Sainsbury's CC - Bank Scotland

[pop37uk]

Hello,

I've just recieved this today following my CCA request on the 26/10/2009 to the DCA-Oliver Scott & Blair. I think they havejust sent me the current T&C's but no signed CCA. Can someone just have a quick look and confirm this is the case also the statement they make saying this is all they need to provide me with under section 78, is this correct.
The 12days will be up by next tuesday, socan i put into dispute and cease making payments to them.

Many thanks

[pop37uk]

Re: Sainsbury's CC - Bank Scotland

sorry upload didn't work

[pop37uk]

Re: Sainsbury's CC - Bank Scotland

Can someone please advise on this. Should i request a signed CCA? Or can i put this into dispute. please help!

[Amethyst]

Re: Sainsbury's CC - Bank Scotland

ooo dear you have been missed xxx So sorry, will have a look at the agreement now.

Well they are quite open about it being reconstituted but it seems to meet the requirements under sec 78. Have you had a read of this guide to the CCA and dealing with DCA's - ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

Whats your aims in all of this ?

[pop37uk]

Re: Sainsbury's CC - Bank Scotland

Thanks for the reply. I was approached by a debt solution company I think it was kelboo. So I decided to check them out before hand and came across your site. Basically I got into finaincial problems 4/5 years ago and have been on a debt management plan for the last 3/4 years. However during this time on the plan 2 of the creditors have placed charging orders against my house and have decided to try and take control my self on seeing your site. The light at the end of the tunnel seems very dim at the moment and cant see anyway out.

[Amethyst]

Re: Sainsbury's CC - Bank Scotland

Okay Can we have a look at your overall situation then ? Is the DMP suitable and at the right level for you ? Are there charges you can reclaim (on c/cards etc) to reduce balances ? Are you paying fees for the DMP ?

The companies that got charging orders on your house - did they go through the court system and were you given opportuinty to defend/offer repayments etc ?

If you want to list everything (scary thought I know) we can have a look and see if theres anything you can do to help the situation.

[pop37uk]

Re: Sainsbury's CC - Bank Scotland

I'm just to about to go through a new I&E with payplan, my salary was reduced in october due to long term illness and i'm struggling to pay the original agreed amount of £260 a month. I've missed one month and this month was only able to pay just over a £100 which covered the 2 priority creditors and £1 token payment to the others. But all the threatening letters have started to land.

Most are for credit cards, one personal loan and bank current overdraft.

I've not reclaimed for any charges or PPI which i noticed was on some of them, but thought the best starting point was to ask for CCA's.

I issued your template asking for CCA's on the 26/10/2009 with only 2 responding sainsbury and egg cc. Any help would be greatly received.

Concerning the 2 charges there was some documents, but payplan just advised to fill it in and return it to them, they advised their legal team would get the court changed to a closer one to where i live. They hoped that being on a dmp it would not be acceptable. Anyway the next thing i heard the charge had been approved.

[Amethyst]

Re: Sainsbury's CC - Bank Scotland

Trouble with Payplan, and CCCS, and CAB actually, is that they tend to go down the rubber stamping route alongside the creditors and sounds like thats whats happened. Yep less stress for you but you have no control over the outcome. The court papers would have been issued from northampton (bulk processing centre for court claims) and they get moved to your local court after the defence/admissions are entered.

Anyway by the by now

With Payplan, or any Debt management company, they are useful to take the pressure off you and handle to payments/basics, but once you are back on your feet a bit (stress wise) you can control how things progress yourself a bit more.

Yep good starting point is the CCA's so you know where you stand. The one sainsburys have sent is considered to fulfil the requirements under section 78, that they have reconstructed the agreement tho is a fair indication they dont have the original so you could use that to encourage them to accept your repayments and stop threatening action against you (if they are) - dont stop payments on it tho s thats likely to push them into taking court action which I am sure you can do without

Egg one isnt something I;m very up on but will ask an Egg person (lol like a weeble) to have a look at them. Personally I think Egg agreements are enforceable but there are camps say they arent due to some wording technicalities - although I think thats slim in court - it could also help get payments agreed and hassle stopped.

Who are the companies most concerning you at the moment ? and whats the situation with them ?

On the ones with the charge orders are there monthly installment arrangements alongside those ?

Also do you know frm payplan if they entered any defence/offers on the court claims which resulted in charge orders and do you have copies ? ( the protocol nwadays should be no charge order unless you miss CCJ installments but quite a few companies are still pushing for them straight off)

oh and yes go through the I&E with payplan and they can reduce and redistribute the payments - will probably cause some mre creditors to make noises but they cant have what you dont have and if you show a court you are doing what you can (ie the DMP) things shouldnt get any worse (and I'm sure you arent that fussed about your credit rating are you)