CCA APPLICATION Form.

[pabrmu]

Hi All,

Applied for CCA on 16/10/09 and received the usual letter asking for signature and a further letter to sign and return to them:

http://i343.photobucket.com/albums/o473/pabrmu/MS2.jpg

It is interesting to note that they say in the last paragraph " I wish to apply for a copy of my M&S Credit Card application form........"

I have drafted the following reply:

http://i343.photobucket.com/albums/o473/pabrmu/MS3-1.jpg

I have no doubt that they will continue to prevaricate, so I intend sending them one further letter to the effect that as they have not sent a properly executed CCA, I consider the matter to be in dispute and will not continue any further dialogue or payments until they comply.

Any comments, you good,good people.

Pat.

Edited October 26, 2009 by ErikaPNP
pm sent to member

[Mydogsawestie]

Your good at writing letters....should I ever need anything doing I know where to come

 

I take it as the 28th October is only a few days away & with more postal strikes planned (3 days next wk?) no sooner have you posted the above letter, hot on its tracks no doubt will be the In Dispute Letter.....to them!!

 

I must admit though like you it weird them asking this on a CCA! The only thing I had a letter back requesting a signature like this was on my SAR request with MBNA tho where they even sent the postal order back too (stalling tactics!), I had some postings on my thread at the time saying I didnt need to provide it nor should I have needed to send a proof of identity either like a driv lic / passport.

 

So in your case you shouldnt have to either, after all like you said they have been dealing with you at this address for correspondence for a long time now so obviously are the person you say you are, it is merely them avoiding fulfilling this legal request!!!

[pabrmu]

Hi Mydogsawestie,

Thanks for the kind words.

I cant really take any credit for most of the letter writing as most of it has been cribbed from this site!

I don't doubt that my "In Dispute" letter will be winging its way very shortly!

Pat

[delicarik123]

Good luck with it, please post when you receive your next reply and/or your next action as i am in the same boat. Received a letter yesterday requiring my signature and i have sent them a reply to the effect that it is not required and after all they have been dealing with me at this address etc for several years.

I do think they are stalling, i tend to think that they may well not have an original agreement which is why they are sending these letters?

 

Your letters from them are identical to mine! I will keep an eye out for your response, my letter back to them will be posted tomorrow.

 

All the best

D

[pabrmu]

Hi all,

Can one of you clever people help.

When applying for a CCA request, I see that a few companies only ever send the application form, probably because this is all that was ever used to open an account.

I was led to believe that a CCA request was for the actual AGREEMENT form, not the application form.

However, somewhere else on this forum, it has been said that in some circumstances, the application form can be used if all the required info was contained within.

Does anybody know if this is correct?

Pat.

[Guest Old_andrew2018]

Bump

[delicarik123]

subbing if i may.

 

I have in my possession an Application form! hm...need the answer as to whether this is valid?

[pabrmu]

After a couple of letters, M & S have now sent what they say is the agreement.

Needless to say, it is the application form.

After reading through the form:

 

http://i343.photobucket.com/albums/o473/pabrmu/sc00abac68.jpg

 

perhaps the most telling sentence, and probably the one that gives them away is : ONCE YOU HAVE SIGNED THIS AGREEMENT, YOU WILL HAVE FOR SHORT TIME A RIGHT TO CANCEL IT. EXACT DETAILS OF HOW YOU CAN DO THIS WILL BE SENT TO YOU BY POST BY THE CREDITOR.

Surely, this says that this cannot be an agreement as the actual agreement would have to give the exact clause.

Anyways, I have sent M &S this letter:

 

http://i343.photobucket.com/albums/o473/pabrmu/ms21.jpg

Any views?

Pat

[IainHL]

As you have said in your letter to them, there are no prescibed terms on what they have sent you. Of course they could be on the reverse of the original piece of paper.

 

In the meantime the account is in dispute since 04/11/2009. So no more payments, no more interest. Of course that won't stop there being lots of telephone calls and other collection activity despite the dispute.

[pabrmu]

It continues!

They have almost repeated their previous letter to me, so I have again responded.

Can anyone advise what is the liklihood that they would take this to court?

Has anyone else been taken to court on such an obvious application form?

http://i343.photobucket.com/albums/o473/pabrmu/ms40.jpg

http://i343.photobucket.com/albums/o473/pabrmu/ms41.jpg

 

Pat

[IainHL]

It seems that M&S are very slow to take anyone to court (especially those of us with old Chargecard agreements that they converted to &MORE credit cards). Which doesn't mean that you won't get lots of letters threatening to take you to court, from M&S, Collect Direct (UK) or some of their other DCAs.

 

The end of that latest letter from M&S suggests they they consider they have given you their final response (the reference to referral to the FOS). Did one of their previous letters say it was a final response?

[pabrmu]

Hi Iain,

Thanks for the replies.

This is the first letter that has ended this way, but I think I might hear more after my final letter.

I will keep you informed.

Pat.

[pabrmu]

Hi everyone,

After tons of calls and letters from M&S, this is the latest one:

http://i343.photobucket.com/albums/o473/pabrmu/MS30.jpg.

This was the application in question:

http://i343.photobucket.com/albums/o473/pabrmu/sc00abac68.jpg

 

Even though they state that the application form says: "Credit Agreement regulated by the Consumer Credit Act 1974", the bottom line states "Once you have signed the agreement, you have a short time to cancel it.Exact details of how and when you can do this will be sent to you by post by the creditor".

This would imply to me that these details should have been on the form for it to be an agreement.

I now intend replying yet again with this information.

Can anyone comment on this and more important, can anybody say if M&S have taken anyone to court on an application form?

[pabrmu]

Hi all,

Any help, pleeeeeeease!

Pat

[pabrmu]

Pretty please!

Pat

[seriously fed up]

what do you expect them to say? We surrender. Not very likely.

The issue is in the covering letter - that they consider it compliant as a single document in more than one piece. But as far as I can see they have only supplied one piece - the application form and if that is all they have they have little chance.

BUT if this did get to court, what they would almost certainly try is to put in a set of T&Cs and try to convince the court that these were the "other piece", that they were contained within the sig document (even if separate) and thus compliant and thus enforceable. Whether the court would agree or not would depend on what they came up with in the way of T&Cs and how convincing they looked