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M&S 1991 chargecard - is this application enforceable?


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hello all,I started an m&s thread a while back that I need to update...but I too have been passed to COLLECT DIRECT. I sent them a letter stating that I shouldn't have passed to them etc as the account has been in dispute since July 09 . They have responded that M&S 'believe it enforceable and that my use of the card is evidence blah blah and I am to make amends to pay within five days before they take further action against me'. They also state that they will not been entering into 'protracted correspondancence'. I assume my best course is to ignore them? or shall I write another letter requesting to be handed back to M&S? After all ,I should not have been passed across to them in the first place.

They have threatened a door visit to me too!

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Name & Registered Office:

COLLECT DIRECT LIMITED

SAXON HOUSE, 27 DUKE STREET

CHELMSFORD

ESSEX

CM1 1HT

Company No. 02814174

 

 

 

 

Status: Active

Date of Incorporation: 30/04/1993

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7499 - Non-trading company

Accounting Reference Date: 31/12

Last Accounts Made Up To: 02/01/2009 (DORMANT)

Next Accounts Due: 30/09/2010

Last Return Made Up To: 11/11/2008

Next Return Due: 09/12/2009

Last Members List: 11/11/2008

Previous Names:

Date of change Previous Name

22/06/2001 RETAIL SUPPLIES LIMITED

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To avoid confusion, the entry on the Companies House register is two places below the one posted by cerberusalert with company registration number 04831735.

(Sorry to correct you cerberusalert but I knew the address above was different to the one I have just written to.)

Exchange

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  • 3 weeks later...

Update ...

 

CDUK have been writing to me chasing, naturally I keep reminding them that the accts (credit card and preference acct) are in dispute .. with the last letters form M&S saying they enquries were still ongoing.

 

Latest letters are the same as usual, M&S believe not in dispute, have satisfied S78 of The Act, believe agreements (which are actually application forms) are enforceable, and now given me 4 days to come up with an arrangement ....

 

So, another 2 letters to to them reminding them accts in dispute etc.. etc.. and that counsel would be delighted to defend any court action on a no win no fee basis ...

 

Lets see what comes next ....;)

 

Robin ..

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  • 5 months later...

Hi .. little update on this one ...

 

Have heard nothing from Dec 2009, from either M&S or CDUK, however have just received a letter from DLC (Direct Legal & Collections), who are now on the case ... have responded with the bemused letter .. to which they have advised that they have referred the matter back to their Client (M&S).

 

So thats where we are at the moment ... !!

 

RRB ;)

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Seems they use different DCA's for disputed debts as mine has gone to Apex CML. I don't think I will even reply to them but just let them waste there time and money chasing if that's what they choose to do. I have become very good at ignoring these bottomfeeders!

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  • 2 months later...

Update ...

 

M&S have come back about my ccard and pref account ... saying that they believe they have a enforceable agreement .. blah .. blah ... blah ... that my prior use of the account is proof of an agreement ... blah blah ..

 

Have sent them a letter explaining just why what they have sent me in both cases is NOT a correctly executed agreement .. and just why prior use of an account DOES NOT CONSTITUE LEGAL ENFORCEABILITY .... dummies .. !!!!

 

Update as and when folks ... !!;)

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