Marks and Spencer Money req cca my journey MAZ

[willow1261]

HI angel

Looking over your thread as requested.

Your application is a pre contractual application form in as much as i can see, as it is not very clear. it is in a slightly different format to mine, but looks simular. My account went straight to their in house solicitors who ignored my CCA request and filed straight away in court. ( obviously upset them somehow!!) I never did a subject access request, as i wanted to go down the unenforceable CCA route. You cant reclaim charges on an account you are saying is not legally viable and that you dont acknowledge for that reason in the first place. If you go to court a judge will question why you are not acknowledging the debt, but on the otherhand you are trying to claim charges back on said debt that you are not acknowledging. ( if you get my drift!)

I think the detail in your agreement is more or less the same as mine. I couldnt make any dates out, but mine was 1997. As part of my defence in court i sent them a CPR letter, which meant that legally they had to give me all the documents that they wanted to rely on in court. Thats how i got my agreement in the end. They were also unable to provide my default notice as they dont keep their copies!!! This was less that a year old!!

I believe that they went for court action so quickly because they knew that the agreement they had for me and default notice were useless to them, and therefore they tried to bully and panic me into submission hoping i wouldnt know my rights or request them in court?!. In the end i tied them up in the legal processes and made THEM pay!! They made it easy for me as solicitors, because they broke so many laws, rules and regulations on the way. They thought the law didnt apply to them,!!!! In the end it didnt go all the way, and they never even tried to get me near a courtroom. They ran away after 3 strongly worded letters.

M&S MONEY £0 WILLOW £12100 better off!!

hope this helps

Willow x

[willow1261]

Hi angel,

I didnt pay them a penny after i cca'd them. As for defaults , i am sure they will be on my credit file but as yet i have not checked. it is my next big thing to do. they did not have the correct legal documents ( valid cca agreement or correct default notice) to go into court, therefore any defaults on my credit record are not legal. However i am sure it will prove tricky to get them removed, but i will be making a start soon. i am currently researching the subject!!

I would wait and see what they throw at you next before you decide your next move. if you go to court you will order them to comply with a cpr request which more or less gives you the information a sars request would but without the £10 fee.

hope this helps

Willow x