prettyprincesscharlie and M&S

[seriously fed up]

If what they have sent you is the original chargecard agreement, then they might as well have sent you a copy of a page out the phone book imo. I have been through this with them about a year ago - see http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/199747-help-court-papers-m.html - the argument is all there in my reply to their poc. But basically what it amounts to is that transfering someone from a Chargecard with a small limit that can only be used in M&S, to a Mastercard with a larger limit that can be used wherever you want, is stupid beyond words. They are different products and there should be a separate agreement for each. The stuff about "there was a phone number" is just wind - there should have been a new agreement for the new card. This wasnt just updating an existing card (eg "your card expires next month, here's a new one"), but a whole new ball game. Have a read at the thread and if you have any questions, post again

Re the OFT, I think they were pushed this way by the OFT who were horrified at the time at M&S handing cards out like confetti and made them put up the telephone line so that card holders who didnt want the new card could opt out (a friend in the trade told me that when other lenders heard that M&S were doing this they were, in his words "****ing gobsmacked"). This, though, doesnt make what they did legally enforceable in terms of the Consumer Credit Act.

Re your information, send them a Subject Access Request (Data Protection Act) along with a cheque for £10 and they will have to send you this within 40 days. If they still refuse (eg no sig) tell them you will report them to the COmpliance Officer and may take court action. They HAVE to do this. You can adapt the template letter here http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.

[seriously fed up]

As for no sig., remind them of what they have sent to you at your correspondence address already - including, I presume, credit cards! They are just at it. The Act is quite clear that anything that they have stored in electronic media (and this include microfiche I believe) and has your name on it, they have to fess up. Why they want a sig is quite interesting. I have never seen it myself but its argued on here that with Photoshop they might transfer it to a strangely compliant agreement. Better safe than sorry imo.

But at the end of the day, if all you signed was a chargecard application form - and in the circumstances you describe - taking you to court would be foolish beyond belief as they dont have anything that is even remotely enforceable. Just remember that in the midst of the avalanche of letters that they will send to try to get the dosh they feel is due from you. They wont go away quickly. They just wont. So remember that, on the basis of what you have told us, there isnt much they can do except huff and puff.