Marks and Spencer Money req cca my journey MAZ

[BlueSquirrel]

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

I got the same letter about "technical difficulties" but they only sent an application form. I queried this on 13th November and they have since ignored me but have gone on to default me and then terminate the account. I sent an SAR on 1st Feb and am still waiting,

[cleo4patra]

I got the same letter about "technical difficulties" but they only sent an application form. I queried this on 13th November and they have since ignored me but have gone on to default me and then terminate the account. I sent an SAR on 1st Feb and am still waiting,

Have you checked the validity of the default notice - they sent me DN but haven't allowed for days of service ie: 1st class date of service is two days after date of letter or postmark - 2nd class four days later

cleo

[almond]

I got the same letter about "technical difficulties" but they only sent an application form. I queried this on 13th November and they have since ignored me but have gone on to default me and then terminate the account. I sent an SAR on 1st Feb and am still waiting,

 

hi

mine is an application form and i can't read what it says at top right but

something about ppi and a charge of 54p-64p on a balance of £100 then says see overleaf condition 2. well i have no overleaf and the only other pages they sent wer t&c for m&s credit card (present) and the page with

my bank details on.

would you advise i sar them or did you send a letter saying it was an application and part was missing, i know i read somewhere about keeping quiet that they are sending cca for our storecard and not the credit card

but i am getting confused HELP

thanks

[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

[ajs444]

They don't even seem to respond to a CPR 31.16 request ,they appear to be totally clueless.

[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:

[angel_1]

hiya all update of sorts

 

 

not been able to update here for a while but am back now

 

 

few weeks ago sent dispute letter and then have had a letter from inhouse solicitors i think, that i must call them or someone coming a knocking

 

so i ought now sent appropiate letter;)

 

laters angel x

[emmtay]

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

[cleo4patra]

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

check out my thread http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/168827-m-money-4.html

[emmtay]

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?

[cleo4patra]

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

[angel_1]

hello cleo and everyone since i last posted

 

wow, this is another journey i must tackle this weekend,,,,to tell you the truth they keep adding interest on and ive not heard anymore after i got the cca,,,cant even remember right at this moment if i ever got around to disputing it,,,, (( my friends house eviction over past few weeks have taken my time which thankfully we got sorted in the end for her))

 

im in the throes of sorting out my office and got more folders etc and am making a huge effort in getting things to an upto date scenario,,,,

 

so gosh cleo rockwell..never heard of them guess i will soon too,,,

 

once ive got myself sorted promised to update myself on your own threads too everyone and thanks for looking in,,,

 

appreciate all your posts i really do thank you

 

have a fun eve laters angel x:cool:

[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:

[alangee]

Got my reply back from M&S regarding my enquiry about securitisation of my card. They said,

 

We do not propose to enter into discussions regarding whether or not this bank engages in securitisation.

 

This is our full and final response regarding this issue.

 

I guess their coyness means they do securitise their cards.

 

Alan

[angel_1]

hello everyone

 

thank you all still posting on my thread my sincere apologies have not been well past few weeks and i must do something on this thread

 

so guessing have to read back my notes and see exactly where im at and then i will be back for your advice

 

huge thanks in keeping me motivated on this

 

cheers angel x

[WelshMam2009]

hello everyone

 

thank you all still posting on my thread my sincere apologies have not been well past few weeks and i must do something on this thread

 

so guessing have to read back my notes and see exactly where im at and then i will be back for your advice

 

huge thanks in keeping me motivated on this

 

cheers angel x

 

 

Hi Angel...hope you're feeling better now hun!!

 

Best wishes as always...

[citizenB]

Thread moved to the newly opened M&S forum:grin:

[Elgrand]

Hiya Angel,

 

I hope you are well?

 

Great thread with lots of useful information.

 

I've not long received my Apllication back from M&S and it's almost the same as yours, except no "Tear Here" lines on the top and the direct debit part is missing from the bottom.

 

On mine the box for their authorised signature has something printed that looks like symbols, not a signature.

 

The terms they say are applicable were sent seperatley and not like yours that they implied were on the back.

 

Take care

 

Elg.

[angel_1]

Hi Angel...hope you're feeling better now hun!!

 

Best wishes as always...

 

hiya welshmam thanks just seen this reply of yours

 

am getting back and hoping to be back with a vengeance now

 

hope to catch up with everyone this week take care laters angel x:)

[angel_1]

Hiya Angel,

 

I hope you are well?

 

Great thread with lots of useful information.

 

******

Many thanks to the caggers who have posted im just learning from them too******

 

I've not long received my Apllication back from M&S and it's almost the same as yours, except no "Tear Here" lines on the top and the direct debit part is missing from the bottom.

****

So we have very similar hmme,,, well we shall soon see if i get to see anything else they supply in court - pretty soon if im forced that way ****

 

On mine the box for their authorised signature has something printed that looks like symbols, not a signature.

 

interesting im sure other caggers will comment on this pls

 

The terms they say are applicable were sent seperatley and not like yours that they implied were on the back.

 

yes what they say of their implied terms i will challenge them to let me view a copy of the original readable copy of the agreement then we shall know one way or another so will update you all dont worry

Take care

 

am on the road to recovery and boy am i ready for a fight, lol you take care too laters angel x

Elg.

 

 

thanks angel x

[angel_1]

hiya guys

 

this has progressed pls see the next thread ive created

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/214191-hsbc-solicitors-northampton-claim.html

[cleo4patra]

thanks angel x

Hi - I have separate thread on M & S so not hijacking - I wrote to them twice asking for original be made available to me (due to other M & S customers receiving exactly the same as me) - they completely ignored this request and set Rockwell onto me - Rockwell have now closed thier files and sent back to M & S after I revelaed what M & S had done!!

[angel_1]

hiya cleopatra long time how the devil are you?

 

ive had a couple of bad months illness but im now back with gutso,,,lol

 

will relook at your thread too now thanks

 

you seen my other thread now too with the court action? put the link on a previous post of mine

 

take care catch up laters thanks for looking in

 

angel x

[cleo4patra]

hiya cleopatra long time how the devil are you?

 

ive had a couple of bad months illness but im now back with gutso,,,lol

 

will relook at your thread too now thanks

 

you seen my other thread now too with the court action? put the link on a previous post of mine

 

take care catch up laters thanks for looking in

 

angel x

which trhead please?

[cleo4patra]

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:

Well - have now received another letter from rockwell saying files closed - have now recieved letter from M & S "strongly advising you seek legal advice ..... agremment enforceable etc" will be writing asking for a third time for original be made avauilable to me to look at!!!