M&S Money

[major debtor 2010]

Hi

 

Having received an agreement from M&S Money, I replied stating that it does not contain all the prescribed terms etc.

 

http://i1022.photobucket.com/albums/af343/majordebtor/12July2010001-2.jpg

http://i1022.photobucket.com/albums/af343/majordebtor/12July2010002-2.jpg

 

They have replied with the attached letter, which appears to me to be alot of .......?

 

Any suggested replies would be appreciated

 

Many thahnks

[Bazooka Boo]

Can you scan and post up the agreement you received.

[Hardupnotfedup]

You need to post up the agreement so people can give you pointers

[major debtor 2010]

Hi ya

 

As requested, I have not attached a copy of my original application form, however this has been signed by both myself and on behalf of M&S, as this is a standard application form and if i removed all personal details would be blank.

 

I do attach the terms and conditions and agreement as supplied in responce to my request under section 77/78 of the CCA 1974,

 

http://i1022.photobucket.com/albums/af343/majordebtor/12July2010003.jpg

http://i1022.photobucket.com/albums/af343/majordebtor/12July2010004-1.jpg

http://i1022.photobucket.com/albums/af343/majordebtor/12July2010005.jpg

[robcag]

 

As requested, I have not attached a copy of my original application form, however this has been signed by both myself and on behalf of M&S, as this is a standard application form and if i removed all personal details would be blank.

 

 

 

Yes, but is the signature document easily legible, and does it contain any reference to prescribed terms overleaf or on page X for example?

 

Mine wasn't and didn't.

 

Cheers

Rob

[robinredbreast]

I have played letter ping pong with M&S for ages, they sent in respect of a preference account and credit card - application forms with no prescribed terms or ref to them.

 

They have used the "can be embodied in another doc" arguement, which is flawed as what they have sent doesn't make any ref to any other docs, and even if it did is balls as they can not be embodied in any other document than the executed agreement itself ... which must have a clear relationship, page nos etc linking all associated pages. So T&Cs don't count ... the letter you have had is a carbon copy (i.e template) of the same letter I have recently recd from the very same person ... who is real by the way, as I've spoken to him, but knows nothing about what he writes ... which tells me he's on the unenforceable team who just send out template letters .... and hope for the best ....

 

Also, point to consider ... my credit card actually started life as a marks and spencer STORE/CHARGE card, which M&S in their wisdom simply replaced with a credit card .. with no new agreement issued ... so I also have them on this too ... as what they sent me is for the ORIGINAL charge card ... so in effect they have NO executed agreement at all for the credit card they are chasing ....

 

Have a read through my thread, may give you some pointers ...

 

But I would also suggest that you scan and post your agreement (minus personals) so that you can get the specific help you're asking for ...

 

Robin

[robcag]

I have played letter ping pong with M&S for ages, they sent in respect of a preference account and credit card - application forms with no prescribed terms or ref to them.

 

They have used the "can be embodied in another doc" arguement, ....

 

 

 

I played that game with them too, with them insisting they were right and I was wrong, then they appeared to give up as they disappeared for a while. They may have just been waiting to see if I made a complaint to any relevant bodies (ICO or would it be Financial Ombudsman?).

 

However it seems that they have now engaged the services of CDUK to try and pressure me into paying . Needless to say, I'm just ignoring them, and I assume they'll soon get fed up with me not answering their calls or letters.

 

Except the other morning when I foolishly answered a 'Number Withheld' call. It was some git from CDUK who I told to "Fcuk off" and hung up. He immediately phoned back, got the same answer and some more choice words and I hung up on him again. This was repeated immediately with the same outcome.

 

It seems I upset them because the next day I received a Really Angry Letter In Red Ink And Large Typeface

 

Cheers

Rob

[robinredbreast]

Well ... I would just send a letter to CDUK stating the account is in dispute with their Client, and that the matter should be referred back to them.

 

When M&S write to you again, you could send a "put up or shut up" letter ... saying that you will not correspond any further with them or their representatives, unless they provide the information you require ... i.e a correctly executed agreement ..... or they take you to court - an action which will be cited as frivilious and vexatious and vigirously defended .....

 

Doubt they will go the court route, if there's no prescribed terms within the 4 corners of the agreement, they know they are scuppered ...

 

Don't forget to scan your agreement for relevant advice for your particular agreement....

 

Mines def bogus so pretty confident they won't attempt any court action with me, but if they do I will be getting a Solicitor to represent me and they will squashed ... !!!