Marks and Spencer Money req cca my journey MAZ

[hellhasnofury]

Hello Maz and Goldlady:grin:

 

I have experience of the good old "have faith in our Company" M&S:rolleyes:

 

Unfortunately I found them to extremely unsympathetic to my personal circumstances, after being a good customer for many years. Even though I was paying them a reduced payment via payplan, they immediately defaulted me and sent my account to moorcroft the dca:rolleyes:

 

Sent for the sar to reclaim back charges and once I received it, it opened up a minefield.

 

As you have stated goldlady they send your application form for a store card, which has a different account no to the credit card account which they upgraded you to(without your consent) by the means of sending you a mailer:eek:

 

This account I have with them in in dispute, and I have held them at bay for 18months now. Although they did pass the account on to two further dca's, they disappeared very quickly after receiving letters.

 

I have asked them to take me to court and I am still waiting for them to issue a summons to me, so I can defend and counterclaim:-D. That was over a year ago

 

This is a very interesting piece of information regarding the upgrading of the original store cards to the credit cards in 2003.

 

Consumer advice

Marks makes sparks

Richard Dyson, Mail on Sunday

24 September 2003

THE financial arm of Marks & Spencer has become the first major company to break the Banking Code, the voluntary rulebook agreed by the banking and credit card industry.

 

precedented move: Laurel Powers-Freeling

M&S Money, which is poised to launch its '&more' credit card business in the next fortnight, has ignored the rule that forbids lenders from sending cards to people who have not asked for them.

Within days, M&S will post its new MasterCard to 2.6m people. In all but a handful of cases, the recipients will not have requested the cards. Instead, they will be targeted because they are on the company's database of five million store card customers.

The move, seen by rivals as unprecedented and extremely aggressive, will at a stroke transform M&S into Britain's sixth-biggest credit card company.

Up to £4bn of fresh credit will be offered to consumers who have not asked for it.

The Banking Code has been drawn up and modified over several years to promote good practice and fairness to consumers. The code clearly states: 'We will send you a card only if you ask for one or to replace a card you already have.'

M&S's card launch is being overseen by Laurel Powers-Freeling, formerly of Lloyds TSB and now chief executive of M&S Money.

She says the new &more cards are simply 'replacements' or 'upgrades' for existing store cards. But in practice, the cards are completely different - store cards can be used only in M&S shops and typically impose low spending limits.

The new cards can be used anywhere and the average spending limits are likely to be at least doubled, according to M&S.

The code is enforced by the Banking Code's Standard Board (BCSB), which is now in an embarrassing position. In private, it has expressed concern at M&S's tactic. But publicly, it is allowing M&S to wriggle off the hook because the code is not set to apply officially to M&S until next summer.

BCSB chief executive Seymour Fortescue says: 'M&S is still in the process of applying to subscribe to the code, so we don't yet have official jurisdiction over its activities. Only when it is fully covered can we force it to comply.'

M&S's move, coming as card issuers face increased scrutiny from MPs on the powerful Treasury Select Committee, has also plunged the High Street giant into political hot water. Vince Cable MP, the Liberal Democrat industry spokesman, has called for all uninvited offers of credit to be outlawed.

Of M&S's card launch, he says: 'It is unsolicited debt promotion by any other name, whatever the company says. It's very dangerous.'

And he warned: 'If and when the current economic bubble bursts, a lot of people will find themselves in difficulties. M&S will have a direct responsibility.'

An M&S spokesman said: 'We are offering existing customers an improved service. We are not sending cards to people with whom we have no relationship. Our credit limits are extremely prudent. We can say, hand on heart, that we are a responsible lender.'

 

:grin:

 

 

 

[hellhasnofury]

Interesting hhnf:D. I don't remember reading about that at the time but I do remember suddenly receiving the new card without being asked if I wanted it. Suddenly a storecard with a £500 limit became a credit card with a much higher one. Hmmm.

 

Have written to complain about the default and have even said in the letter that I hope they haven't suddenly added the interest to inflate the value before selling the debt on:rolleyes:. I shall let you know what they say.

 

Yes indeed Goldlady, very interesting to say the least.

 

Marks and sparks are still in breach of my ca request, I have refused to accept that a store card application for a differing account, which according to my credit file entry appeared to have been settled in 2003, is the credit agreement for this alleged credit card account. Are they barkers:lol: they state the mailer they stated they sent was a credit agreement:eek: They even sent me the a copy of the template mailer to show me what it would have looked like

 

They did set moorcroft, fenton cooper and Rockwell dca to chase me, but they all went searching for cover (back under their stones) when they received my letter regarding harassment and to refer back to m and s and that is where the matter has stayed.

 

I have a harassment file, about 3ft high, waiting for their next move:lol:

[hellhasnofury]

hiya all a bit of an update

 

got something like an application from ms and some terms, will try and scan up in a bit

 

im due to pay them soon this month, and ive missed last months as its taken ages to get my cca back

 

it dont look enforceable to me, maybe complied with the cca act but i will await further advice once ive scanned

 

laters angel x

 

Hello Angel,

 

Can't wait till you post it up:grin: as I must confess I have never seen a enforceable agreement from M&S.

 

Poor M&S they are riding on the back of ignorant customers in the 2.5 million upgrade credit cards they sent out on original unenforceable pre-contractual application forms.

 

They need to get everything they deserve, due to their greed:mad:

[hellhasnofury]

Hello All,

 

I believe they are on a hide to nothing and they know it. They will undoubtly refuse to be honest, because they do know they do not have a leg to stand on. They will blatantly misrepresent their legal standing on the matter in an attempt to cover up, what they can and cannot legally do:mad: They will threaten you with all sorts, and if you stand up for yourself and give them a bit of legal arguement, I consider that they realise you know what you are talking about and eventually leave you alone, they will go after some other poor customers who may buckle, due to their ignorance of the law.

 

they will refuse to remove the default, but that of course will be another arguement.:grin: When I get around to it.

 

Stand strong with them and fight back:D

 

They will insist that the unenforcable illegible pre-contractual application form that you filled in for your STORE card is a enforceable credit agreement for the credit card they mislead you into accepting.

 

Naughty Naughty:rolleyes:

[hellhasnofury]

Received a letter from rockwell - they are now going back to M & S for more info

 

Hello Cleo,

 

I do hope that you have reminded rockwell as a Debt collection agency they have a legal responsiblity to ensure they follow the oft guidence, and if they don't you are going to report them, and of course you must.

 

They will state that they have acted in good faith, based on the information M&S have provided. Tell them anymore harassment from them regarding this disputed alleged account and they will get themselves into serious trouble:grin:

 

They will probably pass the account to Fenton Cooper who are basically the same company, and then you can give them what for:grin:as well.

 

Send another complain to M&S regarding this pack of hounds they have sent to harass you and scare you into paying monies whilst the account is in serious dispute. Don't forget to inform them that they have unlawfully passed your personal details to a 3rd party and this is a serious breach of the dpa8-)

 

Stand firm and give them Hell and then some:grin: