CCA advice

[stuffthem]

A very good morning to you all,
Some advice if possible please.
I took out credit card with Sainsbury's Bank in 2004, default in 2008.
Debt has been sold at least 3 times, can't remember exactly, I recently received my request for credit agreement.
This has everything including prescribed terms and conditions.
The company have added that they are unable to provide statements.
I don't want to challenge any further if they have supplied enough information to satisfy this account as being enforceable.
Any advice would be most welcome.
For the record I have been making regular payments for at least 9 years, I don't ever remember having an annual statement though on payments and balance.
Many thanks again

[echat11]

Hi STUFFTHEM

Welcome to LB

Have they supplied a 'reconstructed' version?

Although they've provided a CCA, have the Terms and Conditions been 'varied' i.e. interest rate gone up, credit limit gone up etc, then they also need to provide the T & C's for the 'variation'.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

Until they do, the agreement is 'unenforceable'.

[stuffthem]

Many thanks ECHAT,
I could upload the information I have received, if that is possible, minus personal details.
Maybe someone could have a look.
On the other issue of not being able to supply statements, am I wrong in thinking a statement of account should be issued annually.
Many thanks again

[echat11]

Many thanks ECHAT,
I could upload the information I have received, if that is possible, minus personal details.
Maybe someone could have a look.
On the other issue of not being able to supply statements, am I wrong in thinking a statement of account should be issued annually.
Many thanks again

If the agreement is 'reconstructed', it's constructed from different data they hold. They should be 'upfront' and tell you that, that is what it is. They should provide a statement of account.

[stuffthem]

Thanks again for the reply,
THe agreement is a true copy, everything as it should be.
The terms and conditions all look like the original albeit a little faded, but legible.
Not sure I can go any further on that.
All I have received from the solicitors acting on behalf of the debt agency, is date of default, amount outstanding at time of default , date credit card was originally issued.
The response I got from them along with the agreement was that the credit agency could not supply statements.

[stuffthem]

If someone could double check the terms I could upload.

[echat11]

Thanks again for the reply,
THe agreement is a true copy, everything as it should be.
The terms and conditions all look like the original albeit a little faded, but legible.
Not sure I can go any further on that.
All I have received from the solicitors acting on behalf of the debt agency, is date of default, amount outstanding at time of default , date credit card was originally issued.
The response I got from them along with the agreement was that the credit agency could not supply statements.

If they took the matter to Court, they would need to provide default notice, letter of assignment, if they haven't got a statement of account, then they would have to provide details of the debt amount. The advice would be to see what they do next, update the thread.

[stuffthem]

Thanks so much for the advice, really do appreciate it.
Please excuse me if I'm asking silly questions, I understand some but not a lot about this.
Just to confirm, I asked for all documents relating to my cca request.
They sent the agreement and terms.
They said they are unable to supply statements .
I have found some annual statements showing how much I pay each month and outstanding balance.
Should I go back and say they have not supplied all of the information I requested initially, and would that include the original default notice and assignment letter from Sainsbury's to the first debt agency.

Thank you again

[stuffthem]

Just to add I don't understand fully what the statement of account actually refers to

[echat11]

Thanks so much for the advice, really do appreciate it.
Please excuse me if I'm asking silly questions, I understand some but not a lot about this.
Just to confirm, I asked for all documents relating to my cca request.
They sent the agreement and terms.
They said they are unable to supply statements .
I have found some annual statements showing how much I pay each month and outstanding balance.
Should I go back and say they have not supplied all of the information I requested initially, and would that include the original default notice and assignment letter from Sainsbury's to the first debt agency.

Thank you again

You need to decide what you want to do, then make sure you do it.

You stated the following 'I don't want to challenge any further if they have supplied enough information to satisfy this account as being enforceable'.

So, I don't think I can add much more.

[ULA]

tag Celestine

[stuffthem]

Hi Celestine,
Thank you for the info, I was looking for someone to look at a recent CCA I received.
I sent the information to the email address on the forum.
I have also made a donation to the excellent forum.

Many thanks
Steve

[ULA]

Hi stuffthem a response has been sent via email to you from the LB admin team in respect of the CCA which has been reviewed by Celestine. There were further questions Celestine had and for which you have been requested to respond back to on this thread for Celestine to review and provide any ongoing advice.

[stuffthem]

Apologies for not responding sooner.
A catalogue of very expensive issues with transport has taken all of my attention.
So, if I can respond now .
The current owner of the debt is Lowell.
Currently making token monthly payment.

Apologies once again, and thank you for the great advice.

Steve