Sigma SPV1 Ltd court claim form for M & S store/credit card***Discontinued**

[cleo4patra]

Still no agreements as yet - my statement shows £2.00 credited to the account - is there anything I should do about this?

[cleo4patra]

Hi 42man - if I have two bank of scotland cards (mastercard and preference) I can send ONE request with a £10.00 postal order for the info on both accounts?

 

Which address would I use - usually a scotland address for preference and various for other one thanks

[42man]

For the SAR they should reveal ALL your paperwork, so the £10 will cover EVERYTHING....the CCA requests should be sent separate with £1 for each.....and send to the Data Compliance Manager at their head office...

[cleo4patra]

Hi - I have already CCA'd twice and had nothing back. So I sent the letter saying they are in default etc etc. Have had no phone calls. Will SAR them by recorded and see what turns up.

thanks

[42man]

Excellent Cleo. send the CCA non compliance letter and the SAR....and keep us posted !!

[cleo4patra]

Hi - I have sent the non compliance letter recorded to them both well over a week ago - no response yet. Will SAR them and still offering reduced payments.

Thanks for the help - have had a really good read of the site - invaluable.

 

Have CCA'd other credit cards - out of time limit now.

[hellhasnofury]

I have heard nothing today from them.

 

Hello Cleo,

 

I have experience in the lovely M&S and I have a thread somewhere regarding this matter. The dispute is still ongoing.

 

Now regardless of the issues regarding the default notice, which rory and slick are being great giving you great information and advice.

 

It is the credit agreement that I am interested in:D

 

When did you open the credit card with them and have they responded to your ca request yet:D

[cleo4patra]

Hello Cleo,

 

I have experience in the lovely M&S and I have a thread somewhere regarding this matter. The dispute is still ongoing.

 

Now regardless of the issues regarding the default notice, which rory and slick are being great giving you great information and advice.

 

It is the credit agreement that I am interested in:D

 

When did you open the credit card with them and have they responded to your ca request yet:D

Hi - I posted CCA request recorded 15/11/08 and they signed for it on 17/11/08.

 

It has not arrived as yet.

 

As to how long we have had the card - unsure - but around 10 years I think.

I am concerned as it has all gone quiet - I sent a letter recorded informing them they have sent legally invalid DN. They have not responded to that yet.

Cleo

[cleo4patra]

Hi again - cleo here - just remembered it was a store card first - and then they changed it to a credit card. Don't know if we signed anything - I suspect not!

[Josie8]

Well that sounds likely to be unenforceable to me............

[hellhasnofury]

Hi again - cleo here - just remembered it was a store card first - and then they changed it to a credit card. Don't know if we signed anything - I suspect not!

 

Hello Cleo,

 

You did not sign anything, they just sent mailers:-x and I expect what they will send you as compliance with your ca request, will be a pre-contractual application form for a store card,. They will state that this is your credit agreement for the upgraded credit card, which has a different account no ???????

 

They were slated by the OFT for irresponsbile lending as they used a legal loophole to do this:-x

 

My dispute with the lovely M&S has been going on for about 18months now, they have passed this disputed account to 3 different dca's which have been sent packing. These disgraceful activities were when the account was in legal dispute therefore breaching oft guidence. They even paid the penalty fees back to themselves via the dca:-x

 

They are renowned for dragging their heels, formally informing you that they will frustrate matters by continuing their investigations and telling you nothing, denying any wrong doing, they are a total disgrace.

 

I have even gone as far as asking them to take me to court, but they don't:rolleyes: They won't talk to me anymore:(

 

There is still a default sitting on my credit file which they refuse to remove. but I have not finished with them yet. I have an excellent harassment case against them.

[cleo4patra]

Hello Cleo,

 

You did not sign anything, they just sent mailers:-x and I expect what they will send you as compliance with your ca request, will be a pre-contractual application form for a store card,. They will state that this is your credit agreement for the upgraded credit card, which has a different account no ???????

 

They were slated by the OFT for irresponsbile lending as they used a legal loophole to do this:-x

 

My dispute with the lovely M&S has been going on for about 18months now, they have passed this disputed account to 3 different dca's which have been sent packing. These disgraceful activities were when the account was in legal dispute therefore breaching oft guidence. They even paid the penalty fees back to themselves via the dca:-x

 

They are renowned for dragging their heels, formally informing you that they will frustrate matters by continuing their investigations and telling you nothing, denying any wrong doing, they are a total disgrace.

 

I have even gone as far as asking them to take me to court, but they don't:rolleyes: They won't talk to me anymore:(

 

There is still a default sitting on my credit file which they refuse to remove. but I have not finished with them yet. I have an excellent harassment case against them.

I find it very frightening - but I take real exception that they accuse us of deliberately avoiding payment. I have tried desperately to sort it by changing banks abd getting myself out of the charges trap.

[hellhasnofury]

I find it very frightening - but I take real exception that they accuse us of deliberately avoiding payment. I have tried desperately to sort it by changing banks abd getting myself out of the charges trap.

 

Hello Cleo,

 

I found it extremely frightening that after being a good customer for many many years they showed no compassion or any interest, or understanding of my circumstances. They just went into debt robot mode, ruined my credit file by defaulting the account and all the while I was making reduced payments to them:-x Which was only about £10 short of the minimum payment I might add

 

I take exception to their total disregard for good customers, who for whatever reason find themselves in financial difficulties. If they had followed consumer legislation and had done what they should have done in the first place, then there would not be a problem and everybody would know where they stood.

 

They don't:-x but will carry on regardless if you let them. They evade direction questions, deny any wrong doing and then eventually ignore you:rolleyes:

 

These cases are not about debt avoidance, these cases are about trying to resolve a legal dispute. Consumers do have rights:cool:

[cleo4patra]

Hello Cleo,

 

I found it extremely frightening that after being a good customer for many many years they showed no compassion or any interest, or understanding of my circumstances. They just went into debt robot mode, ruined my credit file by defaulting the account and all the while I was making reduced payments to them:-x Which was only about £10 short of the minimum payment I might add

 

I take exception to their total disregard for good customers, who for whatever reason find themselves in financial difficulties. If they had followed consumer legislation and had done what they should have done in the first place, then there would not be a problem and everybody would know where they stood.

 

They don't:-x but will carry on regardless if you let them. They evade direction questions, deny any wrong doing and then eventually ignore you:rolleyes:

 

These cases are not about debt avoidance, these cases are about trying to resolve a legal dispute. Consumers do have rights:cool:

I don't like it - I am offering reduced payments

[cleo4patra]

Excellent Cleo. send the CCA non compliance letter and the SAR....and keep us posted !!

will be sending SAR this week - I am nervous because it has all gone quiet since sending non-compliance letters?

 

If I make reduced payments am i compromising myself by acknowledging the debt - however if I do this and then they produce an enforceable agreement surely it looks better for me?

[cleo4patra]

They have sent me nothing since I challenged the legally invalid DN.

 

I suggested they reinstate the payment plan with a view to resuming normal payments asap - then I cca'd them recorded delivery - nothing yet.

[cleo4patra]

Excellent Cleo. send the CCA non compliance letter and the SAR....and keep us posted !!

Received letter today from Customer Care team - saying they are investigating our complaint???? The only letter I have sent them recently is the non-compliance for the CCA - sent recorded. They say they will reply to my "complaint" within four weeks. I am puzzled.

[cleo4patra]

Received letter today from Customer Care team - saying they are investigating our complaint???? The only letter I have sent them recently is the non-compliance for the CCA - sent recorded. They say they will reply to my "complaint" within four weeks. I am puzzled.

forgot to mention - has a "real" signature!

[cleo4patra]

Excellent Cleo. send the CCA non compliance letter and the SAR....and keep us posted !!

HELP!!!!! Before I had chance to send SAR in the post yesterdaY(28th November) I received the following: A default notice dated 10th November (yes 18 days to arrive) giving me until 24th November to pay arrears (so legally invalid anyway besides arriving AFTER 24th). IN THE SAME POST also came a letter terminating the agreement dated 21st November (Only 7 days to arrive) and passing the debt on to a debt recovery agency!!!

 

I have had no copy of an agreement at all - I cannot SAR now as agreement has been terminated and I don't know what to do. Was going to send reduced payment this weekend but don't know whether to still do this as will it just get lost or refused if agreement has been terminated.

 

I need to write back to them asap but am unsure where I stand legally.

 

The notice says the account is from 1996 but I am sure it is much longer than that .

 

Can someone please point me in the right direction as I am seriously worried as we have a lot of equity - I cannnot copoe with phoning them.

 

I sent non compliance twice but they just ignored it.

 

How can both of these arrive same day (have kept envelopes) Can they have backdated it. I sent non compliance letter on 13th November recorded delivery

[Fred Bassett]

HELP!!!!! Before I had chance to send Subject Access Request in the post yesterdaY(28th November) I received the following: A default notice dated 10th November (yes 18 days to arrive) giving me until 24th November to pay arrears (so legally invalid anyway besides arriving AFTER 24th). IN THE SAME POST also came a letter terminating the agreement dated 21st November (Only 7 days to arrive) and passing the debt on to a debt recovery agency!!!

 

I have had no copy of an agreement at all - I cannot Subject Access Request now as agreement has been terminated and I don't know what to do. Was going to send reduced payment this weekend but don't know whether to still do this as will it just get lost or refused if agreement has been terminated.

 

I need to write back to them asap but am unsure where I stand legally.

 

The notice says the account is from 1996 but I am sure it is much longer than that .

 

Can someone please point me in the right direction as I am seriously worried as we have a lot of equity - I cannnot copoe with phoning them.

 

I sent non compliance twice but they just ignored it.

 

How can both of these arrive same day (have kept envelopes) Can they have backdated it. I sent non compliance letter on 13th November recorded delivery

 

I'm no expert cleo, but if they've only given 14 days between the date of the letter and the date by which you have to take remedial action then they have cocked up. 14 days is the minimum period allowed, but the DN will not be deemed to be served on you until 12th (2 days after it's date), therefore they have not served it correctly.

 

It's probably best to wait until somebody with more knowledge than me confirms this. Also, I don't know what the implications are of this, but I think they are probably good from your point of view.

 

Regards.

 

Fred

[cleo4patra]

Hi Fred - my understanding is the DN is legally invalid - but what seriously worries me is that they have terminated the agreement and I have had no chance of ANY remedial action as though it is legally invalid anyway it expired FOUR DAYS BEFORE I RECEIVED IT!!!! I will wait to see any further posts

[Fred Bassett]

Hi Cleo,

 

Have a look at this thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158781-mbna-default-notice-cca.html

 

I think you'll find it very interesting.

 

Regards.

 

Fred

[cleo4patra]

Hi Cleo,

 

Have a look at this thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158781-mbna-default-notice-cca.html

 

I think you'll find it very interesting.

 

Regards.

 

Fred

you're not kidding!! Does this then apply to me?? I need wording for a letter to reply - perhaps one of the site team could help me??

[Fred Bassett]

you're not kidding!! Does this then apply to me?? I need wording for a letter to reply - perhaps one of the site team could help me??

 

Hi cleo, I guess it must apply to you. Can't help with a letter though. I expect somebody will be along soon. Sufagent seems to to be very knowledgable on this.

 

Regards.

 

Fred

[cleo4patra]

Hi cleo, I guess it must apply to you. Can't help with a letter though. I expect somebody will be along soon. Sufagent seems to to be very knowledgable on this.

 

Regards.

 

Fred

thanks Fred

 

I will wait for any further info - I have put both letters away SAFELY. Just worried I get a DCA now. \need to know what my position is legally