Arrow/? claimform - M&S Chargecard changed to Credit card

[Abby25]

DO NOT UNDER ANY CIRCUMSTANCES GIVE THEM THE HEADS UP ON ANY ERRORS IN PREV DNs.

You could reply stating that their claims you have not responded to their communications, are both untrue and misrepresentative of the situation. And that to be factually correct - you are still awaiting their resolution of your compliant.

You may also want to include ref to the OFT regs on debt collection i.e prohibited whilst an account remains in dispute - and that any default registered whilst the matter remains unresolved is unlawful under OFT regs.

They will register a default, so that they may pass on to DCAs - so you will have to bite the bullet on that I am afraid - but it also tells you that they have nothing to take it any further. Aunts credit record will be affected for 6 yrs.

 

Abby x

Edited July 5, 2011 by Abby25

[maureen1]

Thank you for the advice Abby I'll get back on sending another letter out and see where we end up then

 

Maureen

[2Grumpy]

How they can add a default to a credit reference for the gift they made to your aunt?

[Abby25]

Because the CRAs just accept what credit providers tell them to add to a credit record, even if it is argued unless the lender tells them to remove it, the cra's won't amend the record. You would need for it to go to court I would guess.

 

 

Abby

[maureen1]

Here i am back for more info please:oops:

Aunt received 2 letters i'll type them up for you all to read

 

1st letter from resolvecall

 

We are acting on behalf of M&S Money and have been instructed by them to assist in collecting the outstanding arrears on this account.It is in your interest to contact M&S Money immediately upon receipt of this letter to discuss repayment of this account.

Failure to do so may lead to one of our representatives calling at your home.Should you fail to contact M&S Money they may commence legal proceedings to recover sums due on this account.

 

 

2nd letter from M&S Money

I write in relation to your letter received 4th July,the contents of which have been noted.

As previously stated our agreement is compliant with the CCA 1974.

 

The agreement is a single document in more than one piece,however,even if this were not so,section 61(1)(b) of the cca 1974 requires that the signed document embody all the terms of the agreement ,other than the implied terms.

 

Section 189(4) of the act provides that a document embodies terms if they are set out in that document or are in another document referred to in it.Either way ,the agreement you signed conformed to the requirements of the Act.

 

We have provided a copy of the original agreement for the card and fulfilled our duties under section 78 of the cca 1974.There is no other agreement under which the credit card was provided.It was provided under the same agreement ,as varied from time to time,as your original card agreement and this constitutes a valid and enforceable agreement.Nothing said or published by the OFT regarding the 2003 provision of credit cards indicates anything to the contrary.

 

We believe that your view on the position of a debt arising under an agreement which may be unenforceable is,in any event,not correct.We refer you to the guidance published by the OFT at http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements.You took and had the benefit of the credit provided under the agreement and we look to you to honour your debt.We DO NOT propose to "write off"the sum owing under the agreement.

 

As the requested documents have been provided our normal collections action will continue.

your sincerely

Stuart Weir

 

Any advice what to do now please,im sure my aunt has had another version of the last letter a few months back also.......

 

thank you

Maureen

[Abby25]

Hi ...

 

Oh, this brings back such sweet memories ...... you see the letters you are receiving from M&S ... well I have had them all before - they are standard template letters, the contents of which are both incorrect and designed to mislead.

 

The DCA - well the fact that M&S have fobbed it on to one, tells its own story - fret not - the DCA does not have the power to take legal action as they are not the legal owner of the debt - so ignore any comments or threats they make to the contrary.

 

M&S have contrary to their mis-leading statements, not conferred with s78 request under the CCA, as they have not supplied a legal enforceable copy agreement, neither for a store card or a credit card - simple as.

 

It is also not OFT guidlelines that say they can or not just issue credit cards without a new agreement as they appear to claim, further and falsely claiming that OFT were perfectly happy with how the administered this transition. The replacement of a store card with a credit card (without the signing of a revised contractual agreement) is in clear breach of CCA74 rules.

 

So your reply to the DCA is that the alleged account remains the subject of a serious dipsute, and rejcting any doorstep visit. Your reply to M&S is just a repeat of your previous correspondence, as nothing has changed. I would conclude in stating that you have made your position clear, and have nothing furhter to add until M&S satisfy the outstanding dispute, and you duly await their resolution.

 

 

Abby x

[maureen1]

Thank you so much Abby for giving me your time and effort on this matter,i will send ANOTHER letter back to them and see what happens no doubt i'll receive the same dribble

 

Maureen

[Duffers Mum]

I found M&S to be quite understanding, but perhaps I was just lucky, they accepted very small token payments from me and ceased interest and charges, they refused 2 F&F offers I made, but have just accepted the third one, which ironically is less than the other two.

 

Good luck

[Bazooka Boo]

I always advocate lowering your offer of payment each and every time they refuse them, work your way right down to the token £1 a month...teach them to be so ruddy greedy.

[maureen1]

Thanks for your comments so do you think i should advise my aunt to offer £1 month ? As this is what she could afford? Do you think they would accept that minimal amount ?

 

Thank you Maureen

[Bazooka Boo]

Offer it YES.

Will they accept it NO.

 

But who cares? Make them the offer in writing, I say offer, it's more of a "this is the amount I will pay you until further notice". "you do not need to agree to this it has already been put in place. If you wish to send me a letter thanking me for payments please feel to do so, however if all your going to do is whinge and moan and continue sending your empty threats, I will continue to ignore you and forward them on the relevant authorities to investigate, and if you think of starting to harass me over the phone then I will report you to the Police for the criminal offence of harassment.

 

If their is anything you do not understand please pass it to an adult or your legal team!

 

Regards

PRINT NANE

[Happyhippy1959]

Yes I have found M&S to be quite reasonable, they again accepted my token payment when reviewed after one year... But I wonder if there thinking maybe we should have not changed store card for credit card me thinks.

[maureen1]

Hi all back for more help please received this letter on Friday

 

NOTICE OF LEGAL PROCEEDINGS

 

Your account is overdue and we have been instructed to recover the above amount.

in order to avoid further action,payment is required within 5 days choosing one of the following methods,

credit/debit card over the telephone

cheque/postal order(payable to Collect Direct

cash by registered post

online at www.collectd.co.uk

 

PAYMENT /CONTACT MUST BE RECEIVED BY US WITHIN 5 DAYS

YOUR FAITHFULLY

collections department

(collection direct (uk)

 

any help please thanks

Edited September 3, 2011 by maureen1
more info

[Abby25]

Who is the letter from ? Did you get a reply from the DCA re your letter to them that the acct is in dispute ?

[maureen1]

Hi Abby the letter is from Collect direct (uk) and regarding the account in dispute ive heard nothing ? this is the only letter my Aunt has received since i last wrote on this forum .

[Abby25]

No worries .. DLC will follow after these - I am trying to attach a letter but my acct is up the wal and I can't do it ... I will try and pm you with it.

[maureen1]

Thank you Abby

[Abby25]

Just sent it to you .. you should have it any minute ...Abs x

[maureen1]

Thanks Abby i got it x

[maureen1]

hi Abby back for more help please

 

received two letters i'll type up first one .....

this is from collect direct (uk)

 

Our client has provided all the information they are required to provide under sections 77 or 78 of the CCA act 1974.They have examined this agreement,and your account,and are satisfied that there is no valid dispute and that they have a legally enforceable agreement with you.

 

You may be aware that the office of fair trading has now published draft guidance for consumers and the credit industry on the application of sections of the Consumer credit act 1974,and quote"there has been a great deal of confusion over the meaning of these sections with many borrowers being misled into thinking that they can get their debt written off.This guidance is to clarify the legal position and the OFT view on standards expected of the industry,and to make consumers aware that they may be at risk if they seek to use these sections to avoid paying legitimately owed debts.

In the circumstances, we will not be entering into further protracted correspondence and therefor request that you contact this office upon receipt of this letter to discuss the options available to you, as our client is prepared to offer you a substantial discount to settle this account

[BRIGADIER2JCS]

I know I am coming to this thread late,

did you send the CCA request with the £1 stat

fee, and have they provided a copy of the

agreement with the letter you have posted.

[BRIGADIER2JCS]

Offering discounts is often a pointer

to the fact either they have not got

the agreement or that it has errors etc.,

Is this a complete agreement with signatures

and all the terms and conditions?

[Bazooka Boo]

we will not be entering into further protracted correspondence and therefore request that you contact this office upon receipt of this letter to discuss the options available to you, as our client is prepared to offer you a substantial discount to settle this account

 

Ooh goody, send them a letter thanking them for their written confirmation that they will no longer enter into any further correspondence, and as they fail to recognise there is a dispute, you have closed your files accordingly, all further protracted correspondence from them will be used for your hamsters bedding.

[Abby25]

Hi Maureen ...

 

Brigadieer welcome .. we are well down the line with this, the CCA they have sent the OP is for a store card that was later (on an unsolicited basis) replaced with a credit card. Furthermore the CCA they have sent is an application form, and containts no pres terms at all - all this has already been discussed with M&S.

 

Mo, this letter tells you that you have won, and they are unable to answer any of the qs we posted to them (for obvious reasons), because to do so will hang them further. The offer of a reduced settlement is you indication that this has already been written off as bad/unendorceable debt for tax purposes, and anything they get now is a bonus. And as you might have guessed I have already had one or two of these ..

 

You could choose to leave things as they are, you have not had a reply to your qs so the account is still in dispute, and can be demonstrated to be so, so we are at stalemate. Just because they say there isn't a dipuste, because they cant address the issues at hand, does not mean there isn't. You have exercised your consumer rights, which they have failed to satisfy.

 

Or, you could reply to them, thank them form their letter, dispute their claim to have satisfied your s78 request ,for a true copy of a correctly executed agreement in respect of the alleged account, and accordingly advise them that whilst your lawful request under the CCA74 remains unsatisfied, you will not engage in any further communication in the matter. (because 2 can play at that game !! )

 

Then sit back and enjoy the flowers ...

 

Abs x

[BRIGADIER2JCS]

I often in the course of dealing

with ''stalemate'' situations change

tactics from requesting information

to making Formal Complaints to the Compliance

Managers/ Directors and demanding information

within a definite time scale, this proves most

effective in getting the information required.