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

[hellhasnofury]

I wrote to them requesting a response to my correspondence (my repkly to their "you are not aware of all options available and no need for legal proceedings " etc. I also asked if the documentation (see post 42) was for the chargecard or for the credit card which superceded charge card - I have not heard a dicky bird - have SARd them now??

 

Hello Cleo,

 

Good for you:grin: You stand your ground now and keep them on their toes:-D They will respond to your letter, trying to mis-lead you that the pre-contactual application form for the charge card is your credit agreement:rolleyes: but it isn't:-D Don't give them an inch:mad:

[cleo4patra]

Hello Cleo,

 

Good for you:grin: You stand your ground now and keep them on their toes:-D They will respond to your letter, trying to mis-lead you that the pre-contactual application form for the charge card is your credit agreement:rolleyes: but it isn't:-D Don't give them an inch:mad:

Have had response from same person I wrote to (see post 67 of this thread) - saying I need to pay the FULL balance or proposals to clear outstanding balance and must ring them TODAY?? I am confused by this as their last letter stated I was unaware of all my options - no need for legal proceedings etc etc. I asked for this in writing twice and they sent the letter today. I am still awaiting response of SAR request - any ideas

[cleo4patra]

Have had response from same person I wrote to (see post 67 of this thread) - saying I need to pay the FULL balance or proposals to clear outstanding balance and must ring them TODAY?? I am confused by this as their last letter stated I was unaware of all my options - no need for legal proceedings etc etc. I asked for this in writing twice and they sent the letter today. I am still awaiting response of SAR request - any ideas

forgot to mention - have not had termination notice - only dodgy DN!!!

[ajs444]

I have put my case to the FOS, had no reply to a CPR316 request,getting fed up with them. Still receiving phone calls from them even though I issued account in dispute letter. Going to raise a case in small claims court to try and get them to admit to something!!!!

[ajs444]

Small claims in Scotland are only up to £3000, so I think I will have to go another route. Thinking that card has been existance for over 10 years, I would hate to think how much they have charged in interest, default fees and PPI. They can take balance off and send me a big fat cheque.

Have asked them for a breakdown of charges since the cards creation. do you think I will get a reply?????

[cleo4patra]

Hello Cleo,

 

Good for you:grin: You stand your ground now and keep them on their toes:-D They will respond to your letter, trying to mis-lead you that the pre-contactual application form for the charge card is your credit agreement:rolleyes: but it isn't:-D Don't give them an inch:mad:

I have now lodged a formal complaint with M & S - I have been reasonable - requesting my options in writing - their response - to send a two line letter requesting payment of full balance.

[angel_1]

hiya cleo

 

so im guessing nothing yet from your sars request?

 

im thinking i now need to that usual address on the statements did you sent it?

 

off out now catch up laters angel x

[tommyzoom]

I cca'd M&S money at Christmas and they sent me a copy someone else's application form! Naughty, naughty! Even if it did have my info on it's still an application form and not a CCA.

I haven't bothered writing back to them yet although they ring daily and have sent default notices!

[slick132]

Hi TZ,

 

You should send back the application form they sent you and ask them to try and send you the Credit Agreement for YOU, as per your original request, within 14 days.

 

Tell them the Information Commissioner will be informed about them sending someone elses data to you.

 

Tell them also that the Defaults Notices should not have been sent while the a/c is in dispute because of their failings.

 

It's not a good idea to simply ignore them because of the Credit Agreement cock-up.

 

Maybe start your own thread for this case as well.

[cleo4patra]

Hi TZ,

 

You should send back the application form they sent you and ask them to try and send you the Credit Agreement for YOU, as per your original request, within 14 days.

 

Tell them the Information Commissioner will be informed about them sending someone elses data to you.

 

Tell them also that the Defaults Notices should not have been sent while the a/c is in dispute because of their failings.

 

It's not a good idea to simply ignore them because of the Credit Agreement cock-up.

 

Maybe start your own thread for this case as well.

M & S ignore everything anyway - I have now lodged a formal complaint . They sent me app form along with half of someone else agreement - they have demanded full balance and just ignore all your letters

[banker_rhymes_with]

Hello Cleo!

 

Just to answer your PM on invalid Default Notice/Termination and Refund of Charges:

 

(1) Keep reminding them the Account was Terminated, and cannot be un-Terminated without entering into a new Agreement. You do not intend to do that, given the way they have handled things.

 

(2) The Refund of Charges could be a red herring. If they have Terminated, and/or want a larger balance from you, then I really doubt you will get an actual Refund. The most likely is they will just pay the Refund to themselves, saying you owe them anyway.

 

(3) The Refund could reduce your Balance, but if they have no actual plan to pay you anything, then it may be worth just saying the Charges should be repaid, but don't push them for a Refund at this time. Keep them in the pot for now bubbling away. They can be mentioned again if this goes further, when you can highlight the Default Notice default sum and show it was almost certainly inaccurate because of the Charges.

 

That is just my opinion, there are other ways to handle this I'm sure!

 

Cheers,

BRW

[cleo4patra]

Thanks - just a note the default is invalid (I don't know if it incledes charges - how can I tell) and also because including date of service they did not allow 14 days??

[citizenB]

Thanks - just a note the default is invalid (I don't know if it incledes charges - how can I tell) and also because including date of service they did not allow 14 days??

 

 

Do you have a statement which shows a balance and any charges? Then check this against the Default Notice. If you have been in Default for a while and incurring charges then you should be able to see if they are included in the DN balance they are requesting.

[angel_1]

hiya all

 

anyone had any doorstop visitors yet?

 

and keep positive laters angel x

[underdog13]

Yep. From power2contact, despite them being sent the doorstep letter. Currently drafting up the mother of all complaint letters.

[cleo4patra]

hiya all

 

anyone had any doorstop visitors yet?

 

and keep positive laters angel x

Hiya - no when I sent it to BOS they said as I didn't want a visit the next step would be court - sent it to power2contact (capital one) account has been passed to another DCA - had no agreement

[angel_1]

hiya cleo,,,

 

wishing you continued good luck in your pursuit in justice,,,seen on milly's thread you had your sars back

 

ive had a letter and form to complete with my signature from hbos for all my halifax and bos accounts, yet to send back though, told to print my name only by milly

 

just wondered whether you got something similar when you sent your sar request?

 

dont know whether to act dumb and wait for the 40 days before i respond anyway and then make an informed decision then

 

cheers and keep postive,,,laters angel x

[lexis200]

Are they asking for your sig before sending out the information angel?

 

There's a letter knocking about regarding that - I might have a copy somewhere if you need it. In any case, if they want an actual signature then you can print a pattern on a piece of paper (two or more colours is best on a different colour background). It would make it nigh on impossible to lift - OH knows the technical term for what it does, but I'm not that nerdy so I don't:D

 

Also, with the 40 days...I had a look at the ICO's site a few days ago, and from the SAR info they post on there, it seems that the 40 days starts from when they have all the extra information they need - including asking for confirmation that you are who you say you are.

 

The thing is, from the information given there they have to ask promptly etc which would mean if they stall by waiting until say, day 38 before asking, they could be complained about.

 

These are from the checklist for organisations, and I think it's pretty helpful stuff! http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf if you want to have a look at the whole thing. This and the faq's (both public and organisation) are useful too.

 

10 Prepare the response

A copy of the information should be supplied in a permanent form except where the individual agrees or where it is impossible or would involve undue effort. This could include very significant cost or time taken to provide the information in hard copy form. An alternative would be to allow the individual to view the information on screen. You have 40 calendar days to comply with the request starting from when you receive all the information necessary to deal with the request and any fee that is required. Individuals can complain to the ICO or apply to a court if you do not respond within this time limit.

 

However...

 

3 Do you need any other information to find the records they want?

No Go to 4.

Yes You will need to ask the individual promptly for any other information you reasonably need to find the records they want.

You might want to ask them to narrow down their request. For

example, if you keep all your customers’ information on one computer

system and your suppliers’ information on another, you could ask what

relationship they had with you. Or, you could ask when they had

dealings with you. However, they do have the right to ask for everything you have about them and this could mean a very wide search. You have 40 calendar days to respond to a subject access request after receiving any further information you need and any fee you decide to charge.

 

Do you have enough information to be sure of the requester’s

identity?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

No If you have good cause to doubt the requester’s identity you can ask them to provide any evidence you reasonably need to confirm it. For example, you may ask for a piece of information held in your records

that the person would be expected to know, such as membership

details, or a witnessed copy of their signature. Once satisfied, go to 3.

 

Now the last one would suggest to me that you could simply phone them and answer some security questions to prove you are you if they really want to make sure? Saves sending a signature and it's quicker too:)

 

Lexis:)

[angel_1]

hiya lexis, thanks for this have printed it off and saved the link for ico you gave, will you let me have a copy of that letter pls ta

 

very ssorrrry cleo this ended up on your thread,,,

 

but will help others im sure

 

let us know what you get from your sars cleo, good luck laters angel x

[lexis200]

Hey angel:)

 

This is the one I've nicked from somewhere on the site...

Dear Sir/Madam,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply.

 

Please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

I look forward to receiving the documentation requested.

 

I would appreciate your due diligence in this matter.

 

Yours Faithfully,

And this is the one I've done today after citi asked for id 43 days after they received my request, which you may be able to pick bits out of to use...

 

Dear Sir/Madam

 

Re − Account number –

 

I am in receipt of your letter dated 10th March, informing me that you need identification to continue with my request under the Data Protection Act.

 

You received my request at your offices on the 26th January. The request was sent by Special Delivery (code number xxxxx) and was signed for by someone with the initials JM. You had 40 calendar days from that date to furnish me with the information requested. Your time expired on the 7th March.

 

Your letter was dated the 10th March, so even your request for information was not in the required time. In addition, according to the Information Commissioners Office ‘You will need to ask the individual promptly for any other information…’. You cannot have needed 43 days to write and ask for more information, so this can only be seen as a stalling tactic.

 

According to correspondence sent to me, you have been asked for information regarding my account by both Connaught Collections and 1st Credit. Both of these will have had my details, including my current address. You have also used my account number on the letter you sent to me; something I am sure would be unwise if you were concerned as to my identity. From these two points, but particularly the last one, I feel it is fair to assume you are happy that you are sending information to the correct person.

 

You also include a form for me to fill in, which seems to be asking for the information required. This is all contained within the Subject Access Request that you have in your possession. I am however willing to confirm my date of birth, which is xxxx.(they asked for this, I didn't pull it out of thin air as something to offer them:))

 

I do not believe your request for identification is valid; if you are unsure as to my identity you would not have included my account number in your communication. If you are insistent however that you need more information, I would ask you to explain why you are happy to provide my account number to someone you have reason to believe is not me.

 

You have my account number, my date of birth and my current address (which will have been confirmed by the 2 companies who have previously requested information from you). If this does not satisfy your need for identification please remember to include your explanation of the question in the above paragraph when you respond.

 

Despite your non-compliance with your legal requirements, I am willing to give you an extra 14 days from receipt of this letter to send the information I have requested in its entirety.

 

Please note though if you still require identification, I will be including this in the 14 extra days I am allowing you, as you had already exceeded the 40 days allotted by the Information Commissioners Office.

 

Yours faithfully

Lexis x

[citizenB]

Nice one Lexis, and thanks for that information. Another CAGer has been having a tough time with HSBC I am sure this will be of great interest.

[lexis200]

Thanks citizenB:)

[42man]

Hi Cleo....got your PM apologies for not coming back sooner....if they have sent you a SAR with a number of terms that mean nothing to anybody working outside of their industry, then I would write back to them as they are OBLIGED to give you a glossary of terms with the SAR....(this is confirmed by the ICO I believe) state that they have not included a glossary of terms and that your SAR is incomplete....

[42man]

SO let me get this straight they are saying they have NOT terminated ? but you have termination letters from them ???

[42man]

Taken from the ICO website - "The information may be sent to you as a computer print-out, in a letter or on a form. You should be able to understand the information, and any codes should be explained"