Problems with Reconstituted Agreement

[FlySi]

The OH sent a SAR to M&S. Their reply said the accounts (1 x Personal Reserve and 1 x Budgetcard) were closed a long time ago (2000) and they no longer had any records. The OH sent a reply arguing that they still had my records (from an account opened in 1986 and closed in 2000). Demanded that they send the necessary information.

 

Eventually M&S sent some information printed from their computer system (including name, address, marital status, home and work telephone numbers, occupation, bank account number and sort code). They also sent a reconstituted agreement and application for the Personal Reserve account (but not the Budgetcard). The form contained the OH name, address and date of birth. Everything else was left blank (despite having the necessary information on their computer systems).

 

As part of the agreement and its terms/conditions, it refers to the complaints procedure. To complain about PPI the agreement refers the debtor (my OH) to the GISC. To complain about any other aspect of the Personal Reserve my OH should refer to the Financial Ombudsman.

 

I know that Carey v HSBC allows for reconstituted documents. However, the accounts were opened in the mid 1990s and closed in 2000. The GISC and the FOS did not have responsibility/come into being until 2001.

 

Any advice as to how to respond to M&S given they say that the OH agreed to something in the mid 1990s that did not exist until 6 or 7 years later...?

[dpick]

You have applied for an SAR not a CCA request and as far as I am aware a reconstituted agreement is just floss as that as for an CCA S77/78 request. They are just trying to create confusion or of course they themselves are confused.

 

dpick