M & S Reserve CCA request what now?

[Gimme Money]

Hi There, I Hope you can advise me what to do now with a CCA challenge against M & S

 

I am currently making them reduced payments and they have frozen the interest and I have apparently defaulted on the agreement.

 

In December 08 I used 'Oasis' Claims Company to challenge this loan agreement with M & S. Oasis were charging no fees, but have now pulled out of the CCA aspect of their business, their clients me included have been sent all the correspondence. So, I am hoping that I can deal with it myself as I cannot afford to pay fees to any other claims company. I assume that I can take over the claim as Oasis were just 'representing' me.

 

They originally wrote to M & S on 06/12/08 requesting a true copy of my CCA. They seem to have done it correctly and sent my 1.00 pound cheque. M & S did respond on 03/01/09 with a copy of the application form and the terms & cond but no CCA. Both are fairly illegible.

 

Can you advise me what to do next? Are they now in default and if so should I stop paying them while there is a dispute?

 

Thanks. Gimme Money

[supasnooper]

You would need to put the account "into dispute" before you can stop payment.

 

You could send this letter -

 

Dear Sir,

Thank you for your response to my letter dated xxxxxx 2008, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

I draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

Yours faithfully

Print your name

Amend to suit, do not sign, send by recorded Delivery

[Gimme Money]

Hi Supasnooper,

Thats great thanks for the reply, I think I understand all that. Would it correct to write to all the Credit reference agencies advising them that I am in dispute with M & S and that they should not be registering information regarding my account?

Thanks.

[Gimme Money]

Hi Again,

 

I noticed from one of Steven 4064 postings, http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

that a lender is NOT required to provide a copy of a CCA on a credit card agreement, a copy of the terms & condition is sufficient to comply with the act. I'm really confused, so should I continue with sending the letter above? Its obviously important to try and get the CCA to try and establish if there are any breaches in the actual agreement, but aren't they going to just tell me they have complied?

 

Thanks Gimme Money

[supasnooper]

What steven4064 is pointing out is the fact that under s77/78 the creditor can provide an agreement that omits certajn details. H

 

However, as you have requested a sitrue copy, the creditor is in default of your request.

 

You can indeed write to the Credit reference agencies asking them to stop processing your data.

Edited May 19, 2009 by supasnooper
typo

[Gimme Money]

Hi Supasnooper,

 

Thanks for the reply and clearing that up. I'll get on with that today. I looked at the library for a letter to send to the credit ref agencies, but there dosent seem to be one can you suggest a template?

 

Thanks again for you help,\

 

Regards,

 

Gimme Money.

[Gimme Money]

Hi Supasnooper,

 

Can you or anyone give me some more advise.

 

I have send the CRP request using a template from above. I had a response on 16/06/09 from M&S telling me that they have complied. The previously sent me a copy of the application form which was illegible and a copy of terms & cond. They also advising that this is their final response.

 

So, I have now complained to FOS, complained to my Local Trading Standards, (I have a meeting with them on 16/07/09) will post outcome later and have emailled my MP & AM (I live in Wales)

 

I'm quite happy to take this all the way to court, but I want to do it correctly. The debt is under 3K so should I put it through the small claims court?

 

I guess the next stage is sending a LETTER BEFORE ACTION using the CPR rules. I've spent hours reading various posts, there are some templates on the site, but I'm a bit unsure about my specific case, so can anyone suggest a letter for me to send?

 

They have defaulted me; I am on reduced payments & no interest.

 

1/ I want to threaten court action for disclosure (CCA agreement) but what do I quote?

2/ I want to advise them that I believe they don't have a enforceable agreement.

3/ I want to tell them to stop processing my data (but I understand that you need to need to deal with the unenforceable issue first)

4/ Steve 4064 pointed out: that if a lender send the terms & conditions and application form then under the CCA rules the account is NOT in dispute. They have complied, but the agreement is unenforceable as they have not produced an enforceable agreement that has all the prescribed terms, signature etc.

 

All a bit complicated for a non legal brain!

 

Hope you guys can help GM

[citizenB]

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