Sent a letter to Sainsbury in June 2006 asking for a copy of my CCA and mt default notice they apparently sent. (Dont remember receiving one).
123 My Road
Date: 21st June 2006
Account number - 123456789
Dear Sir or Madam
After recently obtaining a copy of my credit file from all three credit report agencies, I was concerned to note that your company has placed a "Default" notice against an account in my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) (for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1234 4578.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 12 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
I contacted your customer service department on the 20th June 2006 to reflect my new address. My previous address was 12, Old Street, Old Town, Old County, CD2 2CD. To confirm my identity incase your system has not been updated, my date of birth is 1st January 1900 and the loan was for £3000 with monthly repayments of £170.
Dear Mr Rogue,
Thank you for your letter dated 22nd June regarding the above account. Please accpet my apologies for the delay in replying to you.
With regards to your request I would comment as follows:
Please find enclosed a copy of the original credit agreement as requested.
We do not retain copies of individual default noticies. This does not affect the validity of the default that we recorded on your credit reference file as being in default of the terms and conditions of agreement. In doing so we have complied with the banking Code and guidance provided by the Information Commissioners Office on the filing of the defualt notices. This was recorded when your account was transferred to our Legal Recoveries Deoartment in May 2002.
The account was not sold onto any other company, the final payment was received in August 2005 and I can confimm that the account is now closed.
I hope that this explanation finally clarifies the matter, as the default notice will not be removed until the relevant six years from the date of default.
Due to lack of help/advice at the time, I left the matter there. However im back with more knowledge and more arguments now!
Sent off a copy of Surlybonds letter and just awaitng a reply now. I'll keep you updated
Edit - I forgot to mention that I also disputed the default on my file with call credit - however the denied all knowledge of holding any information about me from barclaycard! I currentyl get my credit files online from CheckMyFile - so I sent them a copy of this. Even with it in front of them in black and white they still disputed it.
This time though, ive applied direct with call credit to check my report online. Looking forward for my pin number to be delivered. If its on there im going to give them hell!