If it helps M&S settled

[Deb T]

balance of the account....

 

Sent M&S a letter requesting a lowering of the current £20 monthly on a defaulted personal reserve that has been paid for 5 years without any problems but as circumstances have changed and my disability has taken more prominence...I sent them a letter requesting they look at the debt of 3.3k and either accept a £1 token pm reduced payment for the next 6 months...or that my family may be able to help out and pay off a ffs. M&S offered this to me last year at 40% of the total debt...I couldn't at that time afford it but have paid 12months payment since then...I thought the FFS amount may have reduced a bit further.

 

In any case they were sent the letter, it was friendly and basically asked them for help and contained a little medical history...

 

That was in June....I phone din July as there was nothing heard from M&S and they simply said they were dealing with it etc....

 

Mid September I called them again, same answer, can't accept the FFS but they're dealing with it and will come back to me.

 

I think they were fobbing me off...so I sent them a CCa request enclosing the original correspondence from June and giving this as one of the reasons for the CCA....at the same time as this I sent a SARS request...again enclosing all the previous correspondence and asking why nothing had been heard etc....

 

Last week I get a letter from M&S stating that they their enclosed CCA agreement is what they were asked to supply...and that they now wanted the amount in full or they would place it with outside collection agents and that they would be placing my account in default..

 

However they 'defaulted' me in 2004 after I wrote to them saying I could no longer meet the original payments....my credit file shows the default.

 

At the same time and included in the letter was a statement of account showing just one transaction in late September....of £10....this was my SARS request the cheeky buggers....

 

The last item included in the letter was a Terms and Conditions effective from 26th July 2007....I'm not sure why they sent that, the original agreement was from 1999 and weas defaulted by M&S in 2004 so surely I'm not bound by those conditions

 

They haven't sent any response to any of my previous correspondence, they've cashed a postal order for a SARS request of £10 but included it in a statement of account as the only entry and took it from my balance but no sars and the enclosed letter says they've complied with theur legal duties under section 77 and 78 of the consumer credit act...really?...they haven't sent a particularly legible credit agreement if thats what you can call it..and although it contains my details it doesn't appear to have all the correct credentials...

 

What you see in these links is what they sent me (my details removed of course) it is as poor in quality as what you see, I cannot remember what a personal reserver was...I think they offered it me...what you see is the application form I think....says it's a credit agreement though...

 

This to me is a cca request (which I sent them as well...but they've taken the £10 subject access and given nothing back etc....threatening me with external collection agents and that they may default me..even though they did this 5+ years ago...and they have not listened/answered or even bothered to acknowledge my recorded delivery letters/requests to them...

 

Here is what they sent me...I've removed all my details/signature from it...

 

http://www.partnerpick.com/userspace/user3727/ms/ms1.jpg

 

and this ...which has a postmark on..no idea what it's about..

 

http://www.partnerpick.com/userspace/user3727/ms/ms2.jpg

 

What next?

[lickthewallfatboy]

what they chose to do with the £10 is their problem

 

they still have to fulfill your lawful request,and if they don't,report them to the ICo and take them to court to force full compliance,which is what the ICo will eventually tell you anyway

[The GodMother]

i would leave it the 40 days then chae the SAR. In writing after the 40 days give them a further 7/14 days informing them if they have not complied then u will report to the ICO.

[Deb T]

What about the documentation they sent as in enforceabilty and their threats to default and their non answering of letters when asking them for help?

[The GodMother]

Deb.

 

I dont really want to miss advise you on those due to them not being readable.

 

I would write back reminding them they have not complied as the documents are NOT LEGABLE.

[Deb T]

What of the item sent only being an application form? Is this relevant re the 1977 act?

[The GodMother]

it depends on a lot of things. They can send a application form as long as they send the t&cs in relation to the account when the account was opened and there is a clear link to them but as i cannot read what u have posted then i would not comment on it.

 

 

I would send a letter advising that they need to provide a legable copy of your cca and the t&cs of when the account was opened.

[IdaInFife]

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

This account is in Dispute .

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

 

idax

[Deb T]

with me, took me a 7 months of writing to them, in that time they produced the original agreement and initially were somewhat difficult to even get a straight answer from. Sometimes I got different answers to the same question on the same day.

 

But, I continued on regardless and in the end M&S accepted a FFS from me, was at a reduced rate by some margin but in essence they settled and my debt with them is no longer.

 

I've read here for many months, all of us seem to have the same problem with M&S albeit it slightly different circumstances but anyway, there is light at the end of the tunnel, keep persevering with them, find a contactr above the drones of the Customer Services etc...and you might just get lucky, I did.

[Guest Old_andrew2018]

had did they record this on your credit file

[Deb T]

had did they record this on your credit file

 

 

They recorded the default 5+ years ago, they've now since the FFS updated it to show as 'settled' and it will drop off in 3 months due to the default being 6 years old.