Sainsbury's Bank Credit Card now with DLC

[Nikolai]

Re: Sainsbury's Bank Credit Card now with DLC

You can't fail to be impressed at the knowledge and advice posted on this site. In the civil court system only the High Court and above can set precedents, that is, High Court, Court of Appeal and Supreme Court, in ascending order. The County Court, where many of us have the odd tussle, cannot do so but has to follow precedents set by the higher courts.
I very much agree there is no substitute for experience, and there is a great deal of that here for others to benefit from.

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

Request the C.C.A. agreement from the last company that contacted you about the debt,( Template somewhere on this site ),remember to enclose a one pound postal order for the agreement,and send recorded delivery,see what if anything comes back,,there is a chance that the card taken out in 2002/2003 that they will not have an agreement.Do not sign anything on your letter to them for the C.C.A. agreement.

I sent a letter last thursday, recorded delivery, to ask for the info, but it wasn't the full CCA letter yet but the initial letter. I'm waiting a response and depending on the outcome intend to follow the templates CurleyBen did. As an aside, I have also written to the OC to dispute some of the charges they made back in late 2006..like late payment fees, over limit fees and interest while the account was in an agreed 'deferred state'. This might just help later on because the OC bumped up the debt by £1,500 days before they defaulted me. and passed it over to Oliver Blair ...

[Bill-K]

Re: Sainsbury's Bank Credit Card now with DLC

I would think the OC keeps 'control' of the account all the time maybe, and if a DCA has had enough, passes it back to the OC who then sells it on elsewhere ? The reason this question is important to me is that for the Agreement to hold water, the OC has to be in charge of the assigning in each case..as from what I read, the assigning is not transferrable.

That's a good point, I think, Jax - and not one I recall seeing discussed as yet. It would be good if someone here can confirm exactly what happens with these 'ping-pong' games the DCA's seem to play.

...Do not sign anything on your letter to them for the C.C.A. agreement.

Agreed, Streetwise - these DCA's DO attempt to forge signatures occasionally. I use a font I downloaded, and print it in blue, and it looks pretty much as though I signed my scrawl with a Parker fountain pen, I reckon.

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

[QUOTE=Bill-K;280573]That's a good point, I think, Jax - and not one I recall seeing discussed as yet. It would be good if someone here can confirm exactly what happens with these 'ping-pong' games the DCA's seem to play.

I would definitely like to know what the process is. Like I've said previously the 'Agreement' I received from the OC clearly does not confer any of the 'rights' beyond the OC's transfer. One assumes therefore that if a DCA decides to sell it on that the 'rights' don't go with it ?

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

anyone any ideas on the last comment ?

[dogtired]

Re: Sainsbury's Bank Credit Card now with DLC

Other than that I would like to know as well! The alleged one they have went via Robinson Way, Blair Oliver Scott and now Wescott but "customer service"insisted I communicate with Blair Oliver! Nothing but threatograms from all

[mystery1]

Re: Sainsbury's Bank Credit Card now with DLC

http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

M1

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

M1

yes, I've read that case about rights and duties...but....My 'contract' states.."In this Agreement 'we', 'us' and 'our' means Sainsbury's Bank plc and any company, firm or person which we transfer any or all of our rights and duties to under this Agreement......."

Now obviously if Blair, Oliver and Scott (an Agent of Sainsbury's Bank) sold the account to DLC then the to me the rights and duties do not pass because only Sainsbury's Bank can do that themselves, not an Agent or another DCA, according to that wording.

If it was to include any Agent and/or DCA the wording should have said as such, but it clearly only gives exclusive rights to sainsbury's bank to pass on the 'rights and duties' ?

Well, that's my take on it anyway....

I would be pleased to here others comments in this...

[Streetwise]

Re: Sainsbury's Bank Credit Card now with DLC

yes, I've read that case about rights and duties...but....My 'contract' states.."In this Agreement 'we', 'us' and 'our' means Sainsbury's Bank plc and any company, firm or person which we transfer any or all of our rights and duties to under this Agreement......."

Now obviously if Blair, Oliver and Scott (an Agent of Sainsbury's Bank) sold the account to DLC then the to me the rights and duties do not pass because only Sainsbury's Bank can do that themselves, not an Agent or another DCA, according to that wording.

If it was to include any Agent and/or DCA the wording should have said as such, but it clearly only gives exclusive rights to sainsbury's bank to pass on the 'rights and duties' ?

Well, that's my take on it anyway....

I would be pleased to here others comments in this...

Until you find out if there is a letter of assignment,it would be hard to comment B.O.S. and D.L.C.may only be collecting the alleged debt for Sainsbury's,ask davy b or P.T. they are more knowledgeable on these matters.

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

The waiting period is nearly over, they signed receipt for my 1st request on August 18th, so after the weekend I will be making a formal request.
The thing is though, do I make this a CCA 74 request or a CPUTR request ? ...and apart from the fact that the CCA request allows a reconstituted copy of the agreement now whereas CPUTR does not (am I right?)...what is the difference in the routes, if any ?

By the way this is pre 2006, if that makes any difference ?

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

I have decided to draft up a copy done by curlyben, ie a Full CCA request as I have not had a reply to my initial opener. This will give the DCA 14 days to comply. Depending on what happens next eg a) they send Compliant CCA; b) they send non compliant CCA, c) they continue to ignore me, d) they run off.... e) they pass it to another DCA...f)they file legal action against me.......... determines my next action I guess.
Meanwhile I have also sent a 'Dispute' letter to the OC regarding charges they made to my account...to which they partly replied but didn't fully answer my request, so a 2nd recorded delivery letter has been sent to the OC putting the original account in Dispute. This will remain this way as cover in case of any actions the DCA may bring, as they are not allowed to pursue this while a Dispute with the OC exists (so I believe).

I would really appreciate some feedback about this strategy as to end up going down the wrong track is something I worry a lot about.

[Bill-K]

Re: Sainsbury's Bank Credit Card now with DLC

...a CCA 74 request or a CPUTR request ? ...and apart from the fact that the CCA request allows a reconstituted copy of the agreement now whereas CPUTR does not (am I right?)...what is the difference in the routes, if any ?
My understanding is this:-
They are legally obliged to respond to a formally-made CCA s.77-79 request, and until such time as they do, they may not pursue the alleged debt any further. Even if they cannot produce a copy of the agreement, it is still possible for a court to decree the debt as enforceable if sufficient evidence can be produced.
They are NOT obliged to respond to a CPUTR request, and are allowed to continue pursuit of the alleged debt. It is simply a letter which puts them on notice that, should they pursue the debt in court, the CPUTR request will be produced - along with whatever response they made to it.
It is important to get proof of posting and/or delivery in both cases.
By the way this is pre 2006, if that makes any difference ?
I don't think so. If the debt is still 'live,' and being pursued, then the original agreement should still be available, even if other data have been destroyed.

....

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

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Thank you very much for that...feeling I'm on the right track thus far... Sainsbury's added several late fees of £12 back in 2008 despite the fact I paid on time...so I've claimed that even though they wrote to me to say they accepted the £1 p/m I offered but would continue to apply interest and fees as I had already had one year of no interest and fees and that was their limit. But a late Fee and over limit fee is surely what it says ? they can't say they accept £1 then charge me a late fee and over limit fee for only paying that amount can they ? Anyway that's the gist of what I've disputed...It was their rules , not anybody else's or the law and they could apply 'discretion' considering I was in a dire financial predicament and told them that several times by sending a CCCS I/E schedule.

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

Okay, latest position re this is...
I wrote to the OC (Sainsbury's), B.O & S and DLC (the DCA) , all with recorded delivery CCA requests.

The OC (Sainsbury's) have ignored all my letters.

B.O & S have returned my letter (and envelope !) stating they have no record of the account at my current address (I have moved since the original agreement) . The short letter they sent is on Sainbury's Finance letter headed paper. BO&S have communicated with me previously though at my current address before passing to the debt to DLC, so they are playing silly beggars here.

DLC (the DCA) have not replied to my CCA requests.

SO. What do I do now ?
Do I need to write again the B O & S telling them of the original address they had for the account, or ignore them? Surely Sainsbury's know the current address as they must be in contact with DLC if they have re assigned the alleged debt ? If I do write to provide an address do I return the CCA letter they have sent back to me ?

Do I just send the final CCA letter and sit tight or 6 years, or await their actions (if any) .

What do you think ?

[Streetwise]

Re: Sainsbury's Bank Credit Card now with DLC

As far as I am aware if they have not provided you with the C.C.A agreement then I don't think they can enforce.