Marks and Spencer Money req cca my journey MAZ

[cosalt]

Hi there, just thought I would sub in here.

 

Got another thread going on my M&S card

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/177370-marks-spencer-cca-request.html

 

I am still not sure what to send to M&S in response to the letter received.

[davey77]

Consumer Credit (Enforcement, Default and Termination Notices)

Regulations 1983 (SI 1983/1561):

 

3

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

NOTES

Amendment

 

Para 3: in sub-paras ©, (d) words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

 

I would SAR them now. As you probably know, they hardly comply within the time frame and it could take ages to get it out of them.

[BlueSquirrel]

I have an M & S default notice and it says you will be charged GBP12 for the issue of this notice. They are not allowed to charge for default notices are they?

Got a great letter after that

"It is your responsibility to phone us witin 48 hours...."

PARDON?

[alangee]

You probably got a Notice of Default, which they have to send out now if they add any charges such as late payment to your account.

 

Alan

[BlueSquirrel]

You probably got a Notice of Default, which they have to send out now if they add any charges such as late payment to your account.

 

Alan

 

They didn't give me 14 clear days to respond but otherwise it is almost a default notice in format

[Pab10]

Subbing.

Good Luck.

[cleo4patra]

cleo subbing - I have thread "M&S Money" - they defaulted me with dodgy DN - sent me microfiche scans of "agreement" along with half of someone elses as well!

[BlueSquirrel]

The second page of my agreement had a received stamp date on it that made it obvious it wasn't the exact other side of what I signed. I have found quite a few credit card companies are capable of time travel

[angel_1]

[I would SAR them now. As you probably know, they hardly comply within the time frame and it could take ages to get it out of them.

 

 

hiya davey and everyone

 

im thinking of sending the sar now but my dilemma is

 

m&s money is part of HSBC Group, and i have other accounts with HFC who also part of HSBC group, can i lump all these accounts in the same sar request thus only paying one 10.00 fee

 

but quoting all the different account number some which have been paid off in the past but have had charges

 

i was told once that as long as the same company you can do this, but cos of the hfc and m$s money different companies, but all under the HSBC umberella i think this should work,

 

done it for barclays and barclaycard you see my thinking

 

i will await on your kind advice many thanks laters angel x

[davey77]

My gut feeling is although you could probably get away with lumping all the S.A.Rs together, apart from the fact they may be belligerent in dealing with your request smoothly and although they come under the HSBC 'umbrella' as a whole.. it's probably best (and slightly more expensive i know) to keep everything as separate as possible.

 

1. It could get confusing getting different docs relating to different accounts in one batch. Especially if (as they are fond of doing) they leave bits out.

 

2. It could make them more aware of your several different accounts. I know they should know but it's often the case that the left had doesn't know what the right hand is doing and you don't want to give them more information than is needed.

 

3. Failure to comply with your several S.A.Rs could mean several complaints going off to the ICO individually which can only be a good thing for you to point out to a creditor (Court?) at a later date.

 

Others with more knowledge on the subject may say go ahead and do it, it's fine. I bow to their superior insight but this is just the way i see it at the mo.

[angel_1]

Thank you davey as ever very helpful

 

ive been mulling about it since i posted and you are quite correct too many at once does cause probs as ive had with another creditor, bank acc, and credit cards and all saying different things ie you havent paid your 10.00 but yes i have, to the bank acc where i sent my original request!

 

so i think i will follow your thinking especially since the m&s is the most important one at the moment the other accs can wait a while as they are closed accs

 

so im guessing i send it to their m&s address on the statements addressed to the Data Officer or something and Data section

 

thanks for clarifying my dilemma

 

catch up laters angel x:)

[angel_1]

hiya all - no paperwork only the statements with increasing interest etc, so awaiting on sars

 

constant calls

 

can i leave dogs having a nap until the 40 days are for what i get back from sars or before?

 

or should i still put a dispute letter in re legibility and also its an application form not a fully executed agreement?

 

i m thinking should do the dispute letter so its in my paper trail,

 

and then later do the cpr?

 

any offers gladly appreciated to sort my thoughts out thanks angel x

[davey77]

I would send the dispute letter. The application form is pre-contractual and does not contain the Prescribed Terms and those set of conditions (or what ever they are) are totally unreadable.

 

Yep, try it, see what you get back then decide on the CPR IMO.

[angel_1]

thanks davey

 

will be sending the disputed letter and that it is also inlegible - cool

 

will update as and when i get anything back

 

laters angel x

[almond]

just subbing, i cca them 3 weeks ago and send a default letter last week

had nothing back from them i do have my old thread somewhere but i still have trouble getting round this site

[angel_1]

hiya almond

 

thanks for posting, i know about trying to get around the site, its huge but with perserverance you learn something new everyday im still learning,

 

anyway to get to your threads when you read this message have a look at your message you posted click on your name almond on the left of the message it will then bring up another window, you need to then on the right click on show all statistics

 

then it will open up and to the left you will see posts started by almond or threads started by almond, click on threads to see all your threads in one window

 

----

 

they took a while for mine to arrive, however, have you now stopped paying them or not?

 

also did you have any charges on the account in the past, you might want to sar them with 10.00 postal order - im awaiting now on that too

 

any help i can give you pls shout laters angel x

[almond]

hi angel

yes stopped paying them , not sure about when i need to sar them? the account has been in default for a week now so i expected to have heard something from them by now

my account is 20 years old so think they could be in loft somewhere trying to find details? as if

will keep you posted

[angel_1]

hiya almond

 

no harm in sending the subject access request today, if you have the spare 10.00 - they have 40 days for them to send you ALL the info they hold on you and any accounts held with them, the cca to tell you the truth, will eventually arrive and as you have stopped paying them, in theory with you dispute letter they should stop adding interest/charges,

 

did you find your other threads? so you can update it with your latest stuff and questions and then others can view it too

 

laters angel keep positive

[angel_1]

hiya almond,

 

ive seen 2 threads for your ms account, here are the links below but maybe wise to ask a mod to merge your two threads together so that you can have a thread with your posts and others together - its much easier to follow for you and others and then i can sub to it and help you where i can - click on the red triangle when you go into your own threads and post up a message about merging your threads only if you so wish, its only my humble opinion - take care laters angel x

 

http://www.consumeractiongroup.co.uk/forum/general/185148-m-money-12-2-a.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/182112-m-money.html

[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

[almond]

hiya almond,

 

ive seen 2 threads for your ms account, here are the links below but maybe wise to ask a mod to merge your two threads together so that you can have a thread with your posts and others together - its much easier to follow for you and others and then i can sub to it and help you where i can - click on the red triangle when you go into your own threads and post up a message about merging your threads only if you so wish, its only my humble opinion - take care laters angel x

 

http://www.consumeractiongroup.co.uk/forum/general/185148-m-money-12-2-a.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/182112-m-money.html

hi

thanks so much, mods can you merge the two threads for a thicko ! me

thanks

[almond]

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

 

hi

would you suggest sending a sar or waiting to see what they do next?

thanks

[angel_1]

Thank you so much willow

 

just to clarify - only have asked for the Sars, not for the charges refund would not claim those if im disputing the cca copy but thanks for pointing that out will help others reading the thread.

 

also i understand by requesting the data on the sars, ive included a lot of things not just charges, if you get my drift

 

so im hoping if they do submit the same garbage via their sar and then produce something else before court i can challenge it, as i understand the whole point of a sar is that they MUST supply all they hold on you in the data - pls anyone let me know if ive understood this wrongly

 

so, disputing it, im going to see if any court action is next option from them and i will be defending the cca they hold and thats where i wanted to see at what point you got before they didnt persue it anymore or if you won actually in court

 

so im guessing you didnt end up paying anything, but how is your credit file affected, does it state defaulted and not satified, or did you get to remove the adverse credit

 

only reply in what you feel comfortable with i will understand and appreciate your help many thanks angel x

[almond]

just got my cca back this morning can't post since scanner is playing up

 

mirofilm printed on a a4 sheet of paper the copy is about 6in sq and

the second page is just my bank account details

1st page refers to charge card and a credit limit of £300

terms and conditions have been attached but thats from m&s credit card

the covering letter says

thank you for contacting us. I am sorry for the delay in sending you the requested information, which was due to a technical difficulties retrieving the document.

I enclose a copy of the original application form and the relevant t&c

then go on to tell me what i owe

We have complied with our legal duties under section 77& 78 of the consumer credit act and i trust that matters have now been resolved

 

can i ask what i send to them now

thanks

 

i have'nt done a sar since i don't get paid till tomorrow , what would you advise me to please i am stuck

thanks so much

[ajs444]

You have got much the same as I have, if you see my link under "other institutions" M&S More Money it should give you some guidance.