession at this precise moment.

I would hope that Shoosmiths have been told to 'down tools' for the duration. According to an earlier letter you've posted (in post # 49) Shoosmiths were only asked to "manage" the account by Arrow which is not the same as being instructed to issue legal proceedings.

In my personal view there is nothing more for you to do right now. Nothing is gained by sending a new CCA Request and anyway you can't make two CCA Requests within 30 days of each other (read the Act).

If this was a Sainsbury's credit card you might get sent an application form with a covering letter which says "the Ts & Cs would have been on the reverse". At least that's what I've seen in the past. Perhaps they only scanned the front of their documents at the time.

There's little point in speculating so wait and see what comes back which could be months away.

Post up when you get any documents which need scrutinising.

I hope my post answers your PM question

Di

[McGinty]

Re: Sainsburys Credit Card

Thanks very much for this Di. Mc

[McGinty]

Re: Sainsburys Credit Card

A very prompt response received from AG today and what appears to be a copy of the credit agreement with terms which may or may not have been applicable at the time. It is like a full response to a SARS rerquest as there is a lot of history supplied regarding payments etc. I have posted up what I think is the important bits but if more is needed just let me know. Mc

[McGinty]

Re: Sainsburys Credit Card

Can someone advise on this please?

[Amethyst]

Re: Sainsburys Credit Card

The copy of the signed agreement looks like it's been reconned accurately - although that isn't all the applicable terms - did they send further pages of terms ? ( see para 3.7 refers to reading para 12.2 which isn't there?)

[McGinty]

Re: Sainsburys Credit Card

Hi Amethyst and thanks for responding. The signature does look dodgy and nothing like my signature now. I know it is 10 years on but I can post my signature up if you wish. It is more of a scrawl and would not really give an indication of my name. I have received a copy of some terms which may or more likely may not have applied at the time and I have also posted up a copy of the page which supposedly relates to 12.2 in the agreement. I don't think it does! Mc

[McGinty]

Re: Sainsburys Credit Card

Where do I go from here please? Mc

[Amethyst]

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.

[MENTION=7765]Joanna C[/MENTION];

Nb. Agreement dated March 2007

[Diana M]

Re: Sainsburys Credit Card

Where do I go from here please? Mc

Their covering letter more or less says not to contact them because the account is being "operated" by Shoosmiths. It tells you to direct enquiries to them ( Shoosmiths).

I cant think of a reason for you to contact Shoosmiths so maybe wait until they contact you.

When is this debt due to go Statute Barred?

Di