M&S Chargecard/credit card PLEASE HELP *** SUCCESS ***

[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 Subject Access Request?

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

[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 Subject Access Request?

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

Apologies for posting twice, but can't seem to find a heading for M&S anywhere?

[Rooster-UK]

Two threads merged.

Please keep to one thread per claim, or you will not know where to look for help advice.

[emmtay]

Yes, Im sorry again, I did admit I was unsure where to post this.

Any advice anyone?

[dx100uk]

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?

 

no. you can claim back any unlawfully charges+ resulting int though.

 

Do you think I should continue to make payments once I send my Subject Access Request?

 

sar has no bearing, you prob mean cca? if so and they have not responded with the required docs, then fire off the A/C in dispute letter & stop payments. though you will still owe the money, just that it is not enforceable till a cca turns up. p'haps offer token payment or a suitably reduce f&f offer.

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?

 

you will prob be able to reclaim the PPI, have a look at the stickies & info threads in the ppi section.

 

 

Any help greatly appreciated...as you can see i'm a little confused!

Thanks

Apologies for posting twice, but can't seem to find a heading for M&S anywhere?

 

 

dx

[emmtay]

Thanks dx

By unlawful charges plus interest, would PPI payments count?

 

I sent the one pound which they cashed and they re-sent the exect same application form, postmarked envelope but up to dat t&c's, so does this mean the account IS in dispute as its not an agreement?

 

Thanks

Emmtay

[seriously fed up]

if they dont send back the executed agreement (or copy) its in dispute. They (and I dont just mean M&S) will send you any old tosh. I got one which helpfully had the words "Application Form" printed at the top. One of the key requirements is the credit limit they set. The only reference to credit was the credit limit that I requested they set. Another lot sent me a pristine, glossy paper set of T&Cs and tried to tell me it was an executed agreement - clearly, even if only because it wasnt signed, it was nothing of the kind. But you will never get them to admit that.

Just a word of warning if you get a bit further down the line with M&S, after I CCAd them (and they sent me back T&Cs, statement of account and an asssertion that for the &more mastercard they didnt need another agreement as the Chargecard agreement would do - though they didnt produce that either) I have had court papers from them recently. They say they will produce the Chargecard agreement in court. So why not when I CCAd them.my suspicion is that

 

1. what they might produce will hold about as much water as a rusty colander with the bottom kicked out
   
2. they may very well abandon the case short of court - basically its just to test out how far they can push me. Whether or not this is true, only time will tell, of course.
   

Just a word of warning.

[debbbbsy]

Hi

I have a similar problem with Debenhams. When I CCA'd them they sent thru the application for my store card, about 5 years ago they changed it to a credit card. The card number on the application is completely different to the reference they are using on there demands.

But it did have my signature & at first I thought this woud be enforceable.

However, when they issued court proceedings, the Paticulars of claim referred to Clause 7 of my credit agreement, & there ability to charge interest. I checked the application they had sent & my documents Clause 7 was something completely different.

I challenged the ccj. Sent a CPR 31.14 request to the sols, & so far I have heard nothing.

 

Debs

 

Debs

[emmtay]

Thanks for the warning seriously fed up.

Will see what they come back with this time!

Emmtay:roll:

[emmtay]

Hi, Any advice please?

I sent SAR and received statements back to July 2003 (it changed from chargecard to credit card November 2003), so they sent me exactly 6 yrs.

Got yet again (3rd time !) copy of the application form, 1/2 sheet of t&c's, postmarked 'envelope' thingy!

Now the 40 days is up too, so have just done a LBA asking for all data from jan 1994 to june 2003, as the SAR is not limited to 6 years, and asked for 3rd time for AGREEMENT not application form, to be sent within 7 days.

Slightly worried that the LBA template says I will take them to court if they don't comply, as I was under impression for claiming PPI's the next step would be reporting them to FOS?

Another concern, should I be doing 2 seperate claims, one for unlawful charges plus interest and another for PPI plus interest, or can it be done as one?

Any help and advice greatly appreciated

Cheers

Emmtay

[ajs444]

Some people on this forum, probably with more experience than I, seem to think that if you go for Default/PPI charges refund, you are acknowledging the debt and that you are agreeing that the CCA is valid.

Would it not be better stating that the CCA does not comply with the law?

Beetle1234 & seriously fed up have had some success going down that path.

[emmtay]

Hi

Thanks ajs......yes, I hadn't thought about it that way.

I will look at their threads and have a good read

thanks again

[emmtay]

HHmmm......interesting reading!

Think I will wait to see what LBA brings,

Will post again when I get next letter!

Emmtay

[emmtay]

Hi

I have been posting on another thread re M&S card, but am wondering if I should, or could claim PPI back or stick to following in the footsteps of beetle1234 and seriously fed up re unenforceable agreement/application form, so thought I would ask for advise from anyone who could advise if they think I would have a case for claiming.

Here goes...

Signed up for chargecard Jan 1994, ticked the PPI box as employed for 2 months in a job, although prior to this had been self employed, and from June1995 until present have been self employed again.

I cancelled the PPI in 2006. The chargecard was swapped to the credit card in 2003.

From paying a couple of pounds a month for PPI on the chargecard, it escalated to over 60 pounds a month as the credit card balance grew!

I must confess, I never read statements properly back then, and it wasn't until 2006 when I started to see the balance was never going down, and I was paying roughly 250 a month d/d, that I noticed the PPI payments.

I phoned them and was told I could cancel it so I did.

I don't ever remember being informed that the PPI wouldn't cover self employed, although would they argue I wasn't at the time?

They would have known that I became self employed as whenever I asked for a credit increase/ or they increased it they look at employment status.

If they hadn't automatically sent out the credit card, and I had applied for one instead, I would have said NO to the payment protection, knowing it wouldn't cover me as self employed.

The wording on the application form does not say that self employed are NOT covered, if it had, I would have hesitated at ticking the box, knowing my plans for the future.

The amount of 64p per 100 pounds balance would have been 3.20 if the chargecard was at its maximum level I applied for, 500 pounds.

Does anyone think I have a valid claim? Would it be feasible to go to FOS and ask? Or would this jeopardise things?

Any help and advise very desperately wanted!

Emmtay

[emmtay]

Any Advise?

Please

[alanalana]

Any Advise?

Please

 

You will have to have a look here with reference to agreements being unenforceable.

 

Is My Agreement Enforceable - Useful

 

 

Multiple agreements falling within section 18 CCA 1974

[emmtay]

Hi everyone

This is the reply ive received

 

"I advise the requested personal information under the terms of the Data Ptorection Act 1998 was sent to you on 30th July 2009. The application form contained within the information sent is a true credit agreement.

We have therefore provided you with the original signed agreement for the above account. We have complied with the section 78 of the Consumer Credit Act. In particular we have supplied copies compliant with Regulation 3 (2) (b) of the Consumer Credit (Cancellation Notices and Copies and Documents) Regulations 1983.

We have provided in good faith all the information we are required to provide under sections 77 or 78 of the Consumer Credit Act 1974.

Please be advised this is a minor matter and should we request a court to enforce the agreement we are confident that they will do so.

We have examined this agreement and account and are satisfied that we have a legally enforceable agreement and this, at the least, is evidenced by your use of the account and receipt of the credit funds."

 

Any help with my next move greatly appreciated!

Thanks

[citizenB]

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

[emmtay]

Hi, Can this thread be moved to PPI section as I am persuing the PPI refund on it, and then I can update it?

Thanks

Emmtay

[citizenB]

emmtay, have moved you to the PPI section as requested.

[emmtay]

Hi, thanks for that citizenB.

I decided to go after PPI as this is quite a whopper! I started this in January.

The store card goes back to 1994, so even though it was only a 500 limit, and I had to estimate the charges for the years they didnt send me,with the interest added it works out to be quite a serious amount of money! I cancelled the PPI when I discovered it in April 2006.

They made me an offer of 2188.76 in full and final settlement as a gesture of goodwill, ex gratia payment, without accepting the allegations, blah,blah.

As it is before they were regulated, I got their insurers at the time of the store card starting as Cornhill.

Put it with FOS in May.

Still waiting for it to allocated to an adjudicator!

Is anyone else claiming against M&S for PPI? Would be interested to know how its going with others?

Emmtay

[emmtay]

Anybody else claiming PPI from M&S?

[emmtay]

Guess I'm on my own with this one then!

[emmtay]

Still No-one?

[emmtay]

At last!! I have today had the letter I've been waiting for for over 2 years! The FOS have agreed that Allianz Insurance Plc have to pay me!! I have to now wait for the figures, and will update this again when I finally get MY money

Emmtay