M&S chargecard - help if you please?!?

[Harrassed09]

Morning all Caggers!

 

I have received my M&S application form and assumed that it was compliant but now reading for the entire day yesterday I am not so sure, perhaps our more learned friends might assist?

 

My correspondence with M&S started with a PPI claim, which they choose to ignore, and I asked for my CCA at which point they threatened to default me?!? I have asked for a reduciton in interest over several months and they have not been very helpful, I have now made less than minimum payments for the past 2 months.

 

They have ignored my PPI and charges claim (for the time being) and sent a default notice dated 10/10/09 for payment of arrears (not sure arrears figure is correct) by 23/10/09

 

I have read up on DN's and feel this is not valid, I am not sure my enclosed CCA is enforceable, the net balance after deducting my PPI and charges claim would be around £400.

 

IF my CCA is not enforceable AND my PPI claim is valid then I would like to be cheeky and offer say £100 in full and final settlement?

 

Is this likely to be accepted? Has anyone else had a similar situation with M&S.

 

BTW my current card is still a chargecard not a credit card as I cleverly/foolishly told them at the time I did not want a credit card!

 

Any assistance greatly accepted

 

Thanks

M&S page 2.doc

M&S page 3.doc

M&S page 1.doc

[delicarik123]

I hope someone is along to help you soon as i am interested too, i am waiting for my documents to be sent to me.

 

good luck

[Philip23]

Very similar to the documents received for my mother. I don't think they are enforceable - but am no where near as knowledgeable as some on the site.

 

Am subbing with interest.

[Harrassed09]

Thanks for your support!

 

ANy experts out there can advise? Would be brilliant if you could!!

[seriously fed up]

First of all there are many with more expertise than me. I am just giving you my best guess having been over the ground with m&S over the summer.

I would guess that the documents you have posted are two sides of the same sheet of paper. If that is correct, then I am afraid that this is bad news, as a court may take the view that while your signature is not on a page that contains prescribed terms (credit limit etc) these are covered on the other side. So they may well take the view that your sig and the terms are within "four corners". Basically the process is supposed to be that you read all the details and then the last thing is that you sign. In the real world of course, you get one of these "mailers", fill out the biog details and never look at the T&Cs on the back. But, I dont think that's how a court would look at it .

There is though, one thing that others may care to comment on and that is the legibility of the document - not sure how much this is down to your scan, so

 

1. what did they send you - was it a back to back original, or was it form with T&Cs on another page. If the former,then that is bad news. If the latter you might want to argue that the two documents have no relationship to each other (that has been done), but I think in this case it would be difficult
   
2. how legible was it. Its just about legible, but they have probably had this on a microfiche, so it might be the best they could do.
   
3. Putting it on a microfiche would also suggest that they dont have your original, and they will need that if it got to court. They will deny this of course, and you wouldnt find out for sure till the point in the case where the two parties have to put their documents "on the table" so to speak.
   

I am sorry I cant be more positive. Maybe others will have their own ideas.

Edited October 26, 2009 by seriously fed up

[Harrassed09]

Thanks for this SFU!

 

I did think originally the CCA was enforceable

 

The DN expires on Friday 23/10 and was dated 10/10 therefore it is invalid I feel

 

Just waiting for their 'termination' notice and then will advise them DN invalid, PPI outstanding and request charges

 

Not sure what else I can do, really want to tidy away

 

If I do offer F&F does any one have any views as to the amount in % terms I shoudl start with

 

THanks

 

even more Harrassed 09

[seriously fed up]

Not a big expert on DNs, but I do know they need to give 14 days, so it would look like its not compliant.

What percentage of the debt is the value of the PPI that you might reclaim + charges (I assume you mean things like late, overlimit etc). If that was high enough, you might be able to offer them a deal that they will write off the debt and not proceed against you, if you agree not to proceed against them for PPI and charges. You could ally that to the faulty DN.

Dont bet on it though. I have one card where the charges are 200% of the debt and the best they will offer is about 40% of the debt. Remember rule 1 - the creditor is never wrong. Rule two - when the creditor is wrong, Rule 1 continues to be asserted. I will have to take this lot to court.

If you are going to offer a F&F start low, but

 

1. start low and be prepared to be bid up the way
   
2. remember the value of your PPI and charges and ALWAYS include them in your calculations of what - beyond them - you might be prepared to pay to get rid of them
   
3. dont rush at it - let them hang themselves on the DN so that you have the legal "high ground". Some might argue to let them proceed and not offer a F&F and they might well be right. On the other hand, the law is always uncertain, and for some people to be avoided at all costs. So if you can avoid it, you might want to think about it.
   

[Harrassed09]

Thanks SFU - very sound advice - thanks for your time

 

I will wait for their response to the end of the default period, I assume it will be passed to an external debt collector

 

I am a chicken and would like to offset, think there is around £400 left on the card should the PPI and charges be offset, was thinking of starting at 10% but as you say, may let them wait

 

Slow and steady wins the race??!

[vint1954]

Thanks for this SFU!

 

I did think originally the CCA was enforceable

 

The DN expires on Friday 23/10 and was dated 10/10 therefore it is invalid I feel

 

Just waiting for their 'termination' notice and then will advise them DN invalid, PPI outstanding and request charges

 

Not sure what else I can do, really want to tidy away

 

If I do offer F&F does any one have any views as to the amount in % terms I shoudl start with

 

THanks

 

even more Harrassed 09

Hi Harrassed,

 

It is dificult to read. Was the original copy like that.

 

It looks like a microfichd document, so they would have to produce the original to enforce it. Are you able to post the scans as jpeg's.

 

Basically, you need the prescribet terms within the signed agreement. APR, credit limit or a term referring to it and payment schedule, how much and when.

 

If you come back with some more info, we can look again.

 

The DN is faulty, but keep that to yourself for now, even if you get a termination letter.