M&S Personal Reserve

[NotGotAClue]

Hi, I hope this is the right forum for the Personal Reserve account also if not please will someone point me to the correct one?

 

I sent a CCA request to M&S on 23/05 (with proof of posting that day also). It was delivered on 25/05 according to Post Office Track & Trace. M&S sent a reply which was dated 08/06 but the postmark is 10/06 at 07:38AM and was delivered to me on 11/06.

 

Before I scan the document and post it up (it is only an application and not an agreeement as far as I can tell) can someone please verify whether the dates between me sending it and getting it back are within the required timeframe bearing in mind the bank holiday inbetween? If it is not within the 12(?) working days what should I do now?

 

Depending on whether they have complied with the timeframes, I may also have a question about validity of their reply and also PPI reclaim.

 

Thank you for being gentle with a newbie:oops:

[ims21]

Hi there

 

My opinion is you got what you requested...may have been a bit late but there you go.

 

What is the nature of your queries please?

 

Ims

 

PS Welcome to CAG

Edited June 14, 2011 by ims21

[NotGotAClue]

Hi IMS and thank you for the welcome:-) Sorry for not being clearer in my original question, hope I can clarify.

 

The main query was "is their reply within the statutory time limit for replying based on the above dates?". If it is not, then the secondary query is "what is the impact of this?" as I believe (but do need confirmation) that they then cannot enforce the agreement.

[ims21]

Well by my reckoning 12 + 2 working days is 10th June.

 

But that won't make it unenforceable

 

ims

[NotGotAClue]

Thank you very much for that IMS. So that I can learn please tell me what days you counted to come up with the 10th June. Hope I don't appear pedantic, that's just the way I learn!

[ims21]

Hi

 

12 + 2 working days

 

May 24,25,26,27,30,31,June 1,2,3,6,7,8,9,10

 

ims

[NotGotAClue]

Please accept my apologies for the slow response - my router died and I had to wait until today to get a replacement

 

Thank you, I understand where I was going wrong now! I'm trying to catch up with mails now but later will post up another question about their reply.

[NotGotAClue]

Hi, now that I'm back online, please will someone look at the attached and tell me if M&S have met their obligations and suggest what I do next? Is the fact that it's an application and not an agreement as far as I can tell of any relevance as I think there have been some changes in this area?

 

The poor quality of the terms and conditions is not from my scanner, many of the documents they sent to me were virtually unreadable.

 

Many thanks for your assistance.

M&S CCA response - anonymous.pdf

[ims21]

Hi NGAC

 

May I ask where this query is going? I mean what is the ultimate goal?

 

You mention in your first post a ppi reclaim?

 

Can you give the full story as you are likely to get far more replies if you can paint the full picture for the Caggers.

 

Many thanks

 

ims

[NotGotAClue]

Hi IMS, of course you can ask:-) Like many on here a combination of circumstances has led me unable to meet my outgoings. As an alternative to bankruptcy - which is very, very close and would leave the lenders getting virtually nothing - I would like to negotiate a lower settlement figure. Based on some discussions I had previously had (including on one occasion me asking to hold off talking to them for 2 weeks as my father passed away that morning and I had his funeral to organise and their reply suggesting that I ask friends and relatives at the funeral for money to pay the loan:-x) I realised that negotiating from a position of weakness will get me nowhere.

 

So my ultimate goal is to pay a much lower full & final settlement. To get to this point I need to move the negotiating strength from them to me. It's how I get to that point that I have NotGotAClue and where I need as much assistance as possible!

 

I figured that if I can get to the stage where they believe they will not get anything (either from an invalid CCA or some other method that the gurus suggest) and then even worse for them they think they may have to pay out on a PPI claim that they may be willing to negotiate. Please understand that I do not expect to get my debt written off (although that would be nice), nor do I deny incurring the debt. I just want to be able to negotiate on fair terms with them.

 

Hope that answers your question but please fire away if you need more information.

[ims21]

Hi NGAC

 

Excellent, thank you for that. Hope you didn't mind me asking. This gives a complete picture and some of the more experenced Caggers will now, I'm sure, give some input on the matter of getting to the position of strength.

 

It seems to me that if you launch a ppi reclaim it does give you an instant defence and potentially high value bargaining chip. I'd certainly be investigating this.

 

Have you looked at the PDFs on the fos website as there is a wealth of information there as well as the threads on CAG.

 

Regards

 

ims

[NotGotAClue]

Thank you IMS, I look forward to as much assistance as anyone is able to provide! I hadn't even begun to look at the PPI claim yet but I'll start that soon and also search for the PDFs on the FOS website. I almost want to save the PPI until after I've almost finalised a settlement, as a method to hopefully further reduce the settlement value. However, your advice especially as regards complexity and timescales will certainly come in handy once I've researched that side.

 

The one problem I have found with this forum is the huge quantity of excellent advice and guidance, leaves my brain frazzled:-D

[ims21]

The one problem I have found with this forum is the huge quantity of excellent advice and guidance, leaves my brain frazzled:-D

 

Hi

 

Yes it is a bit daunting to start with but you'll soon get the hang of it.

 

Regards

 

ims

[NotGotAClue]

My apologies for disappearing for a while again.

 

 

In the interim, repossession proceedings have escalated on the house and my wife has been diagnosed in the last 3 weeks with cancer

- come on world I'm sure you can find something else to throw at us grrrrr.

 

please will someone have a look at the previous documents and advise whether the CCA reply is valid?

 

 

At the same time I will be reading up on the PPI section as advised by ims and following that route in parallel.

 

NGAC

[ims21]

Hi NGAC

 

I think it wise to accept that they have complied with your request. Things have changed regarding the precise nature of docs returned under a cca request and whether a creditor can issue proceedings on what once would have been deemed incorrect paperwork.

 

Regards

 

ims

[PriorityOne]

That's not an Agreement; it's an Application. It says so on the top.... I've had one similar and M&S (via their DCA) backed off when sent an additional request under CPUTR. Not heard anything for a approx. a year.

 

You'll have to read the CPUTR thread to understand this.... please don't ask me..... lol!

 

[NotGotAClue]

Hi NGAC

 

I think it wise to accept that they have complied with your request. Things have changed regarding the precise nature of docs returned under a cca request and whether a creditor can issue proceedings on what once would have been deemed incorrect paperwork.

 

Regards

 

ims

 

Thank you ims.

I'll go with your advice and try and make some time to read up on the PPI still.

 

 

For my own education I see a few people have referred to the changes but can't find any specific details.

 

 

don't perhaps have a link do you as I'm useless with my search terms?

 

Thank you again

NGAC

 

That's not an Agreement; it's an Application. It says so on the top.... I've had one similar and M&S (via their DCA) backed off when sent an additional request under CPUTR. Not heard anything for a approx. a year.

 

You'll have to read the CPUTR thread to understand this.... please don't ask me..... lol!

 

 

Thank you, I always want to learn more so off to the CPUTR thread to get even further confused