Sigma SPV1 Ltd court claim form for M & S store/credit card***Discontinued**

[beetle1234]

cleo4patra...keep fighting them.I am one of the many who have fought off the laughable suggestion that M&S have an enforceable cca when they produced no more than an application form seriously lacking in the necessary prescribed terms of an agreement.My case went as far as a court hearing....a place none of us wants to be before they backed off completely and ran off with tail between legs...I am still fighting to get all adverse credit info removed but now have the backing of a court order in my favour.Fight them and you will win.Let me know if you need any help or guidance and I will do what I can to help.

[cleo4patra]

cleo4patra...keep fighting them.I am one of the many who have fought off the laughable suggestion that M&S have an enforceable cca when they produced no more than an application form seriously lacking in the necessary prescribed terms of an agreement.My case went as far as a court hearing....a place none of us wants to be before they backed off completely and ran off with tail between legs...I am still fighting to get all adverse credit info removed but now have the backing of a court order in my favour.Fight them and you will win.Let me know if you need any help or guidance and I will do what I can to help.

Thanks beetle 1234 - I may take you up on that!!!

[slick132]

Thread moved to M&S forum as requested.

 

[citizenB]

Thread moved to M&S forum as requested.

 

 

Thanks slick

[cleo4patra]

Hello Cleo!

 

Thanks for the PM.

 

I would just send Rockwell a letter saying you acknowledge their response, and you have noted the fact that they are not willing to respond to a Statutory s78(1) Request. This confirms they have no rights to demand any payment from you, nor to make further contact with you on behalf of M&S.

 

You may like to suggest that they acquaint themselves with The Consumer Protection from Unfair Trading Regulations 2008, and s78(6) of The Consumer Credit Act 1974.

 

Also send them a copy of this:

 

OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts

 

...just to make it clear what the implications of their s78(1) Refusal are, and how the OFT expects the holder of a Consumer Credit Licence to conduct themselves when handling disputed Agreements.

 

Close by saying the alleged Agreement is in very clear dispute and, until such time as they furnish you with an enforceable Agreement, you will not converse with them any further.

 

In the light of the above, any further demands for Payment by them will be reported to The Office of Fair Trading (don't bother with FOS, they are a complete waste of space), and will be regarded as harassment.

 

Cheers,

BRW

Can you believe it!!!!! Rockwell have beein instructed by M & S to re-open the file!!

 

M & S have told Rockwell they have provided all the documentation requested (the fact that it is a load of rubbish obviously they omitted to tell Rockwell)

 

I am in despair - if I explain to Rockwell what M & S have done I am completely showing my hand - HELP????

[slick132]

Hi Cleo,

 

Can you tell us exactly what you've rec'd from Rockwell and what they've said.

 

[cleo4patra]

YES - IT SAYS "wE PREVIOUSLY SENT YOU A LETTER TO ADVISE OUR FILES WERE CLOSED BUT WERE LATER INSTRUCTED BY m & s TO REOPEN THE ACCOUNT BECAUSE THEY HAD DEALT WITH THE DISPTE AND HAD ALREADY FURNISHED YOU WITH ALL DOCUMENTATION REQUESTED - WE NOW REQUIRE A PAYMENT PROPOSAL TO AVOID FURTHER RECOVERY ACTION BEING TAKEN AGAINST YOU"

I REPLIED EXPLAINING THAT THE DOCUMENTATION SENT HAS ALSO BEEN SENT TO OTHERS AS WE WERE CONTACTED BY ANOTHER M 7 S CLIENT WHO HAD REC'D THE SAME STUFF.

I OFFERED COPIES BUT EXPLAINED I HAD CONCERNS ABOUT THIS AS IT COULD POSSIBLY PREJUDICE MY CASE SHOULD WE GO TO COURT. I DIDN'T WANT TO IGNORE IT - AND WHAT I SAID IS THE TRUTH

THANKS

[slick132]

Hi Cleo,

 

Just inform Rockwell that M&S have NOT provided you with the response required of them by the CCA1974 and the a/c therefore remains in serious dispute.

 

Remind them of the points BRW made from the quote in post #102 above and that, if they continue to harass you, you will lodge formal complaints with the FOS and with Trading Standards.

[cleo4patra]

Hi Cleo,

 

Just inform Rockwell that M&S have NOT provided you with the response required of them by the CCA1974 and the a/c therefore remains in serious dispute.

 

Remind them of the points BRW made from the quote in post #102 above and that, if they continue to harass you, you will lodge formal complaints with the FOS and with Trading Standards.

I will - this is what made them back off the first time - M & S are obviously not telling them everything - I asked for the original be made available yo me - their response - will no longer be responding to my letters!!!

 

I will try it again and thanks

[cleo4patra]

BAck to the beginning then

If I don't get a response from a DCA to my request under the pre-action protocol rules - what are the consequences (see my posts on this thread) I requested documents under these rules from Blair Oliver Scott. No reposnse so far apart from an illegible application form with a compliment slip - no mention of pre action protocols from them?????

[cleo4patra]

Hi Cleo,

 

Just inform Rockwell that M&S have NOT provided you with the response required of them by the CCA1974 and the a/c therefore remains in serious dispute.

 

Remind them of the points BRW made from the quote in post #102 above and that, if they continue to harass you, you will lodge formal complaints with the FOS and with Trading Standards.

Hi again - have had further response from Rockwell " M & S have advised us that the copy agreement supplied to you by them is legally enforceable. You have been supplied with a true copy of the relevant document that would have been in force when you accepted the credit card from M & S. Please be advised that this letter is our final response and we would appreciate your repayment proposals within the next 10 days"

I am in despair!!!!

[slick132]

Hi Cleo and don't be "despairing" about this. They are no further forward in terms of collecting on this a/c than they were months ago !!

 

It's a shame they've crawled back out of the woodwork to chase this, but you just need to stand up to them again.

 

I hope others will respond and advise as they will know better than I about M&S cases. However, I'd be inclined to write a short response as follows:-

 

I refer to your letter of xxdate.

The documentation provided to date by M&S Money fails to satisfy the requirements of CCA 1974 for reasons which I have set out before and need not repeat further.

I do not consider the account to be legally enforceable but, if you do, then no doubt you will take the matter to court. That is your prerogative but I will vigorously defend any such action.

You may consider this to be my final response in the matter.

[slick132]

Sorry if I'm repeating something said earlier, but have you looked into reclaiming penalty charges and/or PPI on the a/c.

[hellhasnofury]

Hello Cleo,

 

Please don't despair

 

I am in full agreement with Slick, these dca's really arn't going to state the truth, that they are really chancing their arm with this. They hope if they tell you enough you will fold.

 

They are harassing you on a unproven alleged debt and have to take responsibility for their actions.

 

Let them do their worse, I doubt very much it will be much.

 

Log all calls from them and file their correspondence in a harassment file.

 

Give them your wrath:D

[WelshMam2009]

Cleo...M&S are so arrogant and they must know that they've messed up big time by not getting customers to sign new agreements for the credit cards in circa 2003. However, I bet none of the financial institutions gave a second thought to consumers becoming aware of their rights through forums such as CAG.

 

I agree with earlier comments except I would probably re-iterate the bits about harrassment in your letter...but do try and keep it as short as possible.

 

They have a choice now to "put up" or "shut up" and all such disputes have to eventually go one way or the other.

 

Best of luck

[cleo4patra]

Preference now being chased by Moorcroft!! - BOS are going to be running out of DCA's soon - have had IQOR, Wescot, Apex, and now Moorcroft!! - have sent strong letter AGAIN!!

[Desperate Daniella]

I think BOS have just sent a job lot to Moorcroft.

[cleo4patra]

I think BOS have just sent a job lot to Moorcroft.

well - have now received a demand from Wescot for the same debt - is this unlawful?

[Fred Bassett]

Preference now being chased by Moorcroft!! - BOS are going to be running out of DCA's soon - have had IQOR, Wescot, Apex, and now Moorcroft!! - have sent strong letter AGAIN!!

 

 

Join the club Cleo. I've now got Wescot on my case for a second time and I've already seen off Moorcroft and IQOR as well.

 

I wonder what makes anyone think that Wescot will succeed 2nd time around. Pathetic, just pathetic.

 

Regards.

 

Fred

[cleo4patra]

Join the club Cleo. I've now got Wescot on my case for a second time and I've already seen off Moorcroft and IQOR as well.

 

I wonder what makes anyone think that Wescot will succeed 2nd time around. Pathetic, just pathetic.

 

Regards.

 

Fred

thanks Fred - can two DCA's chase the same debt at the same time???

I thought this was unlawful

[citizenB]

Fred/Cleo, it is against OFT guidelines for multiple agencies to to be instructed to collect the same account.

 

In respect of Wescott/IQOR chasing OH for his BOS account, I sent the following.

 

 

Send to both companies

Dear Sirs

Your letter dated XX XXXX 2009 was received by me on the XX XXXX 2009.

In the same post I received a letter from Wescot (amend to IQOR for 2nd letter) .

I understand it is against OFT guidelines for multiple agencies to be instructed.

Perhaps you would like to refer back to your client.

Meanwhile your letters will be passed to the OFT, for their attention.

 

 

Yours faithfully,

 

I sent copies of the letter to Wescot to IQOR and vice versa. I sent copies of both letters to Bank of Scotland and Blair Oliver. I also sent copies of the letters from IQOR and Wescot to the OFT, along with a copy of my response.

 

To date, nothing has been heard from anyone. All letters were sent using only the Free proof of posting method.

 

HTH

[citizenB]

And the section of the OFT guidelines that apply are :

 

 

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

 

a. contacting debtors at unreasonable times and at unreasonable intervals

 

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

 

c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties

 

You can find the rest here....

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/55579-oft-guidelines-debt-collection.html

 

[cleo4patra]

And the section of the OFT guidelines that apply are :

 

 

 

You can find the rest here....

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/55579-oft-guidelines-debt-collection.html

 

thanks - thought so

[cleo4patra]

And the section of the OFT guidelines that apply are :

 

 

 

You can find the rest here....

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/55579-oft-guidelines-debt-collection.html

 

Sent your letter and added a paragraph on requesting documentation under the pre-action protocol rules and also about being harrassed - asked why several other M & S clients have same documentation - received a letter back from Rockwell today - no longer dealing with it!!!:D:D

[Desperate Daniella]