Busby1 vs Marks and Spencer Cca Sar

[busby1]

Hi all.

Have had to change name so starting new thread and hope this is the right place as still no set place for marks and spencer as far as I know.

 

So

 

Have cca'd and also sar'd m&s.

 

The cca they have sent me back is for a chargecard account. Any advice as to what should be my next move would be most wecome.

 

The sar they have sent me back is basically around 250 a4 sheets,one of which is a closing statement for the chargecard account(dated in 2003 when I believe they made all chargecards into credit cards).

 

The rest are just half pages of transactions made from then to now.Totaly incromprehensible to me but obviously mean something. They have supplied the odd page with a numbered list which I assume corresponds with some numbers hand written next to some of the transactions and account details on the pages.??????????

 

Now I thought a sar request should include all accounts you have had and any manual interventions etc.

 

As I also had a personal reserve account and I'm sure I had at least one loan with them I assumed these accounts statements etc would form part of the information that I had requested?

 

If anyone here has any experience or advice as to what I should do next please feel free to reply.

 

Thanks for now.

 

Busby1.

[busby1]

Hi all.

Have had to change name so starting new thread and hope this is the right place as still no set place for marks and spencer as far as I know.

 

So

 

Have cca'd and also sar'd m&s.

 

The cca they have sent me back is for a chargecard account. Any advice as to what should be my next move would be most wecome.

 

The sar they have sent me back is basically around 250 a4 sheets,one of which is a closing statement for the chargecard account(dated in 2003 when I believe they made all chargecards into credit cards).

 

The rest are just half pages of transactions made from then to now.Totaly incromprehensible to me but obviously mean something. They have supplied the odd page with a numbered list which I assume corresponds with some numbers hand written next to some of the transactions and account details on the pages.??????????

 

Now I thought a sar request should include all accounts you have had and any manual interventions etc.

 

As I also had a personal reserve account and I'm sure I had at least one loan with them I assumed these accounts statements etc would form part of the information that I had requested?

 

If anyone here has any experience or advice as to what I should do next please feel free to reply.

 

Thanks for now.

 

Busby1.

 

Is there anyone who can help please????

 

Thanks

[ajs444]

Hi Busby,

 

Quite a few people on this forum going through the same process with M&S.

I have thread under "other orginisations"

I have sent account in dispute letter to them, though it did not make much difference as they ignore it!

Also tried a CPR 31.16 as a legal requirement, still same reply.

Have escalated problem to FOS for their opinion and mediation.

 

 

 

Account number: XXXXXXXXXXXX

 

Dear Sir/Madam

 

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.

 

Account in Dispute

 

I wrote to you on 25th. November 2008 requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This was a legal request for information under Sections 77/78 of the Consumer Credit Act 1974. The statutory fee of £1.00 was enclosed with my original request.

 

The Consumer Credit Act 1974 and Agreement Regulations1883 are very specific as to the form and content of a regulated agreement and the Application form you have provided to date falls short of what is required.

 

Under the terms of the above ‘Act’, if a creditor has not complied within 12 working days of receipt of this request the creditor is in default, rendering the alleged agreement unenforceable until the request is fully complied with, or by a court order.

 

Both of these deadlines have now passed and due to the non-compliant reply in relation to the above request you have not discharged your obligations under the ‘Act’, and remain in default.

 

On advice from the Financial Ombudsman Service, I now require you to reply with your final response to comply fully with my previous request. The maximum timescale for you to give a final response to my complaint is 8 weeks. This time runs from the date of the original complaint, which in this case, is the date you received my original request on 25th November 2008.

56 days from this date will expire on 20th January 2009.

 

Should your final response not comply with all statutory regulations and pertinent sections of the ‘Act’, and be a true signed original copy of the alleged executed agreement – I will be left to surmise that no regulated enforceable agreement exists between us, and will ask the Ombudsman to instigate their investigation.

 

 

Whilst this account is in dispute, and remains in default – I should remind you that you may:-

•Not demand any payment on this account, nor am I obliged to offer any payment to you.

•Not add any further interest or charges to this account.

•Not disclose or pass on this account to any other party/agent.

•Not register any adverse payment history regarding this account with any Credit Reference Agency.

•Not issue a default notice related to this account.

 

 

Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and can not be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing, and will be vehemently challenged.

 

I await your final response to this complaint within 14 days of this letter, and would ask you include your proposed actions in the event that you are unable to comply fully with this final request.

 

Yours faithfully

[steven4064]

If you feel they haven't sent you everything they should, send them the DPA non-compliance letter from the templates library, specifying what else you require

[citizenB]

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