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.
My app form was judged to be the 'same old crap' as sent to other caggers.
Am now going to send the 'in dispute' letter....
ajs444 - what is the difference between the letter you cut/pasted and the 'Account in Dispute' letter in the forum library? M&S are supposed to be still processing my SAR too. Does it make a difference?
They have really sucker-punched me, y'know, they are lovely on the phone!
For clarity on this thread - the form copy they sent me
BTW - they responded to my SAR with a form - asking me to tick a few spurious boxes and sign as authority
I told them to s*d off - to get on with processing my request which was perfectly clear and signed (crossed thru on a dark red background so they cant copy it).
Yep, read almost any M&S Thread, and you will note how they always seem to play silly beggars with signatures etc to delay their response.
Standard tactics on their part, trying to buy themselves extra time. A complaint to Trading Standards (WRT s78(1) Request delay) and/or the ICO (WRT SAR Request delays) may be an idea. If everyone did this, the message would get across to the toothless wonders who are supposed to enforce things on our behalf.
If you need me to delete the above Scans from my Post, just let me know and I can edit the Post to take them out.
UPDATE: I've now deleted the Images, but have replaced them with Hyperlinks, so they can still be seen. This was to stop the Thread Width from getting too misaligned, which was making the Screen scroll off to the right.
I just copied them over from ajs444's Thread. If you can add thumbnails linked to the larger copies, then I can delete these large scale Scans from here to help get the Thread aligned better.
There's a DIY Guide to how to use Photobucket in the CAG Forum Library I think, yes, these may help you:
Thanks everso for the help - I am completely pants with this photo bucket thing.
I am ok with having these docs 'loud and proud' - I hope they help someone else.
Unless they are a problem for the site I am happy for them to stay as they are.
My 'dispute' letter will be received by M&S today. I am ready for the fray, thanks to you, and folk like you on this site.
I now have Barclaycard and M&S 'in dispute' - so must tackle the issue of my Barclays accounts.
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
Still reeling from the knowledge that these buggers sent me a copy of T's and C's trying to mislead me into thinking it was mine.
Now it seems I too am subject to the M&S piddling about - they are avoiding my SAR request with their demand for a signature - specifically - a signature on THEIR authorisation form.
I signed my original request - crossed it through and blocked the background in dark red so it cannot be copied.
I have already written and told them that I feel my written, signed authority was enough for them to action my request and I have already provided the information they ask for on their form. I see no need to complete THEIR form - there is no more information on there than I have already given.
So - questions -
1. They are now SO overdue on the SAR its not true. What does that mean? I know that an overdue CCA request has consequences but cannot find out what the consequences are of an overdue SAR.
2. I plan to write back and insist that they dont need my signature on their authority. That my signature on my letter was enough and there is no further 'identification' they should require. Am I doing the right thing?
3. They are time wasting and I plan to complain to OFT. Again - thats right innit???
Ah yes but - the complaint to OFT will be about timewasting on thier process - unless you complain to someone then there arent any stats or evidence and they will think that all is hunky dory. Thats my view on it.
Meantime - the SAR question frustrates me. If you CCA them - they get 12+2 working days and after that they have clearly broken a rule and are in the wrong - also there are certain consequences - like they cant sell you onto a DCA etc....
There is a 40day (working?) limit on a SAR but I cannot see any correspondence or anything which deals with people who have just ignored my SAR request (like M&S and, while I am at it, Barclays Bank). Surely there is SOME comeback or miffed letter at least????
Once the 40 days are up you can make a complaint to the Information Commissioners Office. Sadly they appear to be swamped with complaints and CAGers are reporting that their complaints are taking up to a year to be dealt with.
You can go down the court route this would mean sending a letter before action, giving M&S 7/14 days to respond. If you do this, you MUST follow through.
Alternatively you could send them one further letter saying you can see no good reason why they would want to be so obstructive. Perhaps they would be so good as to explain why they are prevaricating over the dispatch of your Subject access request.
You could remind them that you have available to you, 2 options shold they continue to prevent you access to data you have a legal right to. You can report them to the Information Commissioner or you could issue a claim via the county court in order to have a Judge order compliance.
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
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
2. Do you have enough information to be sure of the requester’s identity?
Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.
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
Thats BRILLIANT - thank you so much Citizen B.
I have already replied with a very strong argument as to why they have no reason to question my identity at this late stage. But this info will stand me in good stead when they reply with more nonesense - which they surely will. Your help is VERY much appreciated.
I am happy enough with the general status quo at the moment so wont go the court route unless really have to. We are in dispute (well I am - I dont know if they agree, yet ) since they havent supplied an executable CCA in my view. I was using the SAR from that perspective, rather than looking for refundable charges at the moment which is, I am sure, the reason why they are prevaricating.
Just having these buggers kept at arms length for a while at least frees me up to find a job - which is where my problems started. Why dont they get the simple equation of :
no job=no money, no money=no repayments, no repayments=harrassment, dealing with harrassment=notime to find a job=no job........
Do you remember the song "theres a hole in my bucket??"
Anyhow - thanks again - this site is a life saver! Its the only way I get a nights sleep and that aint no exaggeration.
Thats BRILLIANT - thank you so much Citizen B.
I have already replied with a very strong argument as to why they have no reason to question my identity at this late stage. But this info will stand me in good stead when they reply with more nonesense - which they surely will. Your help is VERY much appreciated.
I am happy enough with the general status quo at the moment so wont go the court route unless really have to. We are in dispute (well I am - I dont know if they agree, yet ) since they havent supplied an executable CCA in my view. I was using the SAR from that perspective, rather than looking for refundable charges at the moment which is, I am sure, the reason why they are prevaricating.
Just having these buggers kept at arms length for a while at least frees me up to find a job - which is where my problems started. Why dont they get the simple equation of :
no job=no money, no money=no repayments, no repayments=harrassment, dealing with harrassment=notime to find a job=no job........
Do you remember the song "theres a hole in my bucket??"
Anyhow - thanks again - this site is a life saver! Its the only way I get a nights sleep and that aint no exaggeration.
Cheers
Minx
Yep, perhaps you could find the lyrics and send them to the CEO of M&S
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
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
So I now have a response to my 'Account in Dispute Letter'
<See posts 20 or 21 for image>
Help - they have also sent a FINAL DEMAND which requires me to contact them in 48 hours and states that no more reminders will be sent.
Neither letter is dated - nor can a date be derived from the envelope.
So - where am I now? What happens, if they dont 'agree' that the account is in dispute - I believe that the form they have sent me is not enforceable, of course, but they disagree and are threatening to pass it to their debt collection team and register the default with the CRAs - all the things they shouldnt do if the account is in dispute.
Suggestions anyone????
My first instinct is to write and tell them that what they have sent me does not represent an enforceable document. This is especially since I am now aware that the exact same second page has been sent to hundreds of other people. This isnt the first time that M&S has tried to mislead me - and I have my complaint about that in writing. I feel really angry that they have consciously tried to pull the wool over my eyes. Surely this much-copied document cannot in any way shape or form, constitute a 'true copy' of my document??
or - would i just be prolonging the argument?
Whats the next step guys, please! I simply dont have the money for these people - am going for an interview today for a job which will only just cover my priority outgoings. Until something more lucrative comes along - I am stuffed!
Waterminx v's M&S
too. Does it make a difference?
Reply With Quote
) since they havent supplied an executable CCA in my view. I was using the 
Originally Posted by waterminx
Yep, perhaps you could find the lyrics and send them to the CEO of M&S 
