M&S, changed from Storecard to Creditcard .

[angel_1]

hello everyone,

 

may i sub too, as im in battle with ms too now

 

yes we must do what we must do:cool:

 

laters angel x

[Muffintop]

Hya Angel, in my experience so far, M and S are the nicest but also still very sneaky, they do send your information but omit what they choose to, now omitted all my statements. I rang the Information Commissioners Office today who confirmed if the sar has gone past the 40 day period and non compliance or they wont give it to you until you provide a sig they will take on the complaint!! mbna and m and s winging their way to ifo

[ajs444]

Hi All M&S hunters,

I am still waiting on a reply to my CPR 31,16 request, still getting phone calls from them, even though I issued them with Default notice. Explained to their operators to what is happening, they don't seem to understand that I can also issue default notices, and that they really should not be contacting me.

Any way, they have responded with a default notice on me, I have now escalated this to the FOS for their opinion and mediation.

Keep you posted.

[angel_1]

Hya Angel, in my experience so far, M and S are the nicest but also still very sneaky, they do send your information but omit what they choose to, now omitted all my statements. I rang the Information Commissioners Office today who confirmed if the Subject Access Request has gone past the 40 day period and non compliance or they wont give it to you until you provide a sig they will take on the complaint!! mbna and m and s winging their way to ifo

 

 

thats brill thanks muffintop

 

ive come across another sars letter someone else used and ive incorporated a lot more info in my sars request - and have numbered each of my points so therefore will be easier for me in the future to confirm what i have had and what i have not had incase i need to go to info commissioner office with a potential future complaint

 

keep at it

 

laters all anel x

[angel_1]

Hi All M&S hunters,

I am still waiting on a reply to my CPR 31,16 request, still getting phone calls from them, even though I issued them with Default notice. Explained to their operators to what is happening, they don't seem to understand that I can also issue default notices, and that they really should not be contacting me.

Any way, they have responded with a default notice on me, I have now escalated this to the FOS for their opinion and mediation.

Keep you posted.

 

 

oh good, another 450.00 costs to ms for fos to investigate your complaint

 

keep at it

 

laters all angel x

[Muffintop]

Hya , when you say you have issued marks and spencer a default notice,, what do you mean? you dont mean the say default notice that will go on their files with agencies as they would send to us do you?? if so how did you do this.... or do you mean that you have placed the account in official dispute?

 

I got another letter from them today which was sent to an old address of mine.... it confirms what I thought sort of... I opened the orig account in 2004.... but I moved house and they say the account was closed in 2007 feb and reopened in 2007 march with the balance from one card put over to the new one... surely this isnt a new agreement and would come under the original agreement back in 2004, but they have given it new account number...... help banker .....

[banker_rhymes_with]

Hello Muffintop!

 

surely this isnt a new agreement and would come under the original agreement back in 2004, but they have given it new account number...

 

If you did not sign any new Agreement in 2007, then all they have done is roll one account into another based on whatever original Agreement they think you made with them in 2004.

 

If in doubt, do a CCA Request and a Subject Access Request just to be sure, stating the new alleged Account number just to help them focus.

 

If they send you a copy of the 2004 Agreement, then that will confirm which Agreement they think this involves.

 

Them sending you a new Card and/or bumf without you entering into anything new means very little...they are still tied and bound to whatever the original Agreement may/may not have been.

 

Cheers,

BRW

[ajs444]

Muffintop,

I sent account in dispute letter, with relevant clauses highlighted.

[Muffintop]

Muffintop,

I sent account in dispute letter, with relevant clauses highlighted.

AJ, is that the default notice you sent that you mention in post 28?

[Muffintop]

Hello Muffintop!

 

 

 

If you did not sign any new Agreement in 2007, then all they have done is roll one account into another based on whatever original Agreement they think you made with them in 2004.

 

If in doubt, do a CCA Request and a Subject Access Request just to be sure, stating the new alleged Account number just to help them focus.

 

If they send you a copy of the 2004 Agreement, then that will confirm which Agreement they think this involves.

 

Them sending you a new Card and/or bumf without you entering into anything new means very little...they are still tied and bound to whatever the original Agreement may/may not have been.

 

Cheers,

BRW

 

Banker, AJ, sorry to labour this point but feel getting somewhere. if the original card taken out in 2004, was closed somehow in feb 07 and immediately reopened in march 07 with a new card and different account number but all the balance from card 1 was put onto card 2 by them, does this mean that they have just sent out a new card but its likely to be the same agreement? however they have clearly been a bit sneaky in getting me to sign for the new card, now the question is, did I sign a new agreement under pretence of not knowing this would mean a brand new agreement or is it under the original agreement.... everything hinges on this for me and marks and spencer.

 

http://i369.photobucket.com/albums/oo137/skeggs885/marks%20and%20spencer/marksnspencersigned.jpg

http://i369.photobucket.com/albums/oo137/skeggs885/marks%20and%20spencer/marksnspencer2.jpg

[ajs444]

This one Muffintop:-

 

 

 

 

Account number: xxxxxxxxxxxx

 

Dear Sir/Madam

 

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.

 

Account in Dispute

 

I wrote to you on 25th. November 2008 requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This was a legal request for information under Sections 77/78 of the Consumer Credit Act 1974. The statutory fee of £1.00 was enclosed with my original request.

 

The Consumer Credit Act 1974 and Agreement Regulations1883 are very specific as to the form and content of a regulated agreement and the Application form you have provided to date falls short of what is required.

 

Under the terms of the above ‘Act’, if a creditor has not complied within 12 working days of receipt of this request the creditor is in default, rendering the alleged agreement unenforceable until the request is fully complied with, or by a court order.

 

Both of these deadlines have now passed and due to the non-compliant reply in relation to the above request you have not discharged your obligations under the ‘Act’, and remain in default.

 

On advice from the Financial Ombudsman Service, I now require you to reply with your final response to comply fully with my previous request. The maximum timescale for you to give a final response to my complaint is 8 weeks. This time runs from the date of the original complaint, which in this case, is the date you received my original request on 25th November 2008.

56 days from this date will expire on 20th January 2009.

 

Should your final response not comply with all statutory regulations and pertinent sections of the ‘Act’, and be a true signed original copy of the alleged executed agreement – I will be left to surmise that no regulated enforceable agreement exists between us, and will ask the Ombudsman to instigate their investigation.

 

 

Whilst this account is in dispute, and remains in default – I should remind you that you may:-

•Not demand any payment on this account, nor am I obliged to offer any payment to you.

•Not add any further interest or charges to this account.

•Not disclose or pass on this account to any other party/agent.

•Not register any adverse payment history regarding this account with any Credit Reference Agency.

•Not issue a default notice related to this account.

 

 

Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and can not be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing, and will be vehemently challenged.

 

I await your final response to this complaint within 14 days of this letter, and would ask you include your proposed actions in the event that you are unable to comply fully with this final request.

 

Yours faithfully

[almond]

hi

can you help, i am having trouble meeting my payments to m&s the interest is getting silly, i made a payment of £5 last month that has gone missing (paid in shop) and their are now saying their have'nt got it, I have'nt had time to have a good look out for reciept since i am getting so many calls from them. Yesterday 7 spoke to them 4 times and missed the other 3 calls. I have had them on today and its seems nobody knows what is going on, I have offered to pay them £5 tomorrow (trying to drag it out) while i decided how to get the agreement from them.

I will make a payment via phone tomorrow and have printed off an harrasement by phone letter, what else do i send is it £1 and a letter asking for a copy of agreement? I took out my old m&s card 20 years or more ago.

please help

thanks

Edited February 5, 2009 by almond

[angel_1]

hiya almond

 

so sorry that you appear to have been getting lots of calls, unfortunately this is their tactic

 

ive sorted my phone dilemma out for the time being but its constantly there in your life

 

i would start a new thread and this way you can request all the info there and get all the replies there so it flows better with any updates from you and the advice given to you too

 

i have my own thread too but my card is not as old so not sure of older cards

 

but yes request a cca from them, will you have had say late charges too?

 

request a subject access request too this way you get to see what any charges and other info they hold on you and should in reality also provide the cca too or agreement copy of your card account (if they still have it:wink:)

 

hope that is of use to you laters angel x

 

i am aware its your thread ajs444 hope u appreciate my intervention though on this occasion laters:cool:

[Muffintop]

On advice from the Financial Ombudsman Service, I now require you to reply with your final response to comply fully with my previous request. The maximum timescale for you to give a final response to my complaint is 8 weeks. This time runs from the date of the original complaint, which in this case, is the date you received my original request on 25th November 2008.

56 days from this date will expire on 20th January 2009.

 

Should your final response not comply with all statutory regulations and pertinent sections of the ‘Act’, and be a true signed original copy of the alleged executed agreement – I will be left to surmise that no regulated enforceable agreement exists between us, and will ask the Ombudsman to instigate their investigation.

 

AJ, I sent pretty much this but not with the text above.. It is too late now for this line as my cca requested was november 08 and the 56 days have expired.

Edited February 5, 2009 by Muffintop
highlighting

[Muffintop]

hiya almond

 

so sorry that you appear to have been getting lots of calls, unfortunately this is their tactic

 

ive sorted my phone dilemma out for the time being but its constantly there in your life

 

i would start a new thread and this way you can request all the info there and get all the replies there so it flows better with any updates from you and the advice given to you too

 

i have my own thread too but my card is not as old so not sure of older cards

 

but yes request a cca from them, will you have had say late charges too?

 

request a subject access request too this way you get to see what any charges and other info they hold on you and should in reality also provide the cca too or agreement copy of your card account (if they still have it:wink:)

 

hope that is of use to you laters angel x

 

i am aware its your thread ajs444 hope u appreciate my intervention though on this occasion laters:cool:

 

guys. check out my new thread agreemens and mbna trading standards

 

Iv had positive response from tradint standards today re telephone calls

[ajs444]

Well sent letter requesting breakdown of charges that have been put on card since its creation, Interest, Default Charges & PPI.

Got same response back that they had complied under Consumer Credit Act.

Still get phone calls but not during the week, Saturday mornings 08.30 and Sunday mornings 09.00 just to be really annoying!

Tell the caller "that it is in the hands of the FOS", to which they reply:- WHO????

Many more M&S threads now appearing, can we get our own section?

[Muffintop]

I agree, we really need a m & S money section. Banker asked for this some time ago and my M and S cca has been on hold as I cant get the right input as people cant sub to my thread as its not in the right section. mod pse

[hellhasnofury]

I agree, we really need a m & S money section. Banker asked for this some time ago and my M and S cca has been on hold as I cant get the right input as people cant sub to my thread as its not in the right section. mod pse

 

So where is your thread???????

[Muffintop]

I initially started all my cca requests in one place creditcards v skeggs ccas which had my m & s info on it.. I then changed avitar to Muffintop and think this would ahve changed to creditcards v skeggs ccas, then I split them into appropriate forums but there wasnt one for M & S,. I did have a vain attempt at having a new one in general forum but it just wasnt getting the viewings by M & S people, so I just check out others like cleo and AA999,, I have now had my SAR back from M & S and things dont stack up somewhere but cant get real advice in order to give me enough grounds to stop payments,. (still paying) I did think about sending it out to a solicitor to deal with but this means lots of money and no guarantees (is over 5k and this phased me as wouldnt be small claims)

I really would like to have my own thread on this that would be in the right place to get noticed and it would help others also but as you know we havent got one yet. suggestions pse ...

[ajs444]

A lot of members are now posting regarding problems with change from Storecard to Credit Card some years ago.

These posts are spread over the following sections:- Store Cards, Other Orginisations and Data Protection/Default Issues, and these are only recent posts, there maybe others out there.

Also further entries under General Debt and Legal Issues.

Would it be possible to incorporate under one section headed M&S or just Marks and Spencer?

I know it was mentioned before, but nothing further came of it.

Edited March 2, 2009 by ajs444

[banker_rhymes_with]

Agreed.

 

M&S are becoming a problem, and really need to be in their own Forum where people can more easily see how they work.

 

Suggest an M&S Forum should perhaps go here:

 

Other Institutions

 

That's because I think the new M&S Cards are run by HSBC, but I'm not so sure about the earlier Charge Cards.

 

However, if HSBC ran those too, then perhaps M&S should be a sub-Forum of:

 

HSBC Bank

 

Anyone know if M&S Charge Cards were run by HSBC behind the scenes?

 

Cheers,

BRW

[ajs444]

Cheers Banker,

 

Might be better under store cards section as most people seem to be having the problem when card was changed from store card to credit card by M&S.

No new agreements were provided nor signed.

[banker_rhymes_with]

Hello ajs444!

 

Might be better under store cards section as most people seem to be having the problem when card was changed from store card to credit card by M&S.

 

No new agreements were provided nor signed.

Yes, agreed. Placing an M&S Forum is tricky for all of the above reasons, i.e. Store Card, then Store Card to Credit Card, and then the issue of HSBC actually sitting in the background running the Credit Card show!

 

HSBC do pop up when M&S flounder on issues, so the M&S front on the Credit Cards is just a front, behind it sits HSBC. I think when push comes to shove on the M&S Credit Cards, the tactics employed will be those of HSBC, so an awareness of how HSBC operates is also important. Which DCAs do they use, which Lawyers, how do they operate and what little tricks do they like to use etc.

 

Cheers,

BRW

Edited March 5, 2009 by banker_rhymes_with
Typo/Clarity...mustn't rush!

[ajs444]

Well now had letter from DCA even though FOS have not replied yet.

[hellhasnofury]

Well now had letter from DCA even though FOS have not replied yet.

 

Hello Ajs444,

 

Who is the instructed DCA , what are they threatening and have you responded to their threatograms:rolleyes:

 

They set Fenton cooper after me, whilst the account was in legal dispute, they retreated rather quickly when I sent a harassment letter informing them to discuss the legally disputed account with M&S and threatened to report them to the oft.

 

Shortly after that they instructed Rockwell who again after showing them the error of their ways retreated hastily.

 

They are all in serious breach of the oft debt collection guidence and need to be told.

Edited March 22, 2009 by hellhasnofury