m&s terminated my account when I requested cca

[johannab]

Hi again,

 

I am concerned about what has happened. M&S have terminated my account (&more credit card)and said I need to pay the full balance (5k).

 

The account was defaulted over a year ago and I have been paying £50pcm since then.I have never missed one of these payments and the termination comes hot on the heels of my CCA request (they supplied me my Chargecard application form).

I want to send an ACCOUNT IN DISPUTE letter due to them not supplying a signed agreement but wonder if I am too late now as the account has been terminated by themselves.

 

I am confused and admit I know little about all this.Any help appreciated.

 

Where do I stand in regard to the immediate payment of the 5k? Will it just go to a DCA . If m&s sell it to a DCA are they acting unlawfully (my cca request was sent by recorded delivery and signed for 3 weeks ago)

 

Jo

[IdaInFife]

never too late.

 

this seems to be the norm for mands:

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/210576-m-cca-response.html

 

if they pack it off to a dca then you send the bemused letter

 

ida x

[IdaInFife]

just realised it the same op

[johannab]

Hi, I have various issues with the items m&s have sent me (following cca request).

 

I assumed the attatched document was not valid as its an application form....but now I see in the bottom right hand corner the box I have signed is headed up 'this is a credit agreement'.

 

Is it valid?

 

many thanks,Jo

 

http://i591.photobucket.com/albums/ss355/DAZZAJOJO/MSapplform-1-1-1.jpg

[johannab]

Yes,sorry Ida,

 

There more I have been thinking about it the more things are occurring to me that didnt occur to me yesterday.

 

I am slightly worried.

 

Have printed off a follow up letter stating that they didn't fulfil my request adequately etc.

 

I have also just re posted the actual application form they sent me as I just noticed it states 'this is a credit agreement' on it !

 

Jo

[blueda]

Unenforcable, no terms and conditions, no credit limit shown.

[johannab]

hooray!

 

I will continue with my follow up letter then,

 

Thanks very much Blueda

[johannab]

oh dear! another of the sheets they sent me appears to be the back of the application form and has the interest rate and t+c's! It doesn't print my limit though as that is a box I ticked on the main side of the form.

 

Does the box that I ticked constitute my limit? as it was set by myself maybe it doesn't apply....

 

additionally,my current debt is with a &More card. What they have sent me is for a Chargecard. For simplicity I was hoping this would not even be valid for the Chargecard let alone the &More card. If it IS a valid agreement for the original card then will I have any joy proving it DOESN'T apply to the later issued &More?

 

Has anyone won a similar fight?

 

 

Jo

[johannab]

This is the other document and is presumably the other side of the form I filled in in-store in 1996.

The rate of interest is shown etc.

 

This combined with the front half produces a valid cca I think...Can anyone confirm for me please?

 

Jo

http://i591.photobucket.com/albums/ss355/DAZZAJOJO/msformrevers.jpg

x

[blueda]

I am not sure now, i would like to hear more comments from fellow caggers.

[IdaInFife]

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit

 

i think that the tick box would cover it as a credit limit has been determined

 

I dax

[johannab]

Hi Ida,Hi Blueda,

So you mean it could be valid as an agreement? I was going to contest it based on the fact I had asked for £500 but the credit limit should be determined by the creditor, not the debtor.

Also ,on the basis that all the key info should have preceded the signature box.This was suggested to me by another Cagger. The problem is though ,its such an old document and not a great copy.We are assuming its the overside of the form I have signed,but there is no proof of this even!

 

If its all too vague then I will just have use the angle that its not valid as its for a "chargecard from 1996 and I am enquiring about a credit card from 2003"

.

Its all so confusing.

Jo

[IdaInFife]

they have gav you a choice of credit limit and you have chosen one, that means the credit limit has been determined which is ok

 

as long as all the terms are within one document (which can be several pages if link by reference or numbering etc)

 

it certainll looks like front and back (you can see through to the other side from the back and can read parts of it and also one the right hand side of the first linek you can see the edge is something ike perforated and the same with the left hand side of the second link.

 

looks ok to me

 

Ida x

[johannab]

Hi,thanks again Ida,

 

I will base my case on it not being valid for the &more card sent years later (that i hadn't applied for or even asked over the phone for).

 

I will look into this side of things

 

Jo x

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/199747-help-court-papers-m.html

 

this thread may interest you

 

ida x

[blueda]

Hi,thanks again Ida,

 

I will base my case on it not being valid for the &more card sent years later (that i hadn't applied for or even asked over the phone for).

 

I will look into this side of things

 

Jo x

Sounds like a god idea Jo, keep us posted, David.