Thread: M & S Credit card not covered by FOS

I took out my Card in 1998 as a chargecard, in 2003 it was changed to a credit card without me asking for it.

I have just tried to reclaim my PPI & after their final response have contacted the Ombudsman to enquire if I could use their services only to be told that as M & S were not part of the GISC when I took out my card they were not covered by the FSA & were unable to help me.

Is there any way of getting M & S to refund my PPI?

Can anyone help me?

Is there anyone out there who can help me with the above?

I'm unfamiliar with the specifics on this but hopefully me commenting will bump your thread up to get it noticed by others in the morning,

Davey

Originally Posted by Natalie6999

I took out my Card in 1998 as a chargecard, in 2003 it was changed to a credit card without me asking for it.

I have just tried to reclaim my PPI & after their final response have contacted the Ombudsman to enquire if I could use their services only to be told that as M & S were not part of the GISC when I took out my card they were not covered by the FSA & were unable to help me.

Is there any way of getting M & S to refund my PPI?

Can anyone help me?

Hello Natalie,

I have experience with M&S and they will always try to have the last word

They are totally aware that the fos will not look into your complaint

You have to be prepared not to allow them the last word, look into the agreement side of things and challange them on this.

Do you have your pre-contractual application form from 1998. They will state it is your credit agreement There are threads on M&S on the site and their upgraded accounts Naughty Naughty

Originally Posted by hellhasnofury

Hello Natalie,

I have experience with M&S and they will always try to have the last word

They are totally aware that the fos will not look into your complaint

You have to be prepared not to allow them the last word, look into the agreement side of things and challange them on this.

Do you have your pre-contractual application form from 1998. They will state it is your credit agreement There are threads on M&S on the site and their upgraded accounts Naughty Naughty

How do you mean look into the agreement?

yes I do have a copy of the application form.

Any help would be greatfully accepted.

Thanks

Credit agreements are regulated by the Consumer Credit Act. Any Credit Agreement has to be in order other potentially could be classed as unenforceable. Application forms as a general rule don't contain the right information to be in order (the Prescribed Terms plus other info) as creditors have been very lazy (especially in the past) with putting these things together.

This may give you more grounds for a dispute.

If you can remove your personal details and post the application here people will be along to have a look and give an opinion.

Originally Posted by davey77

Credit agreements are regulated by the Consumer Credit Act. Any Credit Agreement has to be in order other potentially could be classed as unenforceable. Application forms as a general rule don't contain the right information to be in order (the Prescribed Terms plus other info) as creditors have been very lazy (especially in the past) with putting these things together.

This may give you more grounds for a dispute.

If you can remove your personal details and post the application here people will be along to have a look and give an opinion.

I am not very bright on IT- how do I do that?

You can either scan the document, removing details with, say, photoshop, or any other program that will do the job.. or photograph it with a digital camera (in good light without the flash on).

http://www.consumeractiongroup.co.uk...i-dummies.html

Then create a free account with a place like photobucket and upload your jpeg image there where it will then give you a link to post on here.

Image hosting, free photo sharing & video sharing at Photobucket

Here's a copy of my agreement

Originally Posted by banker_rhymes_with

Hello Natalie6999!

That alleged Agreement is not Enforceable as it stands.

(A) It has no Prescribed Terms.

(B) It looks like a Microfiche Copy, suggesting they do not even have the original Written Agreement (alleged!).

My advice is to get as many looks at the thing as you can, i.e. s78(1) Request, and then also Request all the Data they hold on you via SAR along with the £10 fee (send everything important via Special Delivery so that you can prove when they received your Requests).

The key is to make sure you exhaust all avenues of enquiry to be sure that is all they have or, rather, to be as sure as you can be given that they will be as keen to avoid letting you know for certain!

You can also then consider CPR 34.16 to see if you can arrange a Physical Inspection, but do search CAG on that, as there are cost implications you need to be aware of.

Hope this helps.

Cheers,
BRW

What do I look for on a full SAR?

In plain English please.

Thanks

Natalie

I'm with BR there Natalie.

No APR, no Credit Limit, monthly payments etc (Prescribed Terms).
Without those on the signature document is it not a Credit Agreement.

I am thinking of writing to the Chief Executive of M & S Money re my PPI on my & More credit card before I start all the legal stuff, does anyone think that it will help & any ideas of what to put in it?

I am hoping that this approach will help if I am polite & non threatening.

If you are referring to a Subject access request as 'legal stuff' then it's not really that as you are not doing anything that involves the Court in requesting a SAR from M&S. It's your right to have access to that information whether on benefits or being a millionaire.

You could try a letter to the CEO but could also SAR M&S at the same time. Wouldn't hurt.