Miapia -v- M & S

[miapia]

Hi Everyonei am also in same position with m and s. they will not supply me with the credit card agreement after it changed from chargecard.Can anyone advise is there template letters to send them and also to Rockwell who have been harrassing me non-stop.would really appreciate all the help i can get.at my wits endmiapia

[miapia]

Hi again everyoneif anyone has any templates to send to M and S for credit agreement and not chargecard agreement and for their the dca Rockwell would be very grateful.thanksdesperate and iratemiapia

[slick132]

Hi Miapia,

 

I've moved your posts into your own thread to avoid hijacking Cleo's thread.

 

Have you already sent M&S a formal request for your credit agreement with the £1 fee - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter If not, do so now as you have to use the proper process before taking further action.

 

If you've already done this, how did they reply and did they send anything, eg Terms & Conditions.

 

When we know this, we can advise on how to d/w Rockwell.

[miapia]

hi

 

i sent the formal request for the credit agreement to marks and spencer and they sent me back a credit agreement for the chargecard and not the credit card that i requested. they had changed my storecard/chargecard over to a credit card without my permission. they have stated that this is the agreement that i requested and that they do not have to send me anything else. they have put defaults on my credit report even though the account is in dispute. their debt collection agency keeps demanding full payment of the debt even though they have not produced the agreement i asked for.

 

any advice would be great

miapia:)

[slick132]

Hi Miapia,

 

If the chargecard account was superceded by a credit card without you requesting it, it would seem that the earlier agreement is the only one they have.

 

Can you post it here so we can take a look. Use Photobucket - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

[miapia]

Hi

 

just had another letter sent stating that the application form for the chargecard is enforceable and they will proceed to collect payment from me. Is there something else i can send back to them demanding that they produce evidence of the credit card agreement and not the chargecard agreement.?

they make you very angry:mad:

 

thanks

miapia

[seriously fed up]

what they will do is to insist that the chargecard agreement "supports" the &more card - it was a simple transfer. The fact is that its very dodgy. Have a look at http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/199747-help-court-papers-m.html

[miapia]

Hithanks for you reply. is there any other letters that i can send them to obtain my credit agreement for the creditcard. or do i take them to court next? bit confused. any help appreciated.thanksmiapia

[seriously fed up]

I think you have probably touched on it yourself by suggesting asking them for the &More credit card agreement.

What you might do is send them a letter asking for a copy of the documents they would rely on to enforce the &more card. The likelihood is that they will say they have already done this - the Chargecard agreement. In that case, I would write back to tell them that you dont consider they have met their S77 obligations for the &more card and that until they do you consider the account to be in dispute. That puts them in the situation of either

 

1. backing off - probably, sadly, unlikely
   
2. continuing to badger you without doing anything much except causing hassle - no they shouldnt do this, but they will say that they dont recognise a dispute and so they are only engaging in the collection activity they are permitted to
   
3. taking you to court for enforcement, which in my view is fraught for them, particularly if it does get to Court and they lose as then there would be a precedent and think how much they will be out to everyone they transferred to &more without as much as a signature.
   

Of course, you could yourself take M&S to court, seeking an order that the account is not enforceable. Personally - and I would emphasise that this is only my own view - I dont think that is a smart move. You are putting them into the same position as in option 3 - they wont be able to afford to lose, so its going to be anything but a walk in the park.

I would suggest writing to them, arguing that the Chargecard agreement is not what you asked for - it was the &more executed agreement. Dont go into a lot of detail - dont sketch out the argument. Just express surprise that having CCAd them for an &more card, the documents for a Chargecard came back - different card, credit limit, t&cs etc. So please send me the &more agreement which is what I asked for. We all know they will say in reply that they will rely on the Chargecard agreement and when they do, frame it and put it on the wall. M&S will then be in the position of having to chose between 2 and 3, with the former being toothless and the latter unlikely to secure success. Just dont expect that they will ever agree with you (if you have a look at my thread, even running up the white flag wasnt because I was right, but a matter of commercial judgement) or that it will be easy. Its like a gunfight in one of the old cowboy movies - the one who blinks first loses.

SFU

[miapia]

thanks SFU.

 

I will send them another letter requesting agreement. seems like just going round in circles!!!! will post when received reply.

 

many thanks again:)

[seriously fed up]

OK, let us know how you get on. Just make sure they understand that its the &more agreement that you are after and not the Chargecard agreement which they have already sent. Act daft, wonder why they sent the Chargecard agreement

[PRBrown]

Keep at them. There are some excellent posts here about M&S and what has happened with those who have queried the Chargecard/Credit Card mess.

 

I'm in the process of a letter to-and-fro with M&S over exactly the same thing. They will insist they were right, that the agreement is enforceable, and that you should pay. Just counter what they say with the appropriate case law that you will find here and hope they finally see sense (but don't hold your breath).

 

I like keeping communication going, even if it is just to counter their arguments and waste their time. I'm starting to feel (maybe wrongly) I am getting somewhere with them, and hopefully you will do the same. I haven't been dismissed with a "we've fulfilled our obligations under s78 so go away" letter yet, and my letters are getting responses to the specific points I make so someone is taking time with an individual reply. If anything of interest happens I'll be sure to let you know.

[slick132]

Hi Miapia,

 

When writing to them, make it clear that you are writing further to your original CCA request. Point out their failure, so far, to comply with the request, so they cannot ignore your letter on the basis that it is not a formal CCA request.

 

You haven't yet posted here a copy of the agreement which they sent - this would be useful to see.