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DLC/scotcall M&S card 'debt'


skybluechic
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Hi,

 

I started my fight with credit cards early in 2008 by unfortunately using an agent who acted on behalf (stupid I know),

he has now gone walkabouts so I am carrying on myself.

 

I had an M&S money credit card which was opened in 2006 and during the time the agent was looking after te letters etc a credit agreement never appeared.

 

I started receiving letters from DLC with regards the debt and I sent the a CCA request in

which they have now returned a signed copy of the agreement and a statement of transations.

 

Can anybody please advise what I need to do next as I have no idea if the agreement is enforceable or not, my signature is there and it is dated.

 

Also looking at the statement of transactions M&S have added a substantial amount of interest

onto the account since it was originally disputed are they allowed to do this?

 

Sorry one more thing, how do I know if the debt has been sold to DLC as I have never received a letter from M&S stating this?

 

Thanks

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  • 2 years later...

Hi, can anyone please offer any advice on the following. I have a thread on the debt collection industry subforum but I am not sure it is in the right place. The thread is http://www.consumeractiongroup.co.uk/forum/showthread.php?258767-DLC-have-provided-Signed-Copy-of-Credit-Agreement.

 

In summary I have been provided a signed copy of the CCA however the default notice is apparently defective as there was no time allowed for postage. The debt has been sold to Sigma group who have now updated the default on my file with themselves as the creditors. I have had a DCA turn up at my house twice in four days last week and I am sure he will be returning this week. Is anybody able to offer any guidance on some questions I have please:

 

1. If I send a letter to DCA and Sigma stating they do not have permission to attend my property without an appointment, will this is any way form a basis to them that I acknowledge the debt or am I safe to send this?

2. Sigma have sent me a letter thanking me for my payment which turns out to be 2gbp) in which I haven't made. Is this a trick to make it look like I acknowledge the debt?

3. If the Default notice is defectice what should my next step be, should I inform Sigma of this?

 

Any help is much appreciated.

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3. If the Default notice is defectice what should my next step be, should I inform Sigma of this?

 

Any help is much appreciated.

 

No, don't inform the OC or Sigma that the DN is defective. Has the account been terminated?

 

In the case of my M&S 'Special Reserve' account I received a defective DN (no time allowed for service/14 days from date of letter as yours) but I don't recall receiving a TN. However they demanded repayment in full of the alleged debt approx 17 days after the issuing of the defective DN which I accepted as their termination.

 

Rob

 

Rob

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Thanks Rob, No I haven't received a notice of termination. The DN is dated the 27th of the month but the default on my file is the 29th of the month 2 months later. Should the date on my file match the Default notice or at least be the letter date plus the 14 days allowed me to pay? I received a letter 20 days after the DN date registered on my file asking for payment in full within 3 days or make arrangements to pay.

 

Do you know If I can send the DCA a letter trying to stop them attending my property?

 

Also is it worth sending the new creditor an SAR to see what information they hold?

 

Thanks

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