Hi,

I started my fight with credit cards early in 2008 by unfortunately using an agent who acted on behalf (stupid I know), he has now gone walkabouts so I am carrying on myself.

I had an M&S money credit card which was opened in 2006 and during the time the agent was looking after the letters etc a credit agreement never appeared.

I started receiving letters from DLC with regards the debt and I sent the a CCA request in which they have now returned a signed copy of the agreement and a statement of transactions.

I have also received a letter from ScotCall Debt Collecting Services with a doorstep collection notice, are they linked with DLC?

Can anybody please advise what I need to do next

as I have no idea if the agreement is enforceable or not, my signature is there and it is dated.

Also looking at the statement of transactions M&S have added a substantial amount of interest onto the account since it was originally disputed are they allowed to do this?

Sorry one more thing,

how do I know if the debt has been sold to DLC as I have never received a letter from M&S stating this?

Thanks

Can you post the agreement up after removing identifiers?

Please see attached the agreement. Looking at this I think it is probably enforecable but hopefully you may be able to spot something they have done wrong.

Thanks

Can you post them up to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and then copy & paste the urls back here?

Sorry didn't think that had worked! here you go!

I'm afraid it looks enforceable, it contains all the prescribed terms.

Have you received a Default Notice?

Thank you for looking, thought that may be the case. Yes I do have a copy of a default notice m&s sent in 2008.

What should I do now as I have no way of paying the balance in full!

Thanks

Can you post up the DN, removing identifiers but leave in all the dates.

Here is the DN I received. Can I jyust check when an account is in dispute interest should not have been added is that right? As the account went into dispute in April 2008 but they had added interest throughout 2008.

:D

Have they terminated this a/c yet?

Not too sure, how would I find out? The first debt collector that was involved was collect direct but I have never received a letter stating that the account was closed or that it had been sold to a DCA?

You will have to send the original creditor a SAR to find that out, but the good news is the DN is defective, they allowed you 14 days from the date of the notice for you to remedy... they neglected to allow for postal service, so if they've sold the debt or demanded payment of all the monies they have unlawfully rescinded the agreement and are only entitled to the arrears at the time the default notice was issued.

Have a read of http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

OK thats great news! I will send off an SAR this week and will post up details as soon as I have them. If I end up paying the arrears am I entitled to ask them to remove the default notice from my credit file?

Really appreciate your help!!!!

If I end up paying the arrears am I entitled to ask them to remove the default notice from my credit file?

The latest letter I have had from scotcall states "your above outstanding debt has been placed with scotcall" could this mean it has been sold and they hav'nt properly informed me?

Also should I send them a letter telling them I am sending m&s an sar to get them off my back as they are threatening a doorstep call?

Hello Skyblue

Write back to Scotcall and ask them to state exactly what they mean by 'the debt has been passed to us'. You may also want to write to the OC to confirm what the exact position is from their view point but perhaps the SARN request to the lender will bring that out.

Send this to Scotcall; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

A doorstep caller is nothing to worry about when/if they come just tell them your not intrested and close the door. There is nothing they can do. They mean nothing.

A doorstep caller is nothing to worry about when/if they come just tell them your not intrested and close the door. There is nothing they can do. They mean nothing.

True, but it's the fact that it can be intimidating for some and also that the lenders will add a charge for that 'service' to your account - and charge interest for it of course.

Be mindful also that a doorstep visit from the lender, when a debtor appears to be in difficulty makes them 'look better' in the eyes of the regs should a complaint later arise. It makes them look like they've tried to 'improve' the situation.

But yes agreed, doorsteppers can certainly be ignored as far as I know...

i,

I have now received a bubdle of paperwork from M&S which did arrived within the 40 day limit.

The documents they have enclosed are;

- another copy of the signed agreement,

screen prints outs detailing all transactions, payments and all contact.

There are a couple of copies of the more recent statements but no copies of default notices or Notice of assignment.

Do I need to send M&s another letter requesting this?

Thanks!

Do I need to send M&s another letter requesting this? Thanks!

Do I need to do anything at the moment, should I let them know the default is defective? Thanks

Is there any mention in the SAR of them terminating the a/c?

I have checked through the sar and it is very difficult to understand because a lot of if is in code but no it doesn't seem to have any mention of the account being sold on.

I havnt received anything from them since the sar,

is there anything else I need to do at moment or just sit tight and see what comes through next?

Thank you all for your help so far!