RE: John Lewis store card

[sedgwick]

Hi

 

Wondering if anyone else is dealing with John Lewis at the moment. I have sent them a request for my mums cca and received a letter back stating that they didn't have it, but the debt is forceable as they have all my mums personal info and date when she opened the account etc. I sent a letter of dispute as no agreement. I have now received a letter back from their compliance manager stating the following.

 

'Having given careful consideration to all the information available, I write to advise that I unable to uphold your complaint and have summarised below the basis on which I have made my decision. I understand that John Lewis financial services has been unable to supply you with a copy of thier legal agreement, you feel the debt on the above account is unenforceable. Under CCA section 77/78 we provided you with the following:

 

A copy of our latest T&C's

A copy of what was signed - there was nothing sent that was signed

 

Whilst JLFS has been unable to provide you with a copy of the legal agreement, I can confirm the above account was opened on ........ and is held in your name ........ In addition JLFS holds personal details which were supplied by you upon application, such as date of birth, employment details. Whilst Monthly payments to your account have not been maintained in line with the terms and conditions, the payments that have been received, have been submitted by you and therefore it is reasonable to conclude that you are aware of and acknowledge this debt. In summary, upon reviewing the account history, our records confirm you have conducted the above account in a way that suggests that you have a relationship with the bank. In view of this JLFS holds you liable for the outstanding balance on the above account.

 

 

Then it goes on to say about no further correspondence will be entered into regarding matter unless it is from FOS.

 

Any advice?

[hungrybear]

have a look at this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/229212-6-cca-letters-ready-6.html#post2626692

 

then come back with questions

 

i believe they may be confusing legally enforceable and their right to request payment.

 

you may also wish to ask them what authority they have to hold and process your data if they dont have anything signed by you to say they can!