Marks & Spencer Credit Card

[manc1976]

 

would help a lot of us i think (((SORRY manc - asking for this on your thread)))

 

 

Don't be sorry, It is all good, and I would be interested to see the threads too.

 

Thanks Willow, is good to know what the buggers get up to.

[angel_1]

thanks manc

 

all about self learning and knowing the pitfalls before we end up further in the pit so to speak

 

laters angel x

[willow1261]

Dont have much of a thread to speak off, but what i did was research loads of different threads on various web sites and put together parts of different letters to make 4 or 5 letters which took me through the process from start to finish. In house sols are D & G solicitors who are complete bar stewards, and will use the most incredible bullying tactics to frighten you. They ordered me to withdraw my defence as they had sent me all i needed to know otherwise they would enter judgement against me. Most people would believe them and pay up anyway, which is what they rely on!! In the end all their threats came to nothing, and as i had it all in writing i threatened to report them to the complaints board of solicitors who deal with mal practice . Never heard from them again!!! Funny that!!

 

Happy to help any one who needs help from these ****holes!!

Just contact me....

 

willow x

[angel_1]

willow thanks i may just be callling you very soon Help,,,,

 

laters all angel x;)

[manc1976]

Will keep you mind, should they start proceedings against us.

 

Thanks again

[Hopster]

I haven't followed this through and it sounds like a great victory. Well done you.

Were you disputing the enforceability of the M&S credit card agreement and had you stopped making payments before all the brouhaha ? Do we (anyone) know if the standard M&S Money CCA is enforceable ? Please advise.

[willow1261]

I have all these fantastic letters, i just wish i could learn to upload them!!!

Im so useless with computers!!! Seriously you can win. I put a binding order on the solicitors which seemed to have an effect. I got this of another site. i hav'nt seen it mentioned on CAG. Put it this way. I am now approx £ 12000 better off!!

 

Willow x

[willow1261]

Hi hopster,

 

to cut a long story short i struggled with payments and stopped making them in the end.

 

i tried to make things right but they were not interested, and took me to court to get a charging order, so i had to fight back. Had they not issued court directions i would have started to pay it back, so they did me a favour in the end!!! My agreement started in 1997, if that helps you.

 

willow x

[Hopster]

This is really interesting. I would love to get the history of this, I really would. How can I do this ?

[willow1261]

my account didnt go to an outside DCA they just passed it straight to in house solicitors. iI was a big balance so maybe this was the reason. I started the ball rolling with a CCA request by registered post which they ignored. Within a month, they went straight for my short and curlys with a court summons filed at Northhampton, which is the norm anyhow. This is not for the faint hearted, but as long as you have a water tight defence you will be ok. ( as long as agreement is unenforceable!) Default notices can also play an invaluable part in any court action, if they are not valid. Hve you CCAd them yet? You possibly will get something back but wether it is enforceable is another question.

hope this helps.

willow x

[Hopster]

Willow

Yes, I CCA'd them in October last and eventually at the end of November got a copy of the original application form and relevant terms and conditions. I have paid nothing since. They have recommended me to Payplan earlier this monthb but I have done nothing. I have asked a solicitor to have a look at all the paperwork but no-one seems prepared to say that the agreement(s) (for there are others) are unenforceable. How did you know that yours was ? I have not received a default notice yet ! HELP !

[willow1261]

Hi Hopster,

 

When you say agreement(s). how many do you have? You should only have 1 from M& S. Are you including other banks generally? How old is your M& S agreement? Is it a pre contractual application form ( you mention application form above.) Can you post it up here and I will look and see if it is the same as mine. Your solicitor wont be able to help you unless he is an expert in consumer law. You probably know more than him already from this site. M&S want their money back so they will direct you to people who will help them achieve that.( payplan etc.) They dont want to help you they want to help themselves!! Sit tight and dont pay them anything. See what they do next. Even if you get a default notice they don't keep them on file, and cant produce them in court!!!

Going through this process isnt nice but now i am approx £33000 better off from three banks. Some are easier than others!!

hope this helps

willow x

[Hopster]

Hi Hopster,

 

When you say agreement(s). how many do you have? You should only have 1 from M& S. Are you including other banks generally? How old is your M& S agreement? Is it a pre contractual application form ( you mention application form above.) Can you post it up here and I will look and see if it is the same as mine. Your solicitor wont be able to help you unless he is an expert in consumer law. You probably know more than him already from this site. M&S want their money back so they will direct you to people who will help them achieve that.( payplan etc.) They dont want to help you they want to help themselves!! Sit tight and dont pay them anything. See what they do next. Even if you get a default notice they don't keep them on file, and cant produce them in court!!!

Going through this process isnt nice but now i am approx £33000 better off from three banks. Some are easier than others!!

hope this helps

willow x

I would post it if I knew how. Where do we find an expert in Consumer law ?

[Hopster]

I would very much like to know how your agreement turned out to be unenforceable and for what reason.

[willow1261]

My agreement had none of the required terms on it ,or much else on it for that matter!. No specific APR rate, no credit limit, no account number on form, no bank signatory etc. The terms and conditions on the back were from 1997 but in parts were unreadable. the consumer credit act bit was on the back of the form not on the front. the whole thing was from a microfische and not great quality. Charges for going over limit etc (£25.00) at the time were not even on the back let alone the front. Or if they were they were unreadable. All this adds upto a completely unenforceable agreement.

hope this helps

willow x:razz:

[manc1976]

Letter from Sparks & Mincers today

 

 

Now, correct me if I am wrong, but if they have already registered a default, then they cannot re-call it and register a new one.

 

Can someone please claify this and what it means to me.

 

Thanks

 

[steven4064]

Of course they can't - if they admit they issued a DN, even if they can't find a copy, they cannot issue another.

[manc1976]

Cool!!

 

Was wondering how they could re-issue a default that is showing on Experian as Defaulted in August 2007.

[steven4064]

If it is defaulted, the account is closed. THey can't close it again

[nicolee2931]

Well this looks like a clear case to get the default removed with experian, I would send experian the evidence that a default has been incorrectly marked on your file.

[Hopster]

You say if a default is registered the account is closed. Do you mean that or have I misunderstood. I have two defaults registered at Experian. The account is closed ? No further interest ? Please advise.

[manc1976]

Just spoke to my OH, and we have a letter from Sparks & Mincers which is a shiny brand new DN.

 

Now you would think that they would get it right this time around, but they have failed to put a remedy date on the letter, but instead just wrote that it was 14 days from the date of the letter!!!!!

 

I will post it up when I get home from work

[manc1976]

Here ya go guys, have a good laugh at this excuse for a DN

 

[manc1976]

Back to the idiots at Collect Direct again

 

[WelshMam2009]

Back to the idiots at Collect Direct again

 

 

I would write back asking them to confirm what "various local sources" have they been discussing your personal circumstances with exactly!!