M&S Money what next please?

[delicarik123]

I sent a request for statement of account held by M&S only last saturday. Have received a letter from them this morning. which says:

 

Under the data protection act, may I advise you that before we can provide a copy of this information, which will be forwarded to you by recorded delivery, we need your signature of authority. Please allow 15 days for the processing of this request, commencing from our receipt of you application and your signature of authority.

 

If you wish to proceed with the request for a copy of this information please can you sign the enclosed form and return the pre-paid envelope provided.

 

Then they have just put a bit about ringing them for advice.

They have then inclued a Request for statement of account with my name at top and i can indicate which account i am looking for info on (I only have the one with them!) Then a space at the bottom for my signature but I am reluctant to sign.

 

Any advice appreciated please.

 

Thanks

[delicarik123]

Correction, must have sent the letter on the Friday as their letter back to me is date 18/10/09 which is the Sunday.

 

I am now sending them the following letter, is this the correct one to send please?

 

Dear Sir/Madam,

 

RE: Account NO XXXXXX

 

Thank you for your letter dated 18/10/2009 the contents of which are noted.

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78** request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on 17/10/2009 and the 12 working days for your compliance expire on 29/10/2009.

 

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.

 

Yours faithfully

 

XXXXXX (typed)

[Pumpkinhead]

Hi there

 

I've had exactly the same problem with M&S. See my threads. After applying for CCA in Feb it took until early Oct to get it out of them and that was only after I complained to the FOS. They had already defaulted me months before then and a week after sending me the documents have issued me with a County Court Claim Form.

 

I suggest you report them to the FOS straight away to get your CCA without a signature. I even had a letter from M&SFS admitting that a signature wasn't required.

 

Good luck.

Edited October 24, 2009 by Pumpkinhead
Extra information added

[Pumpkinhead]

I sent them the same letter you are proposing and it still got me nowhere

[delicarik123]

Thanks for that, i will send this letter anyway and see where i get, i am expecting nowhere but at least then i have given them a chance?

 

They have only got til this Thursday to send me my request, so i doubt they will do it anyway but hey ho lets see.

 

Thanks for your reply.

[delicarik123]

Account in dispute, and not heard a dickie bird! strange...not even request for payment

[delicarik123]

1-0 to me I think

 

Had a call this afternoon. Requesting payment, advised him account was in dispute, he told me i was doing myself no favours. I quoted him the relevant parts of my account in dispute letter which tells them that i do not have to offer payment and they should not be requesting it. He had to go speak to his colleagues. Then he tells me that they are processing it and that they have until 12th November to sort it, to which i replied, I don't think so the original request was made on 16th or 17th October and i do not have to give you the extra time to comply, you failed to comply by 29th October, and therefore my account is in dispute. He said well your 2nd letter was recieved on 29th October and they have given 2 weeks from then, I said well i have pointed out you had til 29th to sort it and you haven't, so account in dispute and i am not willing to offer payment. He told me then that i would get a charge, i said that was ok cos i would be claiming them baack anyway!

 

I managed to keep him o the phone for over 15 minutes lol

[delicarik123]

Ok

 

Received CCA ! I think lol.

 

Heading is ................. Application form!

 

Is this enforceable?

Will try and upload it, however i can read it, but even im struggling as it isnt the best copy in the world!

 

any advice appreciated

 

thanks

[delicarik123]

Hi

 

Can someone have a look at this for me and see what you think?

 

Thanks

Deli

 

 

[delicarik123]

Anyone had a chance to look at these yet? Just I am now being called by them again despite telling them not to call.

Have just spoken to them and they said they are legally entitled to keep my numbers on file and to ring me when they want in order to collect a debt? anyone know if this is true?

Edited November 10, 2009 by delicarik123

[seriously fed up]

Well quite clearly its an application form, so you could argue that s59 of the Consumer Credit Act renders it void. But I wouldnt like to go to Court arguing that alone. Other than that, the document is probably ok (the second page was impossible to read, but these agreements usually have the prescribed terms).

More importantly, what kind of M&S card do you hold now? Put another way, what type of card is this an executed agreement for (they suggest)? If your card is currently &more, and you signed nothing when they moved you to &more, then that is a very dodgy thing for them to have done. See http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/199747-help-court-papers-m.html.

As for the phone calls, if the account is in dispute, then no they shouldnt phone you. As they have sent you the executed agreement (as they see it) and you havent responded, they are probably not acting unreasonably just now. But, be warned, if you write back saying that as far as you are concerned it is in dispute (eg because they are using a chargecard agreement to support an &more card) dont expect them to agree with you. They will send out any old nonsense and say "in our view, that's fine" so no dispute. They (and I dont just mean M&S) really are a law unto themselves.

[delicarik123]

Thanks for the reply seriouslyfedup. As I see it then, this may be ok as it is a chargecard, was never changed to a credit card ( i presume that is the & more?) - hmm, just thinking i get &more points...need to check this out. Is the &more a credit card only? Sorry to sound a bit vague, feeling very rough at the moment.

 

Thanks again. I have asked them to remove my telephone numbers and that i wish to only communicate by letter, he said that they have every right to call me, will send them a letter about not calling me and see how i get on.

 

Deli x

[seriously fed up]

you will know which card you are on from its front - &more is a mastercard and will bear that logo. It would be better (for you) if they have transferred you, as the legality of that is very doubtful.

[delicarik123]

In that case, I think it is just a normal M&S chargecard, ahh well. Still going to go for charges !