Thread: M & S & More Credit Card

Hello NA,

I sent my stage two letter to M & S & have received the same standard reply asking for four more weeks to consider my complaint, they have been considering it for eight weeks now, how can I get them to speed things up without going to fos, Unlikely you will get them to speed things up as they are generally trying to slow things down to hang on to your money, who are snowed under with similar complaints. Yes they are snowed under but they have extra staff and a phone call will help.I already have a complaint with the adjudicator for Tesco PF which might not be looked at for two months. Two months is good for the FOS as it used to be six to nine months.

Any advice?

My advice would be as follows:

Firstly submit a serious formal complaint to the Information Commissioners Office about the failure of M & S to respond to your complaint within the statutory 40 days ie they have failed to comply with a legal statutory notice as required by the Data Protection Act 1998. Copy the letter to the Office of Fair Trading, Financial Ombudsman Service and Trading Standards Office if you can find an address for them.

You can find all of the addresses in either here...................links

or here which is my link and you are welcome to use any letters for your cause...

alanalana PPI claim against RBS (looking for some help) please

it is a huge thread but contains a lot of stuff you may wish to use in your own fight

Good luck

aa

Originally Posted by Natalie6999

I sent my stage two letter to M & S & have received the same standard reply asking for four more weeks to consider my complaint, they have been considering it for eight weeks now, how can I get them to speed things up without going to fos, who are snowed under with similar complaints. I already have a complaint with the adjudicator for Tesco PF which might not be looked at for two months.

Any advice?

Hello Natalie,

When I see a M&S thread, I am like a homeing pigeon

I have experience of this lot, with their formally obliged to tell you letters

You state that you have sent your letter 2 to them and I would presumme that this is regarding a refund of mis-sold PPI.

Do you have a copy of your credit agreement showing that you did indeed request it or you didn't know?????????????

Can you tell us your reasons for mis-selling????????

Do you have any information relating to the insurance policy, ie who the underwriters were, terms and conditions etc etc.

Did you send them a SAR and as AA discussed, did they fully comply and give you all information. ie the above and more.

Sorry for all of the questions, but it is good to get a bit of background to the case.

Once you come back with the anwers, we can have a look to see if you can spur them on

Originally Posted by hellhasnofury

Hello Natalie,

When I see a M&S thread, I am like a homeing pigeon

I have experience of this lot, with their formally obliged to tell you letters

You state that you have sent your letter 2 to them and I would presumme that this is regarding a refund of mis-sold PPI.

Do you have a copy of your credit agreement showing that you did indeed request it or you didn't know?????????????

Can you tell us your reasons for mis-selling????????



Do you have any information relating to the insurance policy, ie who the underwriters were, terms and conditions etc etc.

Did you send them a Subject access request and as AA discussed, did they fully comply and give you all information. ie the above and more.

Sorry for all of the questions, but it is good to get a bit of background to the case.

Once you come back with the anwers, we can have a look to see if you can spur them on

I started with an M & S Chargecard on 1998 & in 2003 received an & more credit card through the post without asking for one, I have no need for PPI as I have a chronic condition that would rule me out of claiming, plus I get full pay when I am off sick & am in a very secure job.

I have not made a SAR, but they say that the terms & conditions have not changed.

I don't have any information about who underwrites the insurance or the terms & conditions, but on the complaints leaflet it says that Hamilton Insurance cover PPI (which M & S no longer sell)

M & S don't give any contact number or email address & are not at all helpful.

Any advice would be great thanks.

Originally Posted by Natalie6999

I started with an M & S Chargecard on 1998 & in 2003 received an & more credit card through the post without asking for one, I have no need for PPI as I have a chronic condition that would rule me out of claiming, plus I get full pay when I am off sick & am in a very secure job.

I have not made a Subject access request, but they say that the terms & conditions have not changed.

I don't have any information about who underwrites the insurance or the terms & conditions, but on the complaints leaflet it says that Hamilton Insurance cover PPI (which M & S no longer sell)

M & S don't give any contact number or email address & are not at all helpful.

Any advice would be great thanks.

Hello Natalie,

They will be most unhelpful and will prolong this complaint for as long as they like, more than likely deny and state that the ppi was added on a non-advised sale, MMMmmmmm

M&S may tell you anything including a few mis-truths to say the least, because they know things that you don't know

A few points of interest for you that you may or may not know

You opened up your store card with them in 1998, you more that likely filled out a pre-contractual application form,, then they sent you the store cared to use only in the M&S stores.

In May 2003, this company, before it becames regulated by the FSA, saw a little loophole in legislation and sent over a million of its customers, a credit card & More Money, of which you and I got one.

Wow we thought, we must be really special customers, cause they have increased out credit limit and we can now use it anywhere They even gave incentives to you to spend the money. points system

Of course they did sent out a mailer to you to explain everything

This article was published regarding the outrage of their sneaky ways of exploitation of customers. They are not allowed to send you a credit card under the consumer credit act 1974 unless you asked for it

Consumer advice
Marks makes sparks
Richard Dyson, Mail on Sunday
24 September 2003
THE financial arm of Marks & Spencer has become the first major company to break the Banking Code, the voluntary rulebook agreed by the banking and credit card industry.


precedented move: Laurel Powers-Freeling
M&S Money, which is poised to launch its '&more' credit card business in the next fortnight, has ignored the rule that forbids lenders from sending cards to people who have not asked for them.
Within days, M&S will post its new MasterCard to 2.6m people. In all but a handful of cases, the recipients will not have requested the cards. Instead, they will be targeted because they are on the company's database of five million store card customers.
The move, seen by rivals as unprecedented and extremely aggressive, will at a stroke transform M&S into Britain's sixth-biggest credit card company.
Up to £4bn of fresh credit will be offered to consumers who have not asked for it.
The Banking Code has been drawn up and modified over several years to promote good practice and fairness to consumers. The code clearly states: 'We will send you a card only if you ask for one or to replace a card you already have.'
M&S's card launch is being overseen by Laurel Powers-Freeling, formerly of Lloyds TSB and now chief executive of M&S Money.
She says the new &more cards are simply 'replacements' or 'upgrades' for existing store cards. But in practice, the cards are completely different - store cards can be used only in M&S shops and typically impose low spending limits.
The new cards can be used anywhere and the average spending limits are likely to be at least doubled, according to M&S.
The code is enforced by the Banking Code's Standard Board (BCSB), which is now in an embarrassing position. In private, it has expressed concern at M&S's tactic. But publicly, it is allowing M&S to wriggle off the hook because the code is not set to apply officially to M&S until next summer.
BCSB chief executive Seymour Fortescue says: 'M&S is still in the process of applying to subscribe to the code, so we don't yet have official jurisdiction over its activities. Only when it is fully covered can we force it to comply.'
M&S's move, coming as card issuers face increased scrutiny from MPs on the powerful Treasury Select Committee, has also plunged the High Street giant into political hot water. Vince Cable MP, the Liberal Democrat industry spokesman, has called for all uninvited offers of credit to be outlawed.
Of M&S's card launch, he says: 'It is unsolicited debt promotion by any other name, whatever the company says. It's very dangerous.'
And he warned: 'If and when the current economic bubble bursts, a lot of people will find themselves in difficulties. M&S will have a direct responsibility.'
An M&S spokesman said: 'We are offering existing customers an improved service. We are not sending cards to people with whom we have no relationship. Our credit limits are extremely prudent. We can say, hand on heart, that we are a responsible lender.'



I certainly would be sending a SAR to them