Wescot and Sainsbury - CCA

d0nnyoz

I wrote to Wescot on 29th December 2008 with a request under the CCA and enclosed my £1.
They duly cashed the £1 around the 25th January 2009, well past the 12+2 deadline for providing the information. I haven't heard anything from them since and I was beginning to think they might have just put this one to bed (or at least to one side for now).
Today, I got a letter from Sainsbury Credit Card (who the original debt was with). They thanked me for my request. I didn't send it them?!
They enclosed a copy of the "executed agreement". The agreement they have enclosed is simply a printed copy of the agreement with no reference to me at all.

They then go on to state that as I have not made the required payments, I was served with a default notice and my agreement was ended in January 2006 and the full balance owing became due.
From the date of their letter (4th Feb 2009), the full balance of £2335.91 is in arrears and is due for payment. I already knew that!

In bold at the bottom of the letter they state that the information they have supplied me with is all the information they are required to provide under sec.78 of the CCA. They also state that they are not required to provide a copy of the original signed agreement under sec. 78 of the CCA.

That's news to me. Can anyone offer some advice on the last section above?
And as they have supplied the information late (by my calculations they should have provided this information by around the 16th January 2009), is this debt unenforceable??
Any advice greatly appreciated.

GeorgeUK

They are required to provide a copy of the credit agreement in the prescribed form and with the required prescribed terms. Due to some legislation in 1983, signatures are not required on a copy of the CCA (but are required on any copy they produce in court).

It should have the credit limit and APR at the very least.

d0nnyoz

They have provided two copies of the agreement as I have moved house since the original agreement was signed. The first agreement has my old address on it and the second agreement has my new address on it. These agreements are printed documents like they were spit out of MS Word or something.

There are details of the APR on the agreements but no reference to my credit limit. It simply states that they will let me know what my limit is.
Although the agreements have spaces for signatures and dates, none of this information is provided, not even dates.

What are the prescribed forms and prescribed terms?
What should I do now about this debt?

GeorgeUK

This sounds more like the wording that would be on the T&C rather than a CCA.

I think you should send them the 12+2 day letter.
http://forums.moneysavingexpert.com/showthread.html?t=963087
(posts 6 & 12)

The prescribed terms required:
http://forums.moneysavingexpert.com/showthread.html?p=6815188

d0nnyoz

Thanks.
What confuses me is the reference in these letters to the additional month of continued default. I've been told this doesn't apply anymore, but both of these letters refer to it.

And thanks for the details on the proper terms of the agreement. I've double checked the agreements Sainsbury sent and there is no reference at all the credit limit. I judge from that that these agreements are properly prescribed agreements?
The agreements simply state that they will decide on my credit limit and tell me what it is. It goes to say that they may change it at any time and will let me know of the change. Whoopee!
But no reference at all to the actual credit limit.

If someone can clear up the issue of the additional month, I'll get these letters sorted out and sent off.

GeorgeUK

When those letters were written, the 1 month was still valid. This got changed on the 26th May 2008 when The Consumer Protection from Unfair Trading Regulations 2008 came into effect.

Schedule 2, Paragraph 20:

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the "and" preceding it.

What is in the letters is technically correct (that is what s78(6) says), it's just that part 6b is no longer in effect. I'd just delete that part.