Littleme V M&S Can someone please advise on these....document!!

[newbloke]

bide your time, have you received a notice of assignment to tell you who the dca will be ?

[littleme33]

Hi, No i havent not yet, i'm sure its on its way though!

[newbloke]

are they charging you the standard £12 default, if so then you should write to m&s and tell them they are charging you unlawful default sums due to their failure to modify the alleged agreement to allow these charges which differ from their original alleged agreement, send it to their data compliance teem and demand the account is removed from credit reference agencies, as all the data relating to that account is incorrect, specify that unless they can supply a compliant signed modifying agreement which allows them to to this that you will report them to the fos and ico.the data must be removed as it is in breach of the data protection act 1998 as they have charged unlawful default sums. merry xmas

[littleme33]

Ok thanks for that, does it still apply as i have set up my own repayment plan (no interest) with them i had been paying it for over a year i defaulted when i couldnt keep up the original repayments? They havent sent me a default notice for not paying this time,

Should i SAR them aswell as i am sure i never signed the PPI??

Thank-u

Merry Christmas to u

[newbloke]

yes still applicable, sar is up to you and you sometimes dont get the documents you need, bide your time wait for threat of legal action then you can request the required documents under cpr rules, and then they legally have to supply everything you request to see

[littleme33]

Thanks, will let you know which DC i get!!!

[littleme33]

Hi,

 

I have received the 'standard' debt collection letter from Moorcroft this morning.....

Shall i reply with a 'This account is in dispute letter' to Moorcroft??

 

Many Thanks for all your advice in advance!!

[littleme33]

Can anyone advise me what to do next??

 

 

Please please x

[vjohn82]

Ignore it... file it... easy

[blueda]

It is a standard threatogram and as vjohn says file it.

[littleme33]

Hi,

 

Thank you, does anyone know the outcome of ignoring the letter will it be automatically passed back to M&S, don't really want a baliff visit!! Im guessing i need them to threaten court action perhaps? sorry to be abit stupid i am trying to put a brave face on it....although i am alot braver now with all YOUR help!! And trying to absorb all the info you have given me too!

 

 

Thank-you, Happy new year

x

Edited January 1, 2010 by littleme33
wrong reply

[blueda]

Did you send off that letter that VJohn posted up for you ?.

[littleme33]

Hi,

 

Yes i did and the one newbloke kindly wrote out for me!

I posted the reply letter that they sent on here

 

Regards

Littlememe

[blueda]

In that case M&s should not have passed the debt on to Moorcroft, perhaps for your own piece of mind you should send a quick letter to Moorcroft explaining the position.

Edited January 5, 2010 by blueda
typo

[littleme33]

Ok thank-you!

[littleme33]

Hello all,!

 

Just a query really in light of the test cases in Manchester....regarding my 'dodgy M&S application form' of 2003, which is what i am disputing,

 

Question is do i still have a case?

I have SAR'd M&S as my credit limit ended up being £10,100 and i earnt that in a year? its the same limit as my sister and she earns 10 times what i earn (lucky wotsit)! I did not receive any notification that my credit limit was going up!! alass getting me in more debt!!

 

What are your thoughts on this please??

 

Littleme:)

[vjohn82]

A lot of people are worried about the test cases; it should only worry you if you are going to be taking the creditor to court (i.e. you're the Claimant and they are the Defendant).

 

The test cases were ordinary members of the public, using Claims Management Companies, to take their creditors to court over the non production of credit agreements. This usually meant bringing a claim under section 77/78.

 

The trouble is the Claimant's were then trying to use this in order to turn the CCA in their favour when the CCA was really designed to protect consumers against unfair action by the creditors.

 

Essentially the burden of proof shifts from the creditor to the debtor... we all know very well that there is some sort of agreement in place (whether enforceable in court or not) because people would not be granted funds from creditors via a loan/credit card.

 

The test case has proved that Claimants cannot possibly prove no agreement was in existence because they had the benefit of the funds.

 

Now if you were "defending" action (like you should be and many others on this site) then the burden of proof shifts onto the lender to "prove" that they have all of their documentation in order.

 

If they haven't then tough luck... the statutes prevent them from enforcement.

 

So, in all essence, you have a valid defence to any action providing the documents they have provided are all they have. Your best offence is a defence.

 

Hope this helps.

 

VJ.

[littleme33]

Hi, i have received my Sar request back from M&S i have drafted a letter i wonder if you could take a look it may just be aload of rubbish,if so can you give me a few pointers as what to send back

All i received was LOADS of computer statements no original copies just print outs that were put on computer files from 2003-present

 

 

Thank-you all:oops:

m&S respsar.doc

[newbloke]

tell them they have failed in their duties under sec 55,60,61,62,63,64,78,82,85,87 and 88, non compliance sec 78, unenforceable, non compliance sec 85, unenforceable, non compliance sec 82, breach of contract (had they got one), rendering all default sums/changed interest/limits unlawful, non compliance sec 87, unenforceable, as far as moorcroft is concerned, report them to the oft as their licence is currently under review and are being investigated

[littleme33]

Hi,

 

So this is where i am right now with M&S and Moorcroft, i sar'd M&S and raised a few issues with them concerning Credit limits and D notices etc, and last friday i have received this letter from Moorc**p, do you think i should reply or just sit back and wait........:-|

 

Basically i think they have just ignored my letter!!

Thank-you in advance!

 

Littleme

Image0023.PDF

[newbloke]

did you ask for and have you received all notices of variation and modifying agreements

[littleme33]

Hi, no i just ask for the SAR, all i got was computer print outs and loads of it, just A4 paper with stuff from computer files??

[newbloke]

relax, bide your time, wait for next letter, bye the way may i suggest some of your documents you have uploaded on other threads be removed as your personal details are easily read, be careful, you never know whos looking

[littleme33]

Ok Thanks for that!

[littleme33]

Hi all

 

Received letter from Moorc**p today 'notice of intended litigation....these are the court costs that will be incurred' etc etc

 

Shall i file it....i still havent heard back from M&S re the points raised from the SAR about 4 weeks ago!!