Rockwell threatogram ouch!

[Patma]

Poor Wan no-one is taking him seriously and he's obviously got a power complex. No-one for him to "orally examine under oath " any more.

[The GodMother]

well with a name like that who could take him seriously

[SkemDosser]

LOL still waiting for my letter from these comedians as M&S move down the DCA food chain.

 

Looks entirely like desparate scare tactics to me. You could write back but there comes a time when you have to decide that life's too short and so just file it in the bin.

 

Or you could send them a postcard of local scenery with just a big smiley face on the otherside of it in an [unstamped] envelope, which is what I'll probably do

[Patma]

Hello everyone, well after a quiet spell, I've had 2 lots of stuff come through. First I got this stuff from M&S by recorded delivery no less!

I guess that was intended to show me they mean business.

 

The Application form has been sent 3 times by them now even though I've already told them it doesn't hack it.

Here it is again though in case anyone missed it forst time.

Please note the date on it. 2.12.87 and then note the date on the first exhibit which I suppose is meant to be the terms and conditions, notice the date on the postmark....... Is it me or is there an anomaly here?

 

 

 

[Patma]

Today I got a letter from the Collect Direct gang which is clearly designed to have me very worried .....

 

 

Has anyone else had anything like this?

[Patma]

I'm not sure whether M&S mean business now and are heading towards court action or whether they are just trying to scare me.

Does anyone have any ideas please?

[debt4get]

trying the scare tactics, remember this is an unenforceable cca

[spartathisis]

Have you been to the site and followed the payment option? They charge 5% for CC and 3.5% for debit cards. Tried entering some fake info using DCA details but it told me no debt existed:(

0113 259 6900 is their business no and are listed as debt collectors by yell under the name of improved financial services ltd. website here IMFS - Passionate about debt recovery....

 

They are members of the CSA so have their code to follow, dont laugh!! Only small fry less than £2m t/o. Forget the CSA the MD is on the board of the CSA!! Denise Crossley F.I.C.M. - Managing Director

 

The compliance officer left uni 18m ago, oohh dear and the collections manager has a city & guilds, wow!!!! oh and they require new collection staff if you are interested.

 

xmas part photo, now do they look scary? (well yes some of them do but blame their parents for that).

Edited March 25, 2009 by spartathisis

[Patma]

Thanks for that Debt4get,

It's reassuring to get another opinion. Do you think I should reply or just ignore?

[debt4get]

if it were me I would send the same letter that you sent rockwells, this aint a cca and it dont cut it..........this account in default until such time as a valid cca is supplied

[Patma]

i hadn't thought of looking at their website, good thinking Spartathisis. Isn't there some OFT rule about not soliciting payment of debts by credit card anyway?

Maybe we should apply for the jobs and civilise them from within. There's a thought;)

[Patma]

Thanks Debt4get, I'll do that.

[Patma]

The terms and conditions are definitely not from the right application as the dates don't tally, so if they did go for court action I guess I could have fun with that.

[rory32]

They charge 5% for CC and 3.5% for debit cards.

You should report this to the OFT as they consider %age transaction charges on credit and debit cards as unfair.

[spartathisis]

never thought about that, they arent supposed to add charges for their services are they? reading background info it sounds like a bunch of misfits who were booted out of large companies and started their own parasite company;)

[Patma]

ok Rory thanks for that. I've already a complaint registered with the OFT for this case, so I'll add that to it.

[SkemDosser]

I'm not sure whether M&S mean business now and are heading towards court action or whether they are just trying to scare me.

Does anyone have any ideas please?

Scare tactics. If they've sent this info three times it's the best they can do and if they were serious about taking you to court they would of ages ago instead of messing about like this.

 

Your one strong defence that should stop them taking things futher is that their 'copy' is illegible. You can barely read it so unless they can produce the original it's unenforceable.

 

It's a microfiche copy so original was shredded years ago. If litigatation were to start invoke the correct CPR to get them to produce the original; if they can't, case gets struck out before even getting a whiff of the court room.

 

The fact can't be avoided that some copies of legible application forms, if they get as far as in front of a judge, run a risk of being accepted as enforcible by some judges. If it does get that far [99.9% improbable IMHO] you put into your defence the s59[1] provisions about it being a pre-contractural application not an executed agreement etc not entirely watertight to rely on alone but good enough to muddy the waters further.

 

This is a no goer. Either keep your head down now, ignore all letters [but make sure you file them lol] and get on with life. Or if you feel up for some battling brinkmanship, tell them to shut up or see you in court. They won't shut up of course but if within a couple of weeks if there is no court papers, you can be rest assured a bit more that there never will be

[personally I think it's important to judge the point where it's worth standing back ,safe in the knowledge it's highly unlikely much else will happen apart from letters and to me, this is it, but others take a more bullish stance lol]

Edited March 26, 2009 by SkemDosser
typo!

[Patma]

Thanks very much for that clear analysis, Skemdosser. I feel a whole lot better about this whole thing now I've got objective opinions from you and all the others who've contributed.

 

[personally I think it's important to judge the point where it's worth standing back ,safe in the knowledge it's highly unlikely much else will happen apart from letters and to me, this is it, but others take a more bullish stance lol]

That's a very good point and thankyou for putting it in a nutshell. No matter how much I think I've learned about all this stuff (which isn't very much yet, but a whole lot more than I used to know:confused:) when it comes to being objective about my own issues, it's like a great big comfort blanket, getting solid advice from you lovely people. I'll keep you posted:D

[Patma]

Copy number 4 of application form and dodgy T&Cs have turned up today. Enlarged this time though, (nice of them). I can clearly see now the postmark date of 4Feb 1966 and a bit below that a reference to the CCA 1974....mmmmmm:confused: and on the other sheet the application is dated Dec 1987

[andymanx]

subb

[The GodMother]

iam sorry but i have got to laugh at this.

 

it was posted 2 u about 20 years b4 u applied for the credit.

[Patma]

it was posted 2 u about 20 years b4 u applied for the credit

M&S are very efficent, Godmother, didn't you know?

[The GodMother]

well i guessed they were efficent but that just is far to efficent.

 

Awaiting the response about this that is if you have told them.

[Patma]

Awaiting the response about this that is if you have told them.

I haven't decided yet whether to tell them. I was thinking that if they issued court proceedings, I could save it up for then. What do you think would be best?

[Patma]

I've now got a letter from Geoffrey Parker Bourne Solicitors, but it looks dodgy to me.

The letter was dated 21 st May and delivered after the bank holiday 26th May. Note it gives me 7 days in which to respond, but not much of that was left by the time it arrived.

My guess is that its scare tactics, just ratcheted up a tad with the addition of a solicitor's name, but I'd appreciate other's views on it please.

 

Here it is....