unenforceable credit card agreement?

[prettyprincesscharlie]

hi all

 

I have posted on here once before and received some help but i am starting new thread because im not getting any more info on my previous one now!

 

Please help! back in 1997/1998 i signed up for a M&S storecard with a £500 credit limit. Then in 2003 they converted my card to a mastercard and increased the limit to £3500 then later to £4,500. I did not request this, nor did i request the higher credit limit.

 

I have been experiencing money problems the last few yrs (due to relationship breakdown after a new baby etc) and now i am unable to pay the minimum payment.

 

First i CCA section 77-78 requested them and to my surprise they sent me a (bad) copy of the supposed original credit agreement. Although on reading all the info on this website I now believe this to be an actual application form - not agreement form. Anyway this "agreement" was for the £500 storecard (not mastercard).

 

Its worth mentioning that the application form has not been completed by me (I believe I was harrassed in M&S one day to sign up for one!) and my first name on the form is clearly spelt wrong! The signature on the form I feel is fraudulent!! I have CCA'd another c/card and this one has been done in the same year as the M&S one and is clearly my handwriting and sig. hence, i have compared these application forms & i truly believe its not my sig!

 

Anyway, M&S have avoided answering any of these queries i have raised with them regarding sig and name etc. I have also recvd many copies of stmts and they have provided stmts going back to Nov 2003 (conveniently, the month AFTER they upgraded the card to a m/card!). I then SAR requested them.

 

M&S first wanted my signature again for the SAR request - which after reading up on this site and also concerns over them forging my sig again - i refused. I sent the template letter on this site to them stating that if they were unsure of my ID then why send me 7 yrs stmts, threatening letters, defaults etc. Their reply was that they felt that the statements did not contain that much personal info whereas anything more i want does!!

 

I have now put a formal complaint in with the ICO regarding this - but i have been told it could 6mths as they have backlog!

 

Meanwhile, M&S are sending me letters informing me they consider they have complied with my SAR request as much as they need to without my sig! (Who made M&S God is what i want to know!)

 

Now I am receiving letters from a DCA called Rockwell who state that they are now the appointed people to collect this debt. I have not received anything from M&S that even mentions the name Rockwell let alone tells me they have sent the debt to them! Hence, i am receiving letters from m&s and rockwell about the same debt.

 

The latest rockwell letter threatens either a doorstep visit or court action to follow if i dont reply within 7 days! I have just replied to this letter stating (again) the SAR issues, the ICO complaint on-going, the storecard agreement not being same as credit card agreement (different T&C need to be signed for c/card than for a storecard). i have also told them that m&s have not told me of rockwell's involment either.

 

Has anyone got any advice for me? I am concerned that either m&s or rockwell will seek court action and what my legal rights would be.

 

thanking everyone in advance.

[EOS-5D]

Hi There,

 

Your situation seems very similar to mine. Please read my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?243996-M-amp-s-Cca-Problems

you should be able to get some useful info that has been posted on there, especially about Rockwell.

 

You should send them a letter straight away informing them that the alleged account is in dispute and therefore M&S had no right to instruct them.

 

Hope this helps

 

Good Luck

 

EOS 5D