Received a CCA from Sainsburys

[Smilesallround]

Today I have received from Experto Credite who seem to own or collect on behalf of Sainburys bank which I had a credit card with back in 2005 or something like that. I defaulted on it 2007.

i have received a credit agreement which has my details in it but my first name is spelt wrong, the handwriting is defo not mine. My employers at the time shows spelling errors but they seem to have a signature on it which looks like mine but what is odd is there is a 8 next to the date field nothing else then the date boxes appear further along with a date inputted. On the other side is printed the consumer credit act points 1 to 1.6 and attached is two credit card agreements. Point 1 states the parties to this agreement is Sainburys bank and myself (my name and address) followed by pages of the agreement no signature on it of mine. Funny thing is they are both different.

This looks abit dodgy I'm sure I applied for the credit card online but seriously can't remember. Also it does not have their signature anywhere reading curleybens post both signatures need to be there.


i will upload on here tomorrow for you to look but I can't figure why I would sign something where I couldn't be bothered to spell my first name properly.


Any advise guys? Have they sent me all I need?

also if I upload I will have to erase my personal details so I'm not sure how you will tell if this is real.

[FlamingParrot]

Re: Received a CCA from Sainsburys

Today I have received from Experto Credite who seem to own or collect on behalf of Sainburys bank which I had a credit card with back in 2005 or something like that. I defaulted on it 2007.

Have you been making payments? Otherwise, it would very nearly be Statute Barred!

i have received a credit agreement which has my details in it but my first name is spelt wrong, the handwriting is defo not mine. My employers at the time shows spelling errors but they seem to have a signature on it which looks like mine but what is odd is there is a 8 next to the date field nothing else then the date boxes appear further along with a date inputted. On the other side is printed the consumer credit act points 1 to 1.6 and attached is another credit card agreement. Point 1 states the parties to this agreement is Sainburys bank and myself (my name and address) followed by pages of the agreement no signature on it of mine.

This looks abit dodgy I'm sure I applied for the credit card online but seriously can't remember. Also it does not have their signature anywhere reading curleybens post both signatures need to be there.

Is there a date on this purported agreement? If you applied ONLINE from Jan 2005 onwards, then you probably wouldn't have signed an agreement as such, as the law allows a tick box to fulfil the role of a signature for online applications. All the above sounds rather strange, :confused2: best to scan and upload the documents so we can take a look.

i will upload on here tomorrow for you to look but I can't figure why I would sign something where I couldn't be bothered to spell my first name properly.

Any advise guys? Have they sent me all I need?

also if I upload I will have to erase my personal details so I'm not sure how you will tell if this is real.

Even if we were able to see your details, we wouldn't know how you spell your name, or your employer's name, or what your handwriting is like, or how you usually sign, so only you can judge whether what they've sent you is real or fabricated in that respect. What we'd need to see is the rest of the purported agreement to see if it contains all the terms, etc. that would make it a properly executed agreement (or otherwise).

[Smilesallround]

Re: Received a CCA from Sainsburys

I have been making payments as I didn't know about all this before.

i can't remember for sure if I applied online I think I did I just know I wouldn't fill it in myself spell my name wrong and sign it.

The date apparently ive put in the signature box is 08 02 2005.

On the other side of my personal details is abit of consumer credit act and interest charges and attached two sets of credit card agreements both different. At first I thought its two copies of the same.

Also credit agreement on back states 25pound late payment and other two agreements state £12 late payment. Which is the correct at time of application I though £12 per late payment is post 2006?

[Smilesallround]

Re: Received a CCA from Sainsburys

Have you been making payments? Otherwise, it would very nearly be Statute Barred!

Is there a date on this purported agreement? If you applied ONLINE from Jan 2005 onwards, then you probably wouldn't have signed an agreement as such, as the law allows a tick box to fulfil the role of a signature for online applications. All the above sounds rather strange, :confused2: best to scan and upload the documents so we can take a look.

Even if we were able to see your details, we wouldn't know how you spell your name, or your employer's name, or what your handwriting is like, or how you usually sign, so only you can judge whether what they've sent you is real or fabricated in that respect. What we'd need to see is the rest of the purported agreement to see if it contains all the terms, etc. that would make it a properly executed agreement (or otherwise).

Can you remind me again what I am meant to receive for a fully complaint CCA?

[labman]

Re: Received a CCA from Sainsburys

CCA Request – Section 77 – 79

Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements, s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).
With regard to loans, the specific information must include:

• The total sum to be paid, as per the agreement
• The sum still outstanding and the due dates for each installment
• The total sum payable, if different from the agreement.

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.
In addition to this requirement, new regulations now require loan providers to provide statements to be sent to the consumer no later than one year after the contract was made. Failure to do this will mean repayments (and interest) can be halted until the statement is sent.
Your request must be made to the creditor (via the debt collection agency if one is involved) with the payment of £1)

(Source: http://whatconsumer.co.uk/consumer-credit-act-rights/)

[Smilesallround]

Re: Received a CCA from Sainsburys

CCA Request – Section 77 – 79

Under these two sections of the Consumer Credit Act, it is your right to request a copy of the executed credit agreement from the creditor, along with specific and current information concerning the debt (s 77 relates to fixed-sum loan agreements, s 78 refers to running-account credit (credit cards) and s 79 to hire agreements).
With regard to loans, the specific information must include:

• The total sum to be paid, as per the agreement
• The sum still outstanding and the due dates for each installment
• The total sum payable, if different from the agreement.

The creditor has a period of 12 days working days in order to provide the agreement and the statement. If they cannot provide the information, the debt cannot be enforced until they do. If the creditor are still unable to provide the documents after one month, they commit a criminal offence.
In addition to this requirement, new regulations now require loan providers to provide statements to be sent to the consumer no later than one year after the contract was made. Failure to do this will mean repayments (and interest) can be halted until the statement is sent.
Your request must be made to the creditor (via the debt collection agency if one is involved) with the payment of £1)

(Source: http://whatconsumer.co.uk/consumer-credit-act-rights/)

What if you think you applied for the credit card online but they have sent a paper credit agreement with all your details and something that looks similar to your signature. How can you prove its not real and you applied online?

I have been sent three sets of credit card agreements two are not signed and the other are on the back of the so called credit card application. It is weird as my name isnt spelt properly but i have signed against it>

[Smilesallround]

Re: Received a CCA from Sainsburys

Shall i send another CCA request but direct to Sainsburys and see what they send me? See if its completely different to what Experto Credite have sent me? As the credit agreement sent to me seems fake.

[FlamingParrot]

Re: Received a CCA from Sainsburys

Can you remind me again what I am meant to receive for a fully complaint CCA?

The agreement must have the following:

• A heading in the prescribed form giving the nature of the agreement

Credit Card Agreement regulated by the Consumer Credit Act 1974

• Name and address of both the debtor and creditor

Your name and address and lender's info.

1. Financial Information
   • Credit limit
   • Interest rate, whether it is fixed or variable and how and when interest is applied
   • Information regarding repayments, when and how much
   • The APR
   
   
2. A statement of your rights
   [*=1]YOUR RIGHT TO CANCEL - Once you have signed this agreement, you will have a short time in which you can cancel it. The creditor will send you exact details of how and when you can do this.
3. A signature box in the prescribed form signed by you
   [*=1]This is a Credit Card Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.
   [*=1]Debtor's signature and date

[FlamingParrot]

Re: Received a CCA from Sainsburys

What if you think you applied for the credit card online but they have sent a paper credit agreement with all your details and something that looks similar to your signature. How can you prove its not real and you applied online?

I have been sent three sets of credit card agreements two are not signed and the other are on the back of the so called credit card application. It is weird as my name isnt spelt properly but i have signed against it>

Even if you applied online, they could have sent you an agreement to sign. This was a legal requirement before 2005.

Can you post up what you've received so far so we can take a look? If you are convinced that this document is a fabrication then there is a letter you can send, however, we need to be sure that what they've sent you is not simply a recon, as recons are an acceptable response to a s.78 request as established on Carey v HSBC.

[Smilesallround]

Re: Received a CCA from Sainsburys

Even if you applied online, they could have sent you an agreement to sign. This was a legal requirement before 2005.

Can you post up what you've received so far so we can take a look? If you are convinced that this document is a fabrication then there is a letter you can send, however, we need to be sure that what they've sent you is not simply a recon, as recons are an acceptable response to a s.78 request as established on Carey v HSBC.

i wil post up shortly.

All i know is i would not be filling in a application for a credit card and spelling my name wrong and then sign it. Its defo not my writing.

[Smilesallround]

Re: Received a CCA from Sainsburys

http://www.legalbeagles.info/forums/...e-if-complaint

[FlamingParrot]

Re: Received a CCA from Sainsburys

Have replied to your other thread: http://www.legalbeagles.info/forums/...110#post344110