Sainsbury's Bank Credit Card now with DLC

[alsagerman]

Re: Sainsbury's Bank Credit Card now with DLC

Hi Jax

Compliance with a CCA license is not an opt in / opt out provision for any financial business. They cannot ignore you if they intend to use the act to chase you. Your decision, and no doubt others will disagree, but i would write again reminding them of their obligations under the license granted to them (include their license number if you like) and state that, until such time as they are compliant with their obligations (also include OFT guidlines) that you shall not be responding to any more correspondance. If they can ignore you, you are within your rights to ignore them.

[jax50]

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.

They might consider they have thrown the ball back into my court..although they have no proof I have received the letter and the returned CCA request...so I think I'll just carry on to the final CCA letter, confirm the dispute and leave it there. maybe I'll get them into tacit agreement too

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

Right, update...had a reply eventually to my CCA requests from DCA...they sent a photocopy of an application form from Dec 2002, and like a summary page which says is an agreement between Sainsbury's and the DLC to buy accounts ?? they say they can't produce anything else due to confidential info but would in court, and this copy shows that we (the DLC) have an agreement with Sainsbury's. and your account was one of those we bought....... The application form they sent is mainly illegible but they are saying this is the agreement ?

I've written back saying it's illegible and they have replied saying they are asking the OC for a better copy. No T&Cs were present either..I'm awaiting a reply ...

I've also received a letter which is a 'recreation' of the deed of assignment, dated 31st December 2009...(sent to old address) looks like an absolute assignment.

[Streetwise]

Re: Sainsbury's Bank Credit Card now with DLC

Right, update...had a reply eventually to my CCA requests from DCA...they sent a photocopy of an application form from Dec 2002, and like a summary page which says is an agreement between Sainsbury's and the DLC to buy accounts ?? they say they can't produce anything else due to confidential info but would in court, and this copy shows that we (the DLC) have an agreement with Sainsbury's. and your account was one of those we bought....... The application form they sent is mainly illegible but they are saying this is the agreement ?

I've written back saying it's illegible and they have replied saying they are asking the OC for a better copy. No T&Cs were present either..I'm awaiting a reply ...

I've also received a letter which is a 'recreation' of the deed of assignment, dated 31st December 2009...(sent to old address) looks like an absolute assignment.

You could send them a CPUTR 2008 request,they don't have to respond to this,but if and i mean (BIG IF) they did go to court then the DJ would not be happy with them.This has already been mentioned post 13 Bill K.

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

Thanks Streetwise..That is an idea, but as I'm not in a particular hurry to move this along, I'm going to wait for the next version of their agreement and see if that ticks all the boxes to comply with s78. The only thing I'm unsure of is as this is a 2002 account, whether the 'agreement' should have both parties' signatures on it...and whether it should refer anywhere to any PT's and the T&Cs' that may be enclosed, attached or generally be mentioned as 'with' the agreement ?

[Streetwise]

Re: Sainsbury's Bank Credit Card now with DLC

Thanks Streetwise..That is an idea, but as I'm not in a particular hurry to move this along, I'm going to wait for the next version of their agreement and see if that ticks all the boxes to comply with s78. The only thing I'm unsure of is as this is a 2002 account, whether the 'agreement' should have both parties' signatures on it...and whether it should refer anywhere to any PT's and the T&Cs' that may be enclosed, attached or generally be mentioned as 'with' the agreement ?

I got slapped down on the site as I tried to use the argument of two signatures and i am afraid they are right P.T.and DavyB challenged what i thought was right, and i was clearly WRONG.

I think you are right to wait to see what they send next,if anything.

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

I got slapped down on the site as I tried to use the argument of two signatures and i am afraid they are right P.T.and DavyB challenged what i thought was right, and i was clearly WRONG.

I think you are right to wait to see what they send next,if anything.

Ha ha...I know what you mean because I suppose we, well at least I, am looking for definitive or hard and fast 'rules' that exist, whereas I guess the reality is that it's the all round circumstances that seem to weigh more with a Judge than maybe a bit missing here or there. I do understand what the others are saying so I don't know why I keep asking this question really ? We see examples where a case can be won because the T&Cs' are proven not to be from the 'original agreement', then we see cases lost on what is called 'de minimis'.... I think what 'they' are saying is it is what you can recall about about you had at the time...did you have the T&C's for example when you signed whatever you signed...Maybe more cases will give us a 'pattern' of what seems to be happening ? As you said though, rather than anticipating events, I'll see what I get when and if I get it and ask from there...

[Streetwise]

Re: Sainsbury's Bank Credit Card now with DLC

Ha ha...I know what you mean because I suppose we, well at least I, am looking for definitive or hard and fast 'rules' that exist, whereas I guess the reality is that it's the all round circumstances that seem to weigh more with a Judge than maybe a bit missing here or there. I do understand what the others are saying so I don't know why I keep asking this question really ? We see examples where a case can be won because the T&Cs' are proven not to be from the 'original agreement', then we see cases lost on what is called 'de minimis'.... I think what 'they' are saying is it is what you can recall about about you had at the time...did you have the T&C's for example when you signed whatever you signed...Maybe more cases will give us a 'pattern' of what seems to be happening ? As you said though, rather than anticipating events, I'll see what I get when and if I get it and ask from there...

I was challenging an agreement as an Executor of an estate and there was no signature for the credit card company,they only supplied me with an application form that was reconstructed,the alleged agreement was from 2002.:beagle:

[jax50]

Re: Sainsbury's Bank Credit Card now with DLC

yeah, I got the same from Sainsbury's...wonder if they are the same ?