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I think what I'll do is send SAR's and inform Capquest AGAIN why the account is in dispute. And I'll see my solicitor next week too. I've spoken to him over the phone and he seems quite amused about Capquest's exploits so far. A while ago I reported Capquest to the OFT. I got a letter informing me that they don't deal in individual cases. Today i got another letter from the OFT asking me to make a full written signed statement, as they are interested in how Capquest are dealing with me. And they asked for a copy of all correspondance from and to Capquest, this was all faxed to them today. Going to wait and see what Capquest do next and then do the statement.

I already put the account into dispute last march and they have ignored it.

Forgot to mention. They are charging me interest and fees every time they write to me. However at no time have i been informed of the interest rate being applied or a list of fees. Your guess is as good as mine.

I got the first threat in march. Sent off for the CCA and it came back about a month later. NO ID box was ticked indicating that NO formal ID was used to open the account. Also nowhere on the application was it marked as accepted. The account has been in dispute since march, and every letter i have sent them has had "ACCOUNT IN DISPUTE" on the top. They have now sent this letter with the last couple of years statements and have said that they are perfectly happy and within their rights to obtain a CCJ and then a CO on my property. They have refused to enter into anymore dispute about this matter and will press ahead to court whether i like it or not. Also are they right saying that as it was a migration from a chargecard to a credit card they don't need a separate CCA?. What should i do to obtain a copy of any ID that was used to open the account? And is it legal that the appropriate tick boxes were not ticked? Should a send off an SAR request to Capquest and M&S asking for a copy of the ID used and any other information they hold?

I'll try again. If you click on the link below I've zipped them up for download. DOWNLOAD

I got this from them today. They have previously sent me a copy of an application for a chargecard which was NOT marked as accepted and NONE of the ID tick boxes were ticked indicating that no formal ID was presented when the application was filled in. The application was in someone else's handwriting. They are trying to recover a debt for a credit card but only have a charge card application to show me. As you can read on the latest letter they have sent they say it was a migration and because of this a separate CCA isn't needed for a credit card. What should i do now? I've got an appointment with a solicitor through the union I'm a member of who is a specialist in CCA law next week. In the meantime should i submit an SAR to Capquest AND M&S. I'm especially keen to get hold of any formal ID that may have been used to open this account as I'm pretty sure they don't have any which is highly illiegal.

So thats a document to send them when i get a response to mine. I have noticed that they are adding £50 a go to the alledged debt everytime they write to me.

What do you think of the errors? They are quite serious errors don't you agree?

I've just sent them this. Do you think It'll work. They are breaking the law after all. Account In Dispute Dear Sir/Madam Thank you for sending me some of the paperwork I requested. However I must point out that it is well after the prescribed 12 + 2 days, and the alleged debt is now unenforceable by law. However the information you have sent me has made some interesting reading, and I have discovered some serious, and downright illegal discrepancies in the documents received so far; Application Form (For Office Use Only Section). On this form it says nothing about the account being approved and is not stamped as approved. There is NO authorisation code in the relevant box, and it seems that no identification was presented or requested when the account was applied for, as none of the identification provided boxes are ticked. As you know anyone applying for any sort of financial service must provide proper, correct, and legal identification. Only the store number and sales assistant numbers are present, (presumably for commission purposes). There is NO account/reference number filled out in the relevant boxes. This indicates that the account was NOT opened with the information contained in this document. If an account was opened with this document then Marks & Spencer would have been breaking Financial Services Authority rules, and thus the law. Section 10A of the application form. In this section the following is filled in. It states “Complete only if you wish to apply for a charge card” This section is ticked, and the credit limit requested is £500. So as you can see this appears to be an application for a charge card only. Handwriting on the Application Form. The handwriting on the application bears no resemblance to my own whatsoever. Application form illegible. Certain sections of the application form are illegible, especially the smaller print sections such as the data protection section, and large sections of the original Terms and Conditions, from when the account was allegedly applied for in 1997. Copy of the terms and conditions. You have sent me a another copy of the terms and conditions, presumably because the original 1997 terms and conditions were illegible. However, these do not relate to this account whatsoever, as this document is date marked as October 2009. At least two years after the alleged debt was sold to yourselves. Also these terms and conditions appear to be for a credit card, as it mentions cash advances and balance transfers. Statement of Transactions. You have sent me a statement of transactions, which shows the date the alleged debt was transferred to yourselves. At the top of this document it states “Marks & Spencer Credit Card. NOT CHARGE CARD!. As you are aware charge cards and credit cards are completely different and incompatible financial products requiring their own applications forms, processes and terms and conditions. I am somewhat confused how you can be chasing an alleged credit card debt, and supply an illegal unapproved application form for a charge card as proof of this alleged debt. Please remove the alleged debt from my credit files and destroy all my details from your records. Please confirm this has been completed within 14 working days.

What do you think of the Chargecard/Creditcard issue?

Just another thing. From what date is a statute barred 6 year term calculated from? On the statement it quotes 2007 but i know for a fact that it was a long time before this that the account went into default with M&S. Any ideas how i should proceed? When this is all over I'm thinking of taking them to small claims to claim for the time, postage and stationary i have used. If they don't pay I'll send a bailiff in to collect.

Today I got another letter from Capquest with a Chargecard application form that that I supposedly filled out in 1997 that is bordering on illegible, (have a look at the data policy section). A statement of account with dates from 2007 (statement date 2010), relating to a Credit Card and a copy of the terms and conditions dated October 2009. Anyway I've uploaded them all in a zip file. Have a peek and let me know what you think. What sould I do now? I'd like to thank everyone who has helped so far. You have been a great support. DOWNLOAD HERE Tony

I sent the letter. I also sent copies off all the leters to their local trading standards and the oft. Still waiting to hear back.

My wifes on the edge of a nervous breakdown because of this and her father passing away. It's getting to me too. Don't seem to sleep very well now. Does anyone know which part of the Data Protection Act they are refering to? How should i word the letter?