Hi Cleo, thanks for that. Yes, I've read your thread a few times, can I ask, had you stopped/missed payments to them, and so they are trying to get you to repay the debt, or are you trying to make a claim/get debt written off because of the agreement not being enforceable? Thats what I'm trying to do...maybe im being greedy in thinking that if the agreement IS unenforceable, they should pay me back the 200+ a month in interest and charges i've been paying for several years, (which when i roughly add it up comes to more than the debt still outstanding:x), which should clear the debt AND pay me some back too! But, thinking about it again... that argues the point of it being a valid agreement..or does it? See how confused i am!? Any help greatly appreciated! Unsure if to request SAR now as they have twice sent me just application form?

Thanks for that Robinredbreast I think i'm going to continue to pay monthly dd for now, but will send a letter saying they obviously dont have an agreement so the debt is unenforcable? Have you sent a similar letter already? Can't remember who's done what, i've read that many posts! I would be far more confident if i knew someone had actually won against m&s on this, does anyone know anyone who has? thanks emmtay

Hi Im in a similar situation it seems. Ive just received back my 2nd copy of an application form, NOT and agreement, which i took out as a chargecard in jan 1994. I'm fairly naive when it comes to things like this, and I've spent weeks reading through threads on m&s stuff, so forgive my ignorance but, could I not just send my paperwork to FOS and send m&S a letter telling them i've done this as they obviously have no signed agreement, since sent same paperwork twice now, and to save this merry-go-round? Also, I am still paying the minimum monthly payment by DD, should I stop the payment or continue? Any help would be much appreciated Many thanks Emmtay

Yes, Im sorry again, I did admit I was unsure where to post this. Any advice anyone?

Hi Ive been reading through this thread and other m&s ones and was wondering if anyone can help me? Ive had my account with m&s since 1994 which was originally the chargecard account. They automatically sent the credit card when it was introduced. I have owed them approx 9.5k for as long as I can remember! A few years ago I asked them to remove the PPI, which they did. I have sent for the agreement, and received back what seems to be the norm...the application form. No T&C's, no APR, etc. I am still paying the monthly payment and have never defaulted. I am self employed, although I wasn't at the time I took out the 'agreement'. I have a few concerns! Does it seem possible to make a claim on the basis that there is no agreement? If so, what can I claim? All my money back? Do you think I should continue to make payments once I send my Subject Access Request? Do you think I will be able to claim the PPI even though I stopped it a few years ago(prob 2004), or should I claim it along with other rather than seperate? Any help greatly appreciated...as you can see i'm a little confused! Thanks Apologies for posting twice, but can't seem to find a heading for M&S anywhere?

Hi Ive been reading through this thread and other m&s ones and was wondering if anyone can help me? Ive had my account with m&s since 1994 which was originally the chargecard account. They automatically sent the credit card when it was introduced. I have owed them approx 9.5k for as long as I can remember! A few years ago I asked them to remove the PPI, which they did. I have sent for the agreement, and received back what seems to be the norm...the application form. No T&C's, no APR, etc. I am still paying the monthly payment and have never defaulted. I am self employed, although I wasn't at the time I took out the 'agreement'. I have a few concerns! Does it seem possible to make a claim on the basis that there is no agreement? If so, what can I claim? All my money back? Do you think I should continue to make payments once I send my Subject Access Request? Do you think I will be able to claim the PPI even though I stopped it a few years ago(prob 2004), or should I claim it along with other rather than seperate? Any help greatly appreciated...as you can see i'm a little confused! Thanks

Hi Ive been reading through this thread and other m&s ones and was wondering if anyone can help me? Ive had my account with m&s since 1994 which was originally the chargecard account. They automatically sent the credit card when it was introduced. I have owed them approx 9.5k for as long as I can remember! A few years ago I asked them to remove the PPI, which they did. I have sent for the agreement, and received back what seems to be the norm...the application form. No T&C's, no APR, etc. I am still paying the monthly payment and have never defaulted. I am self employed, although I wasn't at the time I took out the 'agreement'. I have a few concerns! Does it seem possible to make a claim on the basis that there is no agreement? If so, what can I claim? All my money back? Do you think I should continue to make payments once I send my SAR? Do you think I will be able to claim the PPI even though I stopped it a few years ago(prob 2004), or should I claim it along with other rather than seperate? Any help greatly appreciated...as you can see i'm a little confused! Thanks

Hi Im claiming against Capital One, does anyone have a contact number for them? Thanks Emmtay

Just to bring this up to date; I received a phone call on thursday(29th march) from A&L.....a guy called Andy Benson, he offered me about 2k less than my claim, saying i can't claim back the £5 monthly O/D fees, or interest on overdraft, and he also said the 6 years I could claim back were only from the date I filed the claim, i.e 3rd March, to which I argued I was going off the data they sent me which was received on 5th December 2006! Has anyone else had this? I've not read about it on any threads. He said I could accept the lower figure and he'd send cheque, or I could see the list of charges they had produced, which is what I said to do. I received the letter and print out the next morning, friday 30th,(the deadline for judgement is 31st!....but it will be monday morning before I can file) asking me to phone him before the 31st! I phoned him friday afternoon, saying I was happy to deduct the £5 monthly O/D fees and small interest amounts which totalled £478 of the claim, but I was only claiming the 6 years from the data they had sent me, and not going to change the dates. He ended the conversation saying he'd speak to his manager! I did expect a phone call back to be honest, but haven't had one! Obviously its the weekend, but now passed the 31st! Do you think I should file the judgement first thing monday morning or make a phone call to him? Regards Emmtay Ps......Heard nothing from Barclays, and their deadline was also 31st! So will be starting judgement on them 1st thing tomorrow!

Hi Lizzy So you're in same boat as me then! Not had it from solicitors yet, filed by A&L! Oh well.......here goes! Emmtay

Hi, Alliance & Leicester have sent me a cover letter with a copy of the Acknowledgement of Service that they have filed!!? The Acknowledgement of Service says they intend to defend all of this claim! Should I be worried; or is this normal? Anyone had the same thing? Emmtay

Alliance & Leicester have sent me a cover letter with a copy of the Acknowledgement of Service that they have filed!!? The Acknowledgement of Service says they intend to defend all of this claim! Should I be worried; or is this normal? Anyone had the same thing? Emmtay

Thanks again!

Thanks Michael, just printed everything, posting tomorrow! How do I find the solicitors name and address? Will that be in the Notice of Acknowledgement? Kind Regards Emmtay

Hello Again! I've now filed all 3 MCOL's! Please can you tell me if I send the bank a copy of the charges with the interest added now? Do I send them a copy of my MCOL? If so, I can't find a template letter to accompany the schedule? Can you clarify I am to send 2 copies of the schedule of charges with template letter to court in Northampton? Thanks very much Emmtay

Hi, Lizzy, hope you hear this week then. Keep us posted! Claiming against A&L for nearly 10k and Barclays with 2 closed accounts, business account nearly 12k and personal 2k! Keep everything crossed for me! Emmtay

Hi, any news yet? Im also claiming for a business account; am just about to file MCOL. Good Luck! Emmtay

Thanks, have read loads, just wanted some reassurance! Will file MCOL straight away once calculations done!

Hi, Im new! Im claiming nearly 12k from A&L and 2 closed accounts with Barclays one personal for 2k, and one business for nearly 10k! I sent prelim to all, Barlcays two said have up to 8 weeks to reply and will get back to me! Unfortunately their late reply passed in post with my LBA, so I got a phone call basically telling me they were looking into it, but had got up to 8 weeks! Time is up from my end; do I file MCOL or wait?? A&L sent same letter reply to prelim and LBA, basically they're doing nothing! Do I wait the 14 days I gave them in the LBA or just file MCOL now? Also, Im crap with spreadsheets or anything like that, and have passed this to my Dad to help me with! I sent list of all charges and dates with both letters, but the adding interest bit goes straight over my head! I've been reading on here for 3 months and still can't grasp it! Can anyone put it into simpleton terms for me??!! Thanks for any help?? Emmtay