Thread: M & S Money

Anyone had any experiences??

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As M&S Money is owned by HSBC I'm sure they will deal with accounts in the same way as HSBC do.

Originally Posted by slick132

Hi Cleo,

I've had many experiences, some with M&S Money too !!

If you want any help or advice, we'll need a bit more info on your problem.

I had problems with bank charges after setting up payment plan and missed a couple of payments. However have written to them because circumstances have changed for the better. Two days after arrears notice which took nine days to arrive, they have sent default notice but it took four days to arrive and doesn't give me the required period to pay due to the lateness of delivery and wording in the notice. I have written by recorded telling them the notice is ineffective for that reason and also amount on default differs from arrears. Have requested for that reason they remove default from file. I CCA'd them also.
I can actually pay arrears shortly but am angry about this.
thanks
ps - am I in the wrong bit - I had to get help to start a new thread.

Incidentally had similar problem with GE Capital but after CCa'd they reinstated reduced payments.

Two days after arrears notice which took nine days to arrive, they have sent default notice but it took four days to arrive and doesn't give me the required period to pay due to the lateness of delivery and wording in the notice. I have written by recorded telling them the notice is ineffective for that reason and also amount on default differs from arrears.

It's not ineffective. It's legally invalid.

Originally Posted by rory32

It's not ineffective. It's legally invalid.

thanks - does the fact that I've written ineffective make a difference. I can actually pay the arrears before the required date but I am so annoyed I am waiting for their response which hopefully will not take NINE DAYS to arrive. Should I write again uing the words legally invalid? - I made it very clear in the letter.

I wouldn't worry about the wording of your letter. They will know what you mean.

A default notice doesn't automatically result in a default on your credit file. If you pay the default sums within the prescribed period then no default will go on your file. If the default notice does not contain the prescribed terms giving you a minimum of 14 days from service to clear the arrears then it is not legally valid. If the default overstates the amount of arrears then again it is not legally valid.

That being said invalid default notices, unless challenged, will result in a default on your credit file.

Originally Posted by rory32

I wouldn't worry about the wording of your letter. They will know what you mean.

A default notice doesn't automatically result in a default on your credit file. If you pay the default sums within the prescribed period then no default will go on your file. If the default notice does not contain the prescribed terms giving you a minimum of 14 days from service to clear the arrears then it is not legally valid. If the default overstates the amount of arrears then again it is not legally valid.

That being said invalid default notices, unless challenged, will result in a default on your credit file.

am I right in that it is served two days after the date on it? if that is the case it is only giving me 12 days. Wording is "fourteen days from date of this letter" - it took 4 days to arrive

Have had further letter asking to phone and that they wont write?? Help!!

Have also CCa'd them.

I have had letter today saying ingoring them etc which is not true - we have kept in touch by writing.
They would have got letter today saying deafult invalid. Also CCa will arrive today
They say they need an e-mail from me urgently giving name, and postcode??

The letter uses the words "deliberatley avoiding payment" - I am just asking for a bit more time to get it sorted.

I am exasperated - any advice??

Originally Posted by slick132

Hi Cleo,

Don't be intimidated by their letters, etc - this is precisely what they want.

THEY screwed up with the Default Notice and THEY are in the wrong.

Don't be exasperated - be confident and be strong. There are many here who will help you stand up to these people.

Don't call them. Don't email them. If they contact you other than by letter, tell them to put anything in writing and hang up.

Let them deal with your CCA request as that's the ONLY thing that anyone is obliged to do right now.

thanks - I KNOW this is right but please confirm: Default notice dated 11/11/08 giving fourteen days from date of letter = 25th in their eyes. Arrived on Saturday 15th November (theoretically giving me 10 days)

In my eyes date of notice is 11/11/08 - served two days later = 13/11/08 plus the fourteen days = 27/11/08 - therefore two days short.

Also amount on default is different to arrears notice. Thanks
I am prepared to pay but don't like being accused of deliberately avoiding paying or ignoring them because it is not true

Originally Posted by cleo4patra

thanks - I KNOW this is right but please confirm: Default notice dated 11/11/08 giving fourteen days from date of letter = 25th in their eyes. Arrived on Saturday 15th November (theoretically giving me 10 days)

In my eyes date of notice is 11/11/08 - served two days later = 13/11/08 plus the fourteen days = 27/11/08 - therefore two days short.

Also amount on default is different to arrears notice. Thanks
I am prepared to pay but don't like being accused of deliberately avoiding paying or ignoring them because it is not true

what will happen next though?

Originally Posted by slick132

Hi Cleo,

If Rory said the DN is invalid, it IS.

Next, they'll keep sending a barrage of scary letters, most of which will be a waste of paper.

You'll have to wait and see how they respond to your CCA request.

If you're happy to pay, you could do so and save yourself the hassle of being hounded by DCA's.

If you're happy to stand up to them and see if they have a valid Credit Agreement, wait for their reply to the CCA request.

Thanks - all of this was made worse by spiralling bank charges. I set up several payments sending income and expenditure but it fell flat because my bank took all of our money in one month and then charged us every day £25.00 (have started claim and closed account in order to survive) hence the arrears.

They did say they MAY be able to reinstate payment plan and i put that in my letter concerninf DN so we will see.
It's not that i didn't belive anyone - it's scary for me but I am a strong person.

Originally Posted by slick132

Hi Cleo,



You don't have to remind anyone on CAG of how scary this stuff can be - whether you're putting a big bank's name on a court claim as you take them to court; or telling a DCA visitor to clear off and stop talking tosh.

It's always scary at first but that's how this site is so brilliant. It inspires and empowers people who, previously, would have buckled and NOT stood up for themselves.

Hi - thanks - I also forgot to mention that the I have written (bearing in mind invalid DN) saying that the new repayment I was putting forward would be seen as reasonable by any court. Also they had offered me a secured loan which I refused.

I have heard nothing today from them.