London v Goliath M&S

[London000]

Hi there,

 

I am new to this thread although I have neen on this site with other cards especially Halifax.

 

Well, now it is about M&S.

I have had a credit card opened a few years ago around 2006. A year later I was left without job and by not being able to repay it on time I have asked them to help me somehow.....and M&S came up with "Why not having whole amount transfered into a loan" as it will be cheaper monthly repayments.

I thought it will be a great thing in order to delay the repayment for another month until I will possible have another job...but I was not that lucky at the time as I have had to stay without a job for months to come:(....

 

Anyway I have SAR-ed them a few weeks ago and have asked them to send me the CCA for the Credit Card that turned into the Loan at a later date.

What I have received so far was only for the Loan but no sign for the Credit Card papers whatsoever....

 

Here is what I have received so far using the SAR template letter from this forum:

 

http://i609.photobucket.com/albums/tt173/americaninparis/MSagreementpage2.jpg

 

AND

 

http://i609.photobucket.com/albums/tt173/americaninparis/MSagreement.jpg

 

 

I would like to ask them about the rest before I will pass them to the ICO. Any thoughts??? as there are 7 more days until the 40 days are up...

Thank you kindly,

DD

Edited November 8, 2009 by London000

[London000]

Hi there,

 

Any thoughts????

 

DD:cool::cool:

[London000]

Hi there everyone,

 

I would like to ask if there is any chance that the "agreement" they have sent is enforceable. It is for a loan (actually it supposed to be for a credit card but somehow they have manged to turn it into this loan a year later) and obviously thay have had my sign. on it.

What I have sent them was a SAR template letter to get everything including the credit card's datas.

 

To the date they have only sent some statements from the loan including the 2 pages (see the links) I have posted above.

 

I am sorry but i do not have much of experience into this M&S but please let me have your opinion....and I will take care stright away of the rest...

 

DD:cool:

[seriously fed up]

As a credit card, yes I would say this is almost certainly enforceable (I am assuming that you did sign the doc, but blanked your sig out for putting it up here) - all the bits are here - credit limit (determined by us and notified to you); repayment details; interest rates (though you might want to get someone to work out if they are accurate). So I would say that is enforceable.

BUT, two things

 

1. you could reclaim any default charges. They will say that they are in the agreement, but you can put anything you like in an agreement - doesnt make it lawful, does it?
   
2. more importantly, you said they moved you on to a loan. Now, the documents they have sent you (or that you have put up) are for a card (it says so at the top of page 1), and not a loan. Some questions for you
   

 

• when you took the loan out did the fully balance of the card transfer to the card?
  
• if so, is there a current balance on the card or does it stand at zero?
  
• assuming all you owe is on the loan, then the full weight of their legal position has nothing at all to do with the card agreement, but with the loan agreement (which they havent sent or you havent put up). Assuming this to be the case then it all depends on whether they can produce the loan agreement (and M&S have a bad habit of just moving people around without the necessary paperwork being completed - and you should have signed something for the loan) and that it is compliant. Were I you (and that you have put up everything you got from them) I would chase them for the loan agreement.
  

I hope it works out for you

[London000]

[got from them) I would chase them for the loan agreement.

I hope it works out for you

 

 

Hi seriouslyfedup,

 

Thank you so much for your reply.

I am going to have a look at these docs. they sent and I should keep you updated.

At the moment as I have had bits missing from what I have requested in my SAR, I have had to involve the ICO.

At the moment after 3 letters sent and obviously no reply from M&S, I've had no choice but to ask the ICO to force them up to scoop out everything they have on me...we shall see when and what...

 

To answer to your questions:

 

1. I am trying to get everything so I can reclaim the charges.

 

2. They have asked me to transfer all these money into a loan to be easy to pay monthly (and I bet they have done that to cover their back with the new T&C). The balance on the card is 0.00 and is closed ( I believe as I have asked them at the time).

 

It is a good thing that you have pointed out about the docs. being for the card and not for the loan..I'll have a look again.........yes It is for the card but not for the loan sorry!!!! I got confused with all them lot.. Got blondy again...

 

3. What I have posted up is everything they have sent (excluded the statements).

I can now reclaim the charges as they disclosed the statements ( I do not bother for the Agreement as the acc. is closed or 0.00).

 

As I said - If I have asked the on my SAR letter to discclose everything then I should have expected everything and not bits and bobs...I have asked for Credit Agreement as well as for the LOAN.

 

Thank you once more and will be posting the latest docs or letters received..

 

DD:cool:

Edited December 7, 2009 by London000

[seriously fed up]

OK - keep at them.

Once they have come up with all they have, and confirmed this, if you think it will help, lets have a look at it.

All the best

Seriously Fed Up

[London000]

OK - keep at them.

Once they have come up with all they have, and confirmed this, if you think it will help, lets have a look at it.

All the best

Seriously Fed Up

 

 

Hi SF,

 

Thank you for all the information and the time spent.

 

It is all coming back to me now.

I have been getting the credit card back in 2006 and closed in 2007 OCT when it all turned up into the loan stil ongoing.

As I have been left with no job in 2006 I have called up M&S and told them that I am jobless and I will not be able to pay up the amount I was paying monthly. WHAT A SURPRISE!!!

Now then, I have had a look at the statements and realised that they have charged me PPI at around £45.00 monthly ( and that is 9 times).

 

Why on earth they did not tell me that I could ask them to use the PPI in order to mantain the payments (insurance to pay for me until I would get a job??).

What they have told me was: " To make it easy for you, the best way is to get a loan in order to make less payments/ monthly". - so I did.

 

WOW!!! This is a completely shock to me.. Mis-selling PPI???

 

What shall I do now??? Shall I reclaim the PPI or shall I tell them to go back and to pay up the monthly instalments for 7 months (what I mean to deduct from the loan a £80.00 by 7 multiplied by 15.8% INTEREST/ANNUM.

 

Help Seriously fed up, as I am getting really fed up....

 

 

Ps. There is something else: This year I have retired...and is there anything else I would be entitled to??

 

Thank you for everything,

DD