I have my own MS thread, and also contributing to another, but couldn't resist joining in ... guess what yes another Sigma transferee .. guess what ... wrong name on my letter too, which is the 2nd time round. First was in Jan, I ignored, but the lady who must have got my name must have complained, as I recd a letter of apology with a 2nd copy of the orig letter, this time with my name correct. Recd a 2nd letter today, with the same lady's name as the first time as the addressee ... its hilarious !!!!!!! I did think there was just a mix up on our 2 accounts, but obviously its a widespread fault in their system .. made my day finding this thread ... !!! Oh by the way, if like me, you were an old store account - automatically tsfd to the credit card, the cca they have sent you is for the store card and has no link or relevance to the current ccard you have. They tried to argue the OFT told them they could do this without the issue and signing of a new CCA, which is absolute balls, as the OFT threatned to fine them, and made them stop the practice ... They also tried to say to me the t&cs were on the back of the app (thats the app for the store card, not the ccard they are trying to collect on), but the silly billy's had already sent me the front and back copy of the app at first request, and the back was clearly a pre-paid MS return address for sending the app off for processing .... doh !!! They were a bit stuck for words when I reminded them of that ... Then they said that the prescribed terms don't have to be in the CCA (in my case also the application form), but can be in any document they choose them to be in, of which I would have been provided with a copy ....... you have to give them credit for trying ... the little buggers - they don't learn do they !! Now after (in my case) 3 yrs and 7 different DCAs, poor Sigma have been landed with both mine and apparently a load of other unenfoceable MS debts, that were unlawfully sold under OFT regs, as they were subject of a dispute at the time of sale .... all together now ... poor, poor Sigma ... and naughty, naughty M&S ... !!!! Abs x

Update time (to keep M up todate on what they are doing with my own account, as promised) ....... HL Solicitors for Sigma (who have apparently bought the debt from M&S), have sent a letter requesting payment, its my address and acc no, but the wrong name ... (again) !!!! I will send them the usual defend letter, telling they them they have been screwed by M&S as the ALLEGED debt was in dispute at the time of disposal, its a credit card not a store card, that the cca is worthless, as was the DN. Will update for infor on what they come back with ... Abs x

Hi M, Still having a go are they ... I have pulled up an old letter of mine, have removed all personal info, there are xxxx for you to put in what you want, and also just personalise or amend to your hearts content. Remember this is all bluff - they have nothing for court and would have got there by now if they thought they did. Hope this helps Abs x M&S draft letter pdf.pdf

You can't default on an agreement, and preserve your credit history - unless of course you remedy the default within the specified period - in that case although you will be shown as having late payments on payment profile, an actual default will not be registered. If you don't remedy a default, it will be lodge on your credit records with the various agencies, and remain there for 6 yrs from registration. Abs

If you have already had a default notice, then it would have been obvious that it affects your credit record, as the recording of data is discussed within the DN. Abs

Sorry Default Notice - of which the salient points of compliance are that:- it must specify the breach (which on an OD would be failing to come back within your authoritsed limit) what is required to remedy it the results of not providing remedy as requested whilst giving you at least 14 days from service of being able to remedy the default .... otherwise its defective, and another item that may be considered as part of any defence. A default notice is reqd under an OD agreement, as it is regualted under s10 of the CCA Abs

Hi Yes, your od will be registered with the CRAs, and once in dispute, although creditors are not meant to do this under OFT regs, there will be a default registered, once you have recd a default notice, and don't comply with the breaches. The DN itself can be another tool to use, if incorrectly executed. Hope this helps Abs x

Great idea RMW ... xx

Update time ...Connaught are on the case, threats of BO etc, sent them the in dispute letter, with a copy final letter sent to BOS stating why the account was in dispute. Today recd from Connaught yet another copy of the pref acc agreement, old T&Cs - all making no ref to regulation under the CCA74, they have also enclosed the revised March 2010 T&Cs stating regulation under the CCA74 (issued by BOS some 12 yrs after the opening of the account). The have stated please find enclosed a copy of the agreement you have requested, there is no reason for you not to pay this account, so please contact us with your payment of the os amount. Dear oh dear ... another copy of the SAME letter they have already had going out to them ............... Abs..

Hi all, (this is a duplicate of a post I put upon the debt forum .. with advice that the retail forums may be more appropriate for comment from those experienced) "A friend (well my hairdressers sister !) has purchased an item from a TV shopping channel - which was on available on easy payments. The easy payments are in essence the total purchase price divided by in this case 3 (1st payment at the point of purchase, follwed by 2 further payments at following 30 day intervals, via a registered debit or credit card), this arrangement is open to both old and new customers, and there are no credit checks or credit agreements required or signed. (apparently they are legally permitted to offer upto 4 easy payments without having to perform any credit checks etc). Anyway to the issue ... she bought an item on the above, paid the first payment, the item is out of the 30 day money back period, and she can't meet the 2nd payment. The provider has sent her a letter stating that as she has missed the 2nd payment, the full amount is now payable immediately, with her account to be referred to an external DCA if she does not pay the amount in question by return. Now, she is happy to come to an arrangement with the DCA for reduced payments over a prolonged period to clear the os amount ... but the first thing that struck me is that there is no CCA in place/regulation under the CCA74 - so how far could this really be pursued ... indeed could they even put a default on her credit record ?" Comments, experiences or general chat on how others have faired in similar situation very welcome on this ... Abs x

Well I would take the route that they owe you compensation, in the form of the pch of the TV - as you missed the deal solely as a result of their negligence and mal-administration = which is a breach of the contract you entered into. I.e they advertised a product as an agent of the provider, you purchased it under the adverised terms, you failed to receive your product - as they omitted to reserve/pch the item on your behalf. You could also quote the Mis-representation Act 1967 as part of your complaint - in that their representation of the terms of pch, lead you to believe you were entering into a contractual arrangement with L Social to provide goods, which they have failed to adhere to. I'm not legally trained (don't think O level law counts !!), so hopefully someone who is, and more au fait with consumer and contract law will be along ... but if this were myself I would pursue on the above basis. Hope this helps Abs x

Thanks Guys ... the 2 os payments amount to apx £260 (from what she has told me), just wanted to be able to give her some advice if I could, and as no experience of this myself popped straight on to ask who had ... Will nip over to the forum you mention Uncle B. ... (so if you see my post re the same issue on there .. don't report me for double posting !!!). Anything else you think of keep it coming !! Thanks as always .... Abs x

Thanks B. Does anyone else actually have any experience who can comment on this ?? Abs

Yes perfectly clear that they require all os EPs at once ... or is that your answer to the CCJ question ?? A

Here are the T&Cs I have found re the easy pay option we are discussing ... "On selected products and in conjunction with selected services, xxx offers you the chance to spread payments of a product over the course of two, three or four equal monthly interest-free payments (“Easy Pay”). These offers are often available for a limited period only. When a product is available on Easy Pay, you will be informed of the offer alongside the price information on screen or on the relevant web pages. With Easy Pay you must pay with your debit/credit card and the first instalment will include any delivery charges. You are responsible for paying all instalments and you must inform us if you change your debit/credit card or if your debit/credit card expires or is no longer valid. Any declined Easy Pay payments will result in you losing the right to pay by Easy Pay instalments and all outstanding sums will become due immediately." Comments ! Abs x

Yes, I;ll get hold of the published T&Cs, as they don't provide them with any easy payment arrangement ... I agree on the default an recording of date .. but without a CCA, or signed (neither by hand or electronic means) how could a judgement be awarded ? Abs

Hi all, Although I have my own view on this, would love others comments and thoughts .. A friend (well my hairdressers sister !) has purchased an item from a TV shopping channel - which was on available on easy payments. The easy payments are in essence the total purchase price divided by in this case 3 (1st payment at the point of purchase, follwed by 2 further payments at following 30 day intervals, via a registered debit or credit card), this arrangement is open to both old and new customers, and there are no credit checks or credit agreements required or signed. (apparently they are legally permitted to offer upto 4 easy payments without having to perform any credit checks etc). Anyway to the issue ... she bought an item on the above, paid the first payment, the item is out of the 30 day money back period, and she can't meet the 2nd payment. The provider has sent her a letter stating that as she has missed the 2nd payment, the full amount is now payable immediately, with her account to be referred to an external DCA if she does not pay the amount in question by return. Now, she is happy to come to an arrangement with the DCA for reduced payments over a prolonged period to clear the os amount ... but the first thing that struck me is that there is no CCA in place/regulation under the CCA74 - so how far could this really be pursued ... indeed could they even put a default on her credit record ? Comments, experiences or general chat welcome on this ... Abs x

Good news ... keeps us posted, any more help just shout !! Abs x

Well done !! If you need any help post their response to your "cca" request - just shout ! Abs

If they don't respond with a copy letter of the original letter of facility, and replacement ones for subsequent amendments to the OD, statements, etc - then that places the account in dispute. If a DCA ignores the telephone letter, report to oft - my way of dealling was to just have the phone ring switched off = now no one calls. hope this helps Abs

Mine was sold on ... had a chasing letter, replied stating unlawfully sold as still in dispute, and told them why i.e the cca provided contained no reference to regulation under the CCA74 - despite BOS confirming the account to be a credit card and regulated under the act. As you would guess, no reply ... and nothing further recd to date ... Abs

I would just sit tight until you hear from the next chaser. In my own case, I sent a bog standard CCA request - and waited to see what they came back with - hoping that they would state it wasn't regulated under the CCA74 ! Which of course they did. This claim then let me in with my rebutal of their false and mis-leading statements, further advising them of the regulation of the OD under S10 of CCA74, Coutts & Seb, and anything else that was relevant ... but I DID NOT ALERT THEM TO THE DUFF DN - as thats a dish served very cold (i.e if its pushed into court). I have heard nothing further from them, save for a lame DCA letter, which I just ignored - my OD by the way is in the 1000's (so not something I believe they would easily give up due to the numbers invovled). Have a read through the link I posted earlier, which has some good discussions ... Hope this helps

Bank accounts are not regulated under the CCA74 - but ODs certainly are (with part v exemption) - part v exemption just means that the bank doesen't have to provide a traditional cca document, as you would have signed and received with a loan or credit card. Instead they in place of a traditional cca document, send you the copy letter of facility you would/should have received when the od agreement commenced (and every time the auth od limit was amended i.e increased or reduced). They also have to send you any copy terms and conditions, statements etc...... HOWEVER, part v exemption only applies, if the bank when you send in your cca request claims it, if they don't then the normal cca procedures apply. Additionally, if you are in unauth waters, then within 3 mths of you going outside of your auth od terms, your bank should have sent you details of the revised higher interest (unauthorised od) rate you were now subject to, and any other unauth OD charges to be applied, and the charging period. (they should also send you details of the charges applied to your OD during each charing period - i.e a monthy statement illustrating what they had added to the os debt). Now, if your bank did not send you such information within the specified time frame, they effectively forfeit the benefit of Par V exemption as per the CCA, which means that the OD facility NOW needs a full and correctly executed signed credit agreement to be presented if they wish to pursue through the courts. Indeed, I am currently dealing with a NWide OD - which they have not proceeded any furhter than DCA letters, once they we advised of the above (inc the issue of a very dodgy DN). I must stress that I have not tested the above in court - BUT if you are robust enough and demonstrate that you are aware of the consumer credit laws governing such matters, they may well elect to try it on with someone else who will roll over. Hope this helps ... Abs x Link to an OD thread I have where I also discussed this .. it may help ... http://www.consumeractiongroup.co.uk/forum/showthread.php?295945-Triton-Natwest-

Hi, Well they will refute your claims, as it means from their point of view its out of dispute and they can argue that they are able to leally pursue the debt - which of course they can't as the dispute has not been settled, as M&S have not provided a legally enforceable CCA. And it will neve be out of dispute until they do ... end of ... Abs

Also sorry I haven't caught up with the thread for a while. Ignore all the threats of court, etc, etc, etc - we know the CCA is duff on a number of issues. I doubt by now, it will ever get before a court - and even if it did, you would have it struck out for the reasons we have already discussed (inc a duff DN). So fret not ... the fact they have now sold mine on should tell you all you need to know !! Abs xxx