Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I sent a s77/s78 to M&S on the 6th Feb and on the 5th MArch they sent a letter back stating that they had enclosed a copy of the original application form and the relevant t&cs. Strangely it also says that they have signed a copy of my current monthly statement outlining the outstanding balance.
Attached was a recent statement of transactions stamped and signed by M&S, a photocopy of an application form signed by me, a seperate photocopy of terms that seems to go with the signed application then a T&C document from September 2008 which is 5 pages long.
As there is a signed application from me with T&Cs is this inforceable and what do I do next if it isn't.
If the application form doesn't contain all the prescribed terms then it's unenforceable.
Best if you could post it up (minus personal details) and let the experts have a look
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Unfortunately, It's virtually impossible to read so what you could do is see if the prescribed terms are on the application form.
Does the signature page contain the APR, credit limit(or a statement saying they will set the limit) and repayment terms. If not, does the signature page refer to the terms and conditions in a separate page. If so it could be enforceable however, the paperwork they send you should be legible. If that is the quality of the photocopy they sent you and not your scanner I think that could be grounds for UN-enforceability
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Silverfox
Thankyou so much for looking at this. The copy they sent is no more legible than the posting but I can see that there are no details about APR, credit limit or repayment terms on the signature page, nor does it refer to a seperate page.
Is my next stage to write back asking htem to send a legible copy and one for an actual agreement rather than an application form?
You can try that but they will try to get around it by saying that they don't have to send the original agreement but a "copy" of what you would have signed which does comply with the law.
As your still with the company and not with a DCA, I would recommend sending them a SAR. They can't get around the law with that one.
You will have to edit this: http://www.consumerforums.com/resour...ebt-a-dca.html
to suit your situation and it costs £10 but they will have to send you everything they have and if that "agreement" comes back again you can start negotiating with them for a F&F settlement.
In the meantime send the letter you thought of but head it with "Account in Dispute" and the reasons why you think it is so.
While the account is in dispute, they can do nothing to it(enforce payment,sell the debt, put adverse ratings on your credit file)
Be prepared for a fight. They don't like to give in easily
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
M&S What do I do next?
Reply With Quote
