M&S, changed from Storecard to Creditcard .

[cleo4patra]

So, in a quandry what to do, any suggestions would be welcome.

M&S just issuing monthly statements, adding interest, haven't paid them since Nov/Dec last year, everything ust flowing along.

I really want to get them out my life and cleared, how do I do this?

They are not taking me to court, "seriously fed up" and "Beetles" victories will have given them second thoughts.

Anybody with any ideas?

has anyone tried offering them a token settlement??

[ajs444]

If I could afford it!!

 

Also would be an admission that CCA was legal??

[waterminx]

This is the copy agreement I received from M&S Money

Signed in 89 - it was for a card which was replaced with the 'and more' mastercard.

Any views on where I stand with this?

 

Minx

[waterminx]

oop - thats no good. Sorry

Will try getting a better version together...

[waterminx]

Sigh - hope this works!

 

 

[waterminx]

From the sublime to the rediculous!!!

[ajs444]

Same old crap agreement they have sent to numerous Caggers!!

It has no legal authority.

[ajs444]

Send them this:-

 

 

Account Number..........

 

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.

 

Account in Dispute

 

I wrote to you on xxxxxxxxx 2009 requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This was a legal request for information under Sections 77/78 of the Consumer Credit Act 1974. The statutory fee of £1.00 was enclosed with my original request.

 

The Consumer Credit Act 1974 and Agreement Regulations1883 are very specific as to the form and content of a regulated agreement and the Application form you have provided to date falls short of what is required.

 

Under the terms of the above ‘Act’, if a creditor has not complied within 12 working days of receipt of this request the creditor is in default, rendering the alleged agreement unenforceable until the request is fully complied with, or by a court order.

 

Both of these deadlines have now passed and due to the non-compliant reply in relation to the above request you have not discharged your obligations under the ‘Act’, and remain in default.

 

On advice from the Financial Ombudsman Service, I now require you to reply with your final response to comply fully with my previous request. The maximum timescale for you to give a final response to my complaint is 8 weeks. This time runs from the date of the original complaint, which in this case, is the date you received my original request on xxxxxxxxxxxxxx,

56 days from this date will expire on xxxxxxxxxx 2009.

 

Should your final response not comply with all statutory regulations and pertinent sections of the ‘Act’, and be a true signed original copy of the alleged executed agreement – I will be left to surmise that no regulated enforceable agreement exists between us, and will ask the Ombudsman to instigate their investigation.

 

 

Whilst this account is in dispute, and remains in default – I should remind you that you may:-

•Not demand any payment on this account, nor am I obliged to offer any payment to you.

•Not add any further interest or charges to this account.

•Not disclose or pass on this account to any other party/agent.

•Not register any adverse payment history regarding this account with any Credit Reference Agency.

•Not issue a default notice related to this account.

 

 

Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and can not be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing, and will be vehemently challenged.

 

I await your final response to this complaint within 14 days of this letter, and would ask you include your proposed actions in the event that you are unable to comply fully with this final request.

 

Yours faithfully

[ajs444]

PS.....Start a thread of your own so others may follow.

Waterminx V M&S Money.

Edited August 16, 2009 by ajs444

[banker_rhymes_with]

Hello ajs444!

 

Just a quick on on waterminx's images above.

 

The Terms page whilst clearly a different scan, seem to have 90 towards the bottom right...1990?

 

Also, the Postal Mark seems to have...2/7/19..?

 

Also, the Postal Mark seems to have the Post Town "B A S I N G S T O K E" across the top, but it's hard to read and that is mainly an impression from the basic shape of the text.

 

Really hard to read, but the date does not appear to be anywhere near August.

 

Looks like M&S have grabbed the nearest page of Terms they could be bothered to find...as usual.

 

Cheers,

BRW

Edited August 16, 2009 by banker_rhymes_with
Added BASINGSTOKE

[waterminx]

Thanks everso ajs444 - for all advice - will start my own thread now.

fab!

Waterminx

[waterminx]

OMG - 'Banker' !!! I think you are right - on closer inspection I dont think the second page IS a copy of the reverse of the form. I cannot read the postmark properly at all but - there is DEFINITELY something very wrong with this photo copy.

 

Thankyou - all - so much.

[ajs444]

You have excellent eyes Banker!!!!!

Need my magnifying glass to see that.

Anyway, still the usual sh**e M&S send out.

[cleo4patra]

OMG - 'Banker' !!! I think you are right - on closer inspection I dont think the second page IS a copy of the reverse of the form. I cannot read the postmark properly at all but - there is DEFINITELY something very wrong with this photo copy.

 

Thankyou - all - so much.

Hello - I have received EXACTLY the same document - same "90" - postmark and three faint lines at side - also cropped at the top left.

check out my thread - just sent Rockwell DCA packing after revealing this

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/168827-m-money-5.html

[banker_rhymes_with]

Hello Cleo!

 

Ha! Yes! Excellent, thanks for pointing this out.

 

Good old M&S up to their usual tricks then.

 

Cheers,

BRW

[waterminx]

Hi - I opened my new thread as per:

 

http://www.consumeractiongroup.co.uk/forum/store-cards/215281-waterminx-m.html#post2372635

 

ta

Minx

[citizenB]

This thread has now been moved to the newly opened M&S Forum:D

[ajs444]

Thanks for that, we can all get our heads together now!!!

[almond]

hi

were is the new thread getting lost looking round

thanks

[banker_rhymes_with]

Hello Almond!

 

M&S Threads are being gathered into this new CAG Forum:

 

M&S Cards - The Consumer Forums

 

Cheers,

BRW

[ajs444]

Oh well, now had nice letter from Debt Collectors called CD from Leeds, will have to write to them to say they are barking up the wrong tree!!

[hellhasnofury]

Oh well, now had nice letter from Debt Collectors called CD from Leeds, will have to write to them to say they are barking up the wrong tree!!

 

Hello Ajs444

 

MMMmmmhhh M&S seem to be favouring this lot of late, MMMMmmhh or is it the others are giving them a wide berth;)

 

Personally, I would be inclined to reel them in a bit, maybe harass you a while, log all telephone calls, file all threatening letterss etc good grounds for a harassment complaint.

 

few breaches under the dpa etc and a whole load more to add to your case.

[ajs444]

Having sent, "Account in serious dispute letter" last week, I had a reply from M&S today, saying they are investigating my complaint.

Appears one half does not know what the other half are doing!!!

[ajs444]

Well follow on from previous M&S, dated 1st September.

Account no longer in dispute acccording to M&S, due to decision by OFT on my case, they said it would be down to the Courts to decide legality.

I take it the DCA is getting landed with this honour??

[citizenB]

Well follow on from previous M&S, dated 1st September.

Account no longer in dispute acccording to M&S, due to decision by OFT on my case, they said it would be down to the Courts to decide legality.

I take it the DCA is getting landed with this honour??

 

Sorry, what decision by the OFT ? Have they said the agreement is valid ?