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CCA to Moorcroft re M+S card - what now?


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Hi I recent CCA'd Moorcroft over a M&S finance plan which they have had for several months and this is the reply I received:

 

Thank you for your request for a signed copy of the relevant agreement under the CCA.

We will contat our client and request the relevant information and ask that it be provided as quickly as possible.

 

In the meantime, however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of dispute are addressed prior to any possible court action or further investigation.

 

Pleae could you give an indication of the information you will be providing, when giving evidence to the court or providing information to the relevant statutory authorities in relation to the alleged subject matter of the account.

 

Please confirm whether, for example when making a statement of truth in connection with any court proceedings, you will be giving evidence as to whether or not you did not receive the goods/credit ordered.

 

could you provide this information by return.

We believe that this is a simple request that will assist in ensuring that all possible areas of dispute are identified as quickly as possible and potential costs and delays kept to a minimum level.

 

Should I ignore this and wait or respond????

 

Thanks

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hi linz,

ignore it and let them default.

i got one also then a week later got a letter saying they didnt have the cca and have closed my account and passed it back to the client.

if you search around you'l come across others that moorcroft did this with :)

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Samphire, it will depend if the client has actually sold the debt on to the DCA or not in the first place. In one of my cases the DCA did pass the account back to their client and then the client's solicitors have been in touch, but I have CCA'd and SAR'd the client so its a bit of a stalemate at the moment.

But I have also heard references to the DCA saying that they will pass it back to their client because they dont have the correct paperwork, and dont want to admit it!

Red

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  • 4 months later...

Hi guys

 

Have received this back from M&S in response to CCA - not signed so I am guessing it is the same as AMEX?

 

I would appreciate if someone could confirm I am correct

 

Thanks:)

M&S charge.jpg

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Excellent thanks.

Well ZERO prescribed terms and the banner heading of Application tend to seal it for me.

Not only that but it hasn't even bee executed by them !!

 

This "agreement" is UNenforceable.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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Yes it's always nice to see in big bold letters "TO COMPLETE YOUR APPLICATION..." and just in case you're not sure stick in something about before we grant you credit we'll do a wee check with the CRA's in their DATA POLICY bit.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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