cupcake68 Vs M & S Ac

[cupcake68]

Hi

 

We cca'd m and s on 19th March, their 12+2 was up on Thursday and on Thursday we received this AC MandS pictures by cupcake62 - Photobucket

 

Do I fill this form in?

 

Or should I just send a letter saying the account is in dispute because they have not complied with my request?

 

Thanks

[blueda]

Send the account in dispute letter.

[cupcake68]

Cheers Blueda!

 

I'll be sending it on Tuesday along with the telephone harrassment letter!

 

Happy Easter

[cupcake68]

Hi

 

Could someone please have a look at this for me please?

 

EC M and S res pictures by cupcake62 - Photobucket

 

Don't know if I am being optimistic but I think this looks a bit odd. i.e. why do certain parts of the form have extra white very straight lines around them? I cannot read the t and c's on page 2. Their covering letter states they had trouble accessing the data, does this mean it is filed on computer and they do not have the original?

 

Your comments would be most appreciated.

 

Thank you

 

Esile

[supasnooper]

Hi Esile,

 

The agreement docs have been microfiched and don't come out too clear when printed.

 

If the two 'fiche scans can be linked, then in my opinion it would be enforceable.

 

Sorry it's not good news on this one.

[cupcake68]

Hi Supasnooper

 

Can I not argue that it is unreadable for the time being? Do they have the original if it has been microfiched? Should I not try?

 

Esile

[supasnooper]

If a judge were to look at the documents, he would find all the prescribed terms present over the two documents even though the legibility is somewhat poor.

 

Chances are they don't have the original but can you get a judge who will put CPR 16.7(3) first and ask the creditor to produce the original at the beginning of a court case ?

 

Please do look closely at the docs and see if you can prove that they are two different docs -

Look for document codes, dates, differing fonts, the scale of fonts - look and then look again. You might just see something.

 

Look for bleedthrough on the documents on what they have sent by holding it up to the light, is there a shadow copy of the reverse ?

 

Hope this helps.

[cupcake68]

HI SS!

 

Thanks so much for your constant advice!

 

I cannot see any link to the two but I will try what you said and hold them up to the light.

 

Can I write back saying I cannot read it so please send another so that I might judge as to whether it is enforceable?

 

I find the light and dark shades very odd. It's almost as if the pertinent bits may have been added in afterwards but I don't know if I am being optimistic!

 

I might also try enlarging what they sent me to see if it shows anything!

 

Thanks again.

 

Have a good bank holiday weekend!

 

Esile

[supasnooper]

You could request a clearer copy just to see what they send but they may decline as they may feel it is legible.

 

Keep looking at the docs you have though.

[cupcake68]

Hi SS

 

I have had a good look at the agreement they sent in the beautiful morning sunshine.

 

I cannot see any sign of bleedthrough. I am convinced the bit at the top of the third column on terms and conditions, where they have the apr info, looks like it has been pasted on. You can see a white block around the text and it is much darker text then the rest of the text.

 

The other thing I have noticed is, the t and c's are not straight on the sheet but I would say it looks like it is attached to another sheet because in the top left hand corner you can see a line. The main application form does not look like it has another half as I can see black all the way around the edge.

 

I'm not sure if you will understand that! And I don't know how that helps but that is all my non expert eye can see!

 

Esile

[supasnooper]

Non expert eye.........You're getting good at this.

[cupcake68]

Morning!

 

Yes non expert eye having to learn pretty fast!!!

 

I am thinking I should write back and ask them to supply a copy that I can read and see where that takes me. Do you think I should?

 

Esile

 

Ps are you now a member of the site team because you have helped so many people?

[saintly_1]

2 threads merged

[cupcake68]

These are 2 different threads!

 

I have more than one m and s account. Am I not able to keep them separate?

 

Esile

[cupcake68]

Can someone please advise me on my last point.

 

I have more than one m and s acc and merging the 2 is going to make it very hard to follow.

 

Many thanks

 

Esile

[supasnooper]

Hi there,

 

The two threads are still seperate.

 

This one and the other one - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/197653-esile-m.html

[cupcake68]

Hi Supasnooper

 

Thanks for clearing this up!

(Now I'm really confused!)

 

Esile

[cerberusalert]

(Now I'm really confused!)

Your other posted has been restored to http://www.consumeractiongroup.co.uk/forum/general-debt-issues/197653-esile-m.html

[cerberusalert]

There is nothing to stop you asking for a legible copy.

 

Also if there is any doubt about the authenticity of this document they can be brought to 'Strict Proof' if there was any CCJ application, meaning they would have to produce the original signed document.

[cupcake68]

Ahh!

 

Thanks!

 

Where would I be without you kind people?

 

Esile

[cupcake68]

Hi Cerberusalert

 

Thanks for replying.

 

So do you think I should write back and politely ask for them to send another copy that I can read?

 

Esile

[cerberusalert]

Yes, there's no harm in that.

[cupcake68]

Me again!!

 

I have received this today. EC M and S card pictures by cupcake62 - Photobucket

 

I ignored the first letter, should I bother replying to this one?

 

I am considering replying to all the cards that have not bothered to send me my cca but are continuing to harrass me. Something along these lines

 

Dear Sirs,

I write with regard to the many letters and harrassing phone calls received from your company. I find it incredible that you persist in sending letters and making many harrassing phone calls requesting payment whilst choosing to ignore my predated communications.

 

This action is at best unprofessional and at worse arrogant, obstructive and vexatious. Let me once again make my position clear, to date you have failed to meet my legal request for proof of an enforceable agreement and failed to give any acceptable reason for not complying with this request.

 

In view of this I am only prepared to respond to any communication which addresses this issue and or my previous correspondence.

 

All future correspondence or telephone calls will not be responded to until such time as you acknowledge this account as being in dispute or supply the documents required to disprove this.

 

As to your threats of further actions I will remind you that under……………

It is illegal for you to pass this matter to a third party and any action through the courts would require you to provide the documentation I have requested in the first instance

 

I look forward to hearing from you.

 

Yours faithfully

 

Can anyone tell me if this would be a good idea?

 

My main reason is to feel like I am not just ignoring their requests as all the debt advice you read tells you not to bury your head in the sand and I don't want it to look like I have done this!

 

Thanks everyone!

 

Esile:)

[cerberusalert]

Send them this;

 

Dear Morons

 

Thank you for your letters dated ......, the contents of which have been noted.

 

You denied my reasonable request to supply me a true copy of the original Consumer Credit Agreement for the above account which I requested in my letter dated ....... I supplied the statutory £1.00 fee as a Postal Order which is regarded as a universally accepted form of payment.

 

I would like to ask if you could clarify which piece(s) of legislation, or law(s) in the UK where it is written that a CCA request is only acceptable when accompanied with a signature.

 

I would further advise you that I have sought advice today from the Information Commissioners Office, their advice is that this was a “correct” request & payment and therefore 12+2 days for compliance should start from the ...... meaning you have just ...... to comply, as of the date of this letter. They further advised should you not accept this, that I should make a formal complaint to the Information Commissioner.

 

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

 

He is not entitled, while the default continues, to enforce the agreement.

 

This letter has been sent by recorded delivery, in order to avoid any further delay in this matter.

 

We look forward to hearing from you.

 

Yours faithfully

Print name do not sign

[cupcake68]

OOOH!

 

I like that!

 

I will be saving this one in my favourites file!

 

Thanks again!

 

Esile

 

Ps Do you think it a good idea for me to send a version of the letter I posted to all cards that have not sent cca but continue to harrass me (especially Barclaycard - 24 messages just today!!)?