What2donext / UE Diary

[Deepie]

Re: What2donext / UE Diary

Good afternoon everyone received the above today do we send Threat by Creditor - Threat -o -Gram Letter Before Action to Moorcroft? It is a year tomorrow since we joined this wonderful site we would just like to thank everyone who has helped us over the last year because without this support network we would'nt like to think where we would be today, many thanks again to all who have contributed to our diary.

or this up to you ----------> Threat by Creditor - To Commence Litigation

[what2donext]

Re: What2donext / UE Diary

Egg Credit Card (Mrs)
Date Commenced - 17/12/01
Approx. Balance - £2655
Last Full Payment paid - 16.6.11
DMP Payment paid - 7.7.11 (no more payments being made)

07/07/11 CCA request sent
18/07/11 Received CCA Can you please advise what pages to email Niddy as there are 8 pages of terms and conditions, a copy of the application form and 14 pages on the credit agreement, many thanks
19/07/11 Niddy says

19/07/11 CCA Query - Missing Prescribed Terms sent recorded delivery
18/08/11 Received letter saying the documents provided constituted a true copy of your agreement,we have now provided all documents required by law and do not consider there to be a genuine dispute as to the enforceability etc etc.
09/11/11 Received letter about Barclaycard taking it over with the "line carry on managing your account as you do today" etc etc.
05/12/11 Received letter from Mercers Fantastic Offer Make 2 payments get 2 free etc etc.
10/11/12 Received another IMPORTANT INFORMATION letter from Mercers
12/01/12 Received letter from Calder Financial - A FINAL OFFER OFF HELP - Our clients are prepared to accept 60% of your outstanding balance in f&f settlement of your debt etc etc
06/03/12Received letter from Barclaycard - Formal Demand For Payment -As you have not complied with the recent Default Notice, the outstanding balance shown above is now due etc etc .If a payment is not made by 8 March 2012, a debt collector may call upon you or legal proceedings may be taken against you in the County Court blah blah blah.
22/03/12 Receieved from Barclaycard - your Barclaycard account has now been passed to RMA to manage the collection of the balance. etc etc .
23/03/12 Received a letter from RMA -Please accept this letter as notification that,due to non payment your account has been passed to RMA etc etc .
12/04/12 Received a letter from RMA -NOTICE OF CONCERN -With concern, I note that our records show you have failed to agree on an acceptable repayment plan on your outstanding balance with Barclaycard.etc etc.
17/04/12 Received a letter from RMA - You have been selected for a SETTLEMENT OFFER on your current outstanding balance you must call within 14 days etc etc.
24/04/12 Received another letter from RMA - We are writing to you as despite our attempts to reach a suitable agreement on the repayment of
your outstanding Barclaycard account, to date the matter remains unresolved.Please call us etc etc
28/04/12 Received yet another letter from RMA -NOTICE OF POTENTIAL DOORSTEP RECOVERY -We are writing to formally notify you of our intensions to forward your account to Scotcal LTD,a doorstep recovery agent etc etc.
28/04/12 Sent Harassment & Threat of Doorstep-Visit letter to RMA.
17/0512 Received letter from RMA- THIRTY DAY NOTICE - you have been legally notified of this debt and have failed to contact us in relation to your liability to our client. This situation is unacceptable and cannot be allowed to continue etc. etc. Should you fail to take advantage of one of these proposals will leave me with little alternative other than to return your account back to our client and recommend they investigate legal proceedings against you, as all our attempts to resolve the matter on a voluntary basis will have been unsuccessful. etc. etc.
17/05/12 Sent Threat by Creditor - Threat -o -Gram Letter Before Action to RMA
16/06/12 Received a letter from NCO Europe : Thank you for your letter dated 17th May the contents which have been duly noted .Your complaint as we understand it from the information provided, relates to : You claim not to have received an adequate response to your request for information under the Consumer Credit Act made to our client Barclaycard.
In order to adress the issues raised i have reviewed the system notes relating to theabove account and contactedour client, Barclaycard.
Our client confirmed they have no record of previously receiving your request. If you wish to make such a request please contact our client directly as the above account was closed by NCO on 12th June 2012. For the resons detailed above we are unable to uphold your complaint. Please note
this is our final response.
02/07/12 Received a letter from Moorcroft -We have been instructed by BARCLAYCARD - It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. We believe that this letter fulfills this requirement even if it is not actually read by you .
To prevent our recommending to our client that solicitors commence legal proceedings, it is essential that you settle this debt without delay.
Both our client and we do not wish to take this action but if agreement cannot be reached by 07.07/12 a claim may be issued by solicitors instructed to act on behalf of our client without further notice. etc etc.

Good afternoon everyone received the above today do we send Threat by Creditor - Threat -o -Gram Letter Before Action to Moorcroft? It is a year tomorrow since we joined this wonderful site we would just like to thank everyone who has helped us over the last year because without this support network we would'nt like to think where we would be today, many thanks again to all who have contributed to our diary.

[what2donext]

Re: What2donext / UE Diary

Sygma/Creation Credit Card (Mrs)
Dated Commenced - 25/5/06
Approx. Balance - £5297
Last Full Payment Paid - 23/5/11
DMP Payment Paid - 22/6/11 (no more payments being made)

07/07/11 CCA request sent
06/08/11 Recieved letter with CCA request and postal order in asking for a signature before they can process as part of security procedure
08/08/11 CCA Request-Demand of Signature by Creditor letter sent
13/08/11 Recieved letter with CCA request & postal order returned again stating
"Whilst we acknowledge the fact that the Consumer Credit Act 1974 does not require that you supply a copy of your signature before response with a s77/78 request, the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data.
I return your original copy of which i have kept for our records,and should be grateful if you would sign it.Alternatively,if you cannot sign it,please send me appropriate copy documentationto prove the bona fides of this request
In the meantime i will assemble the neccesary documentation which will be released upon receipt of your response validating this enquiry"
15/08/11 Signature Request - Formal Response letter sent
20/08/11 Recieved letter returning all our previous letters stating
"In our previous correspondence we have already acknowledged the fact that the Consumer Credit Act 1974 does not requre that you supply a copy of your signature before response with a s77/78 request,however the data protection principles under the Data Protection Act 1998 (as amended from the original Data Protection Act 1984) requires us to excercise proper security with the disclosure of personal data. I can confirm we are in possesion of your signed agreement, as we posses this document we have been able to send monthly account statements and letters in relation to your agreement with us. Letters which you send to us require manual intervention, therefore the agreement cannot be used in this instance".
In your correspondence you state "if it is for Data Protection purposes then i can supply you with documentation to substantiate my identity to you " Therefore we require this to enable us to send our response to you.
I have tried contacting you via telephone to validate this request, but have been unable to contact you,should you wish to verbally confirm this request please contact me directly.

10/09/11 Received letter stating : you have failed to maintain your temporary repayment arrangement with us,which was agreed to assist you, if we do not receive a payment within 7 days ,we will have no option but to assume you are unwilling to pay,your account will return to standard inteest rate and we will resume collections activity.This could include, The issue of a court summons etc etc. We have attempted to support you etc but without your cooperation we canot continue to do so.
16/11/11 Received general arrears letter
23/11/11 Received another general arrears letter
01/11/12 Received leter stating - Final opportunity to respond before we take further action and issue a default notice etc etc
02/12/11 Sent Niddy special
10/12/11 Received Default Notice
31/12/11 Received termination letter we do not understand why you have not contacted us etc etc.
07/01/12 Received letter stating-As we have not been able to contact you recently we have arranged for one of our representatives to call at your adress etc etc
07/01/12 Sent Harassment & Threat of Doorstep-Visit letter
01/02/12 Received CCA
04/02/12Niddy says Unenforceable
04/02/12 Sent Missing Prescribed Terms letter
03/04/12 Received a letter from Drydens lawyers -We are solicitors instructed by the above to whom you are indebted in the above sum in respect of credit card. Despite reminders issued by our client you have failed to make a payment.
Our client has issued and served a default notice upon you under the CCA1974. Your failure to comply with the notice now results in the termination of your credit agreement as at the date of this letter. Our client therefore demands repayment in the sum of £*****
Please be advised that unless we hear from you beforehand legal proceedings may be issued against you in 14 days. Our intention is to obtain a County Court Judgmentagainst you.
When a judgment is obtained the costs of the action are usually added to the debt. Once a judgment has been obtained and it remains unsatisfied, our client will seek to enforce it by way of a Charging Order which would secure the debt against your property.
03/04/12 Sent Threat-o-Gram Letter Before Action
07/04/12 Received letter from -drydensfairfax solicitors - We acknowledge safe receipt of your letter dated 3 April 2012. In accordance with our complaints procedure your letter has been referred to a member of the firm's compliance team for ivestigation. We aim to sendyou a detailed reply by 19th April 2012.
20/04/12 Received another letter from drydensfairfax - We write further to our letter of 5 April 2012 unfortunately we have not been able to complete our enquiries into this matter,we hope to complete our investigation and send you a detailed reply by 3 May 2012 etc etc.
05/05/12 Received another letter from drydensfairfax- We are currently liasing with our client regarding your CCA request and regret we are not yet in a position to respond. We can confirm the account remains on hold.
16/05/12 Received another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response.We hope to complete our investigation and send you a detailed reply by 31 May . We can confirm the account remains on hold.
01/06/12 Received yet another letter from drydensfairfax- Unfortunately we have not been able to complete our enquiries into this matter in a position to enable a response to be sent to you today.We hope to complete our investigation and send you a detailed reply by 21 June. We have been instructed by our client that they are undertaking a review of the issues raised by you and our instructions are to take no further action pending their findings.
22/06/12 Received a letter from drydensfairfax : We have passed our client the details of your complaint and they have advised us that they are conducting a review into the matter. In the meantime, our instuctions are to take no furthr action in this case pending their findings.

Good morning everyone received the above today we will just file and wait and see what they come up with next.thanks

[what2donext]

Re: What2donext / UE Diary

Sorry for the delay! Its still unenforceable isn't it..... Nothing changed, original or copy - there is no link to the terms that they have attached so where is the original back page that belonged to that application? It's missing!

No response necessary right now as it is their final response.

Thanks a lot Niddy no problem about the delay I know you have a hell of a lot to deal with at least it is still U/E hope you are keeping ok
Cheers

[Never-In-Doubt]

Re: What2donext / UE Diary

Good afternoon everyone received the above today the agreement that dlc have sent looks different to the original one supplied by MBNA although they have also sent the application form with the same terms and conditions again ,should we email this to Niddy any help would be much appreciated thanks

Sorry for the delay! Its still unenforceable isn't it..... Nothing changed, original or copy - there is no link to the terms that they have attached so where is the original back page that belonged to that application? It's missing!

No response necessary right now as it is their final response.

[what2donext]

Re: What2donext / UE Diary

If it was me I Would send this--------> Final Response - Unenforceable (General)

Cheers In2deep I will get it in this afternoons post

[Deepie]

Re: What2donext / UE Diary

Good morning everyone just received the above today any suggestions as what to send next would be much appreciated as we have already sent the Threat-o-Gram Letter Before Action.thanks

If it was me I Would send this--------> Final Response - Unenforceable (General)

[what2donext]

Re: What2donext / UE Diary

HSBC Credit Card (Mr)
Date Commenced - 09/10/99 . Balance - £3140
Last Full Payment paid - 8.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
02/08/11 CCA received
02/08/11 CCA sent to Niddy
03/08/11 Niddy says
04/08/11 sent letter CCA Query - Missing Prescribed Terms by recorded delivery
16/08/11 Letter received stating "Failure to respond will seriously affect your credit rating,Please be aware of other possible consequences if you do not resume payments,If you continue to fail to respond to our attemps to contact you we will serve you with a default Notice, Continued non
payment may result in your account being passed to a debt collection agency,or legal action being taken to recover the debt etc etc .

25/08/11 Received letter in response to letter sent 4/08 /11 with another copy of signed agreement
16/09/11 Received letter stating-"We are very concerned etc this is your last chance before we issue a Defult Notice etc"
01/10/11 Received another letter stating unless immediate action is taken we will issue you with a Notice of Default if you do not take appropriate action we will terminate our credit card agreement and demand immediate full repayment etc etc.
17/10/11 Received Default Notice
18/11/11 Received letter FINAL DEMAND We now DEMAND immediate payment of £****, current interest arrangements will continue to apply. YOU HAVE 14 DAYS FROM THE DATE OF THIS LETTER TO REPAY IN FULL or let us have satisfactory proposal for repayment etc. etc
29/11/11 Received letter stating - We have not received a satisfactory response to our Final Demand letter.As we have not received any contact from yuo your account is now due for placement with a specialist Debt Recovery Agent etc etc.
10/12/11 Received letter stating -This is the final opportunity for you to respond before we take further action failure to respond within the next 7 days will result in us handing your acount over to a Debt Collection Agency once your account is passed you may be liable for additional costs.

Debt collectors MAY call at your home
Legal proceedings MAY be issued
We are prepared to come to an arrangement etc etc .
21/01/12 Received a letter - Further to our advice of impending legal action against you, we have not yet had a response your account has now been passed to - Metropolitan Collection Service etc etc .
23/01/12 sent Threat by Creditor - Threat-o-Gram Letter Before Action
28/01/12 Received a letter from Metroplitan Collection Services - We are Debt Recovery Specialists who have been instructed to recover the outstanding balance etc etc .
16/02/12 Received another letter from Metropolitan Collection Services in response to letter sent 23/01/12 - Please find enclosed a copy of our clients response dated 18th August 2011 which encloses a copy of the executed credit card agreement .We have nothing further to add to this matter .Furthermore,we now require your offer of repayment on this account.Matters will be held in abeyance for four weeks pending the above.
17/02/12 Received another letter from Metropolitan Collection Services -We are dissappointed to note that we have been unable to come to an arrangement to clear the outstanding balance.If you do not contact us we intend to instruct solicitors to issue legal proceedings and apply for a charging order against your property.etc etc
17/2/12 Sent -Threat by Creditor - To Apply for a Charging Order
22/03/12 Received a letter from Metropolitan Collection Services -The agreement to hold this account has now expired and you have failed to contact us. We now require repayment of this debt. etc etc
10/04/12 Received letter from Metropolitan - FINAL DEMAND- You have failed to make payment as requested and we therefore now have no alternative but to take further action against you. Thias may involve : Debt Collectors who may call at your door, or Solicitors issuing legal proceedings against you.etc etc
02/05/12 Received a letter from Metropolitan- Please be advised that we are referring your account to DG Solicitors, who will be contacting you within the next 7 days etc etc.
03/05/12 Received a latter from DG SOLICITORS - We act for HSBC Bank Plc .We refer to the bank's correspondence with you demanding repayment of this debt.We are advised that despite the demand full repayment has not been made.
We may be instructed to take legal action against you in the County Court to recover this debt. To avoid legal action you must pay the amount outstanding within 14 days from the date of this letter. etc etc
03/05/12 Threat-o-Gram Letter Before Action Sent to DG Solicitors
28/05/12 Received another letter from DG Solicitors- URGENT! IT IS IMPORTANT THAT YOU RESPOND TO THIS COMMUNICATION .If you DO NOT, it may not be possible to avoid legal action.
20/06/12 Received a letter from DG Solicitors - URGENT - NOTIFICATION OF INTENDED ACTION - We refer to our previous correspondence. As you have failed to repay the above debt , our client is considering instructing us to issue legal proceedings against you in the County Court. This may result in a Judgment being entered against you and if the judgment is not satisfied, an application being made to the Court for a Charging Order.etc etc . It then goes on to say - This letter is therefore warning you of possible legal proceedings, in the event that our client is not paid the debt due and owing. IT IS NOT TOO LATE TO AVOID THIS COURSE OF ACTION please contact blah blah blah.

Good morning everyone just received the above today any suggestions as what to send next would be much appreciated as we have already sent the Threat-o-Gram Letter Before Action.thanks

[what2donext]

Re: What2donext / UE Diary

Egg Credit Card (Mrs)
Date Commenced - 17/12/01
Approx. Balance - £2655
Last Full Payment paid - 16.6.11
DMP Payment paid - 7.7.11 (no more payments being made)

07/07/11 CCA request sent
18/07/11 Received CCA Can you please advise what pages to email Niddy as there are 8 pages of terms and conditions, a copy of the application form and 14 pages on the credit agreement, many thanks
19/07/11 Niddy says

19/07/11 CCA Query - Missing Prescribed Terms sent recorded delivery
18/08/11 Received letter saying the documents provided constituted a true copy of your agreement,we have now provided all documents required by law and do not consider there to be a genuine dispute as to the enforceability etc etc.
09/11/11 Received letter about Barclaycard taking it over with the "line carry on managing your account as you do today" etc etc.
05/12/11 Received letter from Mercers Fantastic Offer Make 2 payments get 2 free etc etc.
10/11/12 Received another IMPORTANT INFORMATION letter from Mercers
12/01/12 Received letter from Calder Financial - A FINAL OFFER OFF HELP - Our clients are prepared to accept 60% of your outstanding balance in f&f settlement of your debt etc etc
06/03/12Received letter from Barclaycard - Formal Demand For Payment -As you have not complied with the recent Default Notice, the outstanding balance shown above is now due etc etc .If a payment is not made by 8 March 2012, a debt collector may call upon you or legal proceedings may be taken against you in the County Court blah blah blah.
22/03/12 Receieved from Barclaycard - your Barclaycard account has now been passed to RMA to manage the collection of the balance. etc etc .
23/03/12 Received a letter from RMA -Please accept this letter as notification that,due to non payment your account has been passed to RMA etc etc .
12/04/12 Received a letter from RMA -NOTICE OF CONCERN -With concern, I note that our records show you have failed to agree on an acceptable repayment plan on your outstanding balance with Barclaycard.etc etc.
17/04/12 Received a letter from RMA - You have been selected for a SETTLEMENT OFFER on your current outstanding balance you must call within 14 days etc etc.
24/04/12 Received another letter from RMA - We are writing to you as despite our attempts to reach a suitable agreement on the repayment of
your outstanding Barclaycard account, to date the matter remains unresolved.Please call us etc etc
28/04/12 Received yet another letter from RMA -NOTICE OF POTENTIAL DOORSTEP RECOVERY -We are writing to formally notify you of our intensions to forward your account to Scotcal LTD,a doorstep recovery agent etc etc.
28/04/12 Sent Harassment & Threat of Doorstep-Visit letter to RMA.
17/0512 Received letter from RMA- THIRTY DAY NOTICE - you have been legally notified of this debt and have failed to contact us in relation to your liability to our client. This situation is unacceptable and cannot be allowed to continue etc. etc. Should you fail to take advantage of one of these proposals will leave me with little alternative other than to return your account back to our client and recommend they investigate legal proceedings against you, as all our attempts to resolve the matter on a voluntary basis will have been unsuccessful. etc. etc.
17/05/12 Sent Threat by Creditor - Threat -o -Gram Letter Before Action to RMA
16/06/12 Received a letter from NCO Europe : Thank you for your letter dated 17th May the contents which have been duly noted .Your complaint as we understand it from the information provided, relates to : You claim not to have received an adequate response to your request for information under the Consumer Credit Act made to our client Barclaycard.
In order to address the issues raised I have reviewed the system notes relating to the above account and contacted our client, Barclaycard.
Our client confirmed they have no record of previously receiving your request. If you wish to make such a request please contact our client directly as the above account was closed by NCO on 12th June 2012. For the reasons detailed above we are unable to uphold your complaint. Please note this is our final response.

Good afternoon everyone received the above today from NCO who we presume are the same company as RMA, NCO have closed the account so we will wait and see which pick it up next, thanks

[what2donext]

Re: What2donext / UE Diary

Send to Niddy for a look...........

Cheers In2deep ive just emailed them for Niddy to cast his expert eye over

[Deepie]

Re: What2donext / UE Diary

Good afternoon everyone received the above today the agreement that dlc have sent looks different to the original one supplied by MBNA although they have also sent the application form with the same terms and conditions again ,should we email this to Niddy any help would be much appreciated thanks

Send to Niddy for a look...........

[what2donext]

Re: What2donext / UE Diary

MBNA Credit Card 2 (Mrs)
Date Commenced - 9/3/01
Approx. Balance - £5036
Last Full Payment paid - 6/6/11
DMP Payment paid - 28/6/11 (no more payments being made)

07/07/11 CCA request sent
21/07/11 Received letter requesting additional info and IE form to be completed and signed guessing we ignore again
22/07/11 Received CCA will email to Niddy to look at thankyou
24/07/11 Niddy says
25/07/11 CCA Query missing prescribed terms letter sent recorded delivery

07/11/11Received letter stating - Thank you for your letter dated 29th July 2011 in res[ect pf the agreement referred to above. In your letter you claim that we have not supplied a true copy of your original credit agreement. To confirm, the document enclosed with our recent letter is a copy of the executed agreement that you signed when you decided to take out a credit card with MBNA Europe Bank. You have been provided with a true copy of your credit agreement. Furthermore the "Financial and Related Conditions" set out on the credit agreement are the key terms which, under Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, were prescribed to be included int he credit agreement that you signed. These key terms set out how your credit limit is decided, your minimum payment obligation and your interest rates. When you were sent your credit agreement for signature, these key terms were also repeated in a full set of the Terms and Conditions of your credit agreement which were conveniently set out separately in a document for you to keep. A copy of these terms was enclosed in our previous response. In your letter you state that the copy of the agreement we provided is illegible. We can confirm that we are satisfied that the copy of the agreement we provided is legible. MBNA are satisfied that the regulated credit agreement into which we entered with you satisfies all relevant legal and regulatory requirements. As such, we shall continue to administer this account as normal. We also expect you to continue to make payments to us as they fall due, if you fail to do so, please note that any arrears will be reported to the Credit Reference Agency.
12/12/11 Received Default Notice
15/02/12 Received letter - Your credit agreement has been terminated you will no longer receive statements and we have registered a default at the CRA .It then goes on to what recovery action they may take -Sale of Debt - Placement of Debt -Litigation You will be kept informed of any further action.
15/03/12 Received letter from MBNA - We are taking further action to recover your debt.We have decided that we will take the action of selling your debt to another company.We will be transfering ownership to Hillsden Securities Limited.
26/06/12 Received a letter from - dlc -We hearby give notice that this debt has been assigned to Hillsden Securities Ltd, trading as direct legal & collections
This means that MBNA no longer own your account and your account is now owned by dlc.etc etc
16/04/12 Received a letter from dlc-As you have failed to maintain acceptable payment installments on your account, we have made enquiries with the locl land registry and have received formal confirmation that you are a home owner. It is now our intention to commence legal proceedings against you for non payment of this account. Once a County Court Judgement has been obtained, a further application will be made to secure this debt against your financial interest in your property by the way of a Charging Order.
We would like to resolve this matter without the need for legal proceedings etc etc.
16/04/12 Sent Threat to Commence Litigation letter to dlc.
21/04/12 Received letter from Hillsden/dlc -Thank you for your recent letter. I acknowledge receipt of your complaintand will respond within 5 days etc etc
25/04/12 Received an acknowledgment letter in reply to Threat to Commence Litigation letter we sent - Unaware of any outstanding disputes on the account ,We have not received any previous correspondence from you prior to your letter dated 16/04/12, Due to the above we disagree with your claims that we have continued to harass you etc etc. We have referred this mater to MBNA to obtain the necessary documentation in acorrdance with the CCA 1974. This will be provided to you once it becomes available
14/06/12 Received a letter from dlc - Further to our letter dated --April regarding the above account
Please find enclosed a copy of your original agreement, along with current terms and conditions and those applicable at the time of inception.
This now completes our obligations under the Consumer Credit Act 1974 and satisfies your s78 request.
As we have now reached the end of the 8 week timescale to resolve this matter, we would request that you accept this letter along with our letter dated --th April (a copy is enclosed) as our final response.

Good afternoon everyone received the above today the agreement that dlc have sent looks different to the original one supplied by MBNA although they have also sent the application form with the same terms and conditions again ,should we email this to Niddy any help would be much appreciated thanks

[PlanB]

Re: What2donext / UE Diary

Of course "the most sensible course of action" is for the DCA to return your account to their client M & S since it's UE

What's making me really angry is that M & S know damn well that any of their millions of storecards which were converted/upgraded into credit cards without any new agreement signed in 2003/4 are all UE under s.51 (whatever) of the CCA. Sending out new Ts & Cs wasn't good enough in the eyes of the law. DJ Henrietta Manners has made that quiet clear albeit reluctantly. So why don't they just run up a white flag and admit it instead of hounding and bullying people using DCAs to do their dirty work

Even worse is the fact that M & S made the BBC add a sort of disclaimer to the bottom of the article reporting the legal case which said "M & S Money has no doubt that the introduction of the M & S credit card was carried out in accordance with the law " That's simply not true and M & S's deliberate attempt to mislead consumers in this way is shameful

http://www.bbc.co.uk/news/business-17670803

So anyone reading this post if you've got a credit card which was upgraded from a storecard (without a new agreement) there is every likelihood that it's unenforceable. This includes all G. E Money backed products (such as Debenhams) as well as M & S and of course (my favourite) Harrods

[what2donext]

Re: What2donext / UE Diary

Marks & Spencer Credit Card (Mrs)
Date Commenced - 5.5.98
Approx. Balance - £2834
Last Full Payment paid - 26.5.11
DMP Payment paid - 22.6.11 (no more payments being made)

07/07/11 CCA request sent
21/07/11 Received CCA but looks like its application form and terms and conditions, delivered by recorded delivery printed name not signed, will email cover letter and application/cca to Niddy
24/07 11 Niddy says presume it is
25/07/11 CCA Query terms and conditions received letter sent by recorded delivery
09/08/11 Received letter with further copy of same application form and terms in response to CCA Query terms and conditions letter stating "M&S Money believe that your agreement is legally enforceable"
03/09/11 Received letter re: arrangement on account, interest charges resumed must repay full arrears immediately, please call immediately, if we don't hear from you we'll send default notice etc
17/09/11 Receieved Default Notice which states "IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH ETC"
21/09/11 CCA Query Missing Prescribed Terms letter sent via recorded delivery
29/09/11 Received letter in response to CCA Query Missing Prescribed Terms letter with the same completed application form and what looks like an updated blank application form.
13/10/11 Recieved today - Statutory Arrears Notice x 2 one dated 01/8/11 the other dated 01/10/11
15/10/11 Received letter from M&S Pre Legal Recoveries - The collections and recoveries department at M&S Money has instucted me to contact you about your account.Due to the serious arrears which are outstanding , Iam planning to instuct our agents to visit your home address. However you still have an opportunity to prevent this. Please contact us etc etc.
17/10/11 Harrasment & Threat of Doorstep - Visit letter sent to M&S Pre legal Recoveries via recorded delivery
02/11/11 Received another letter from M&S Pre Legal Recoveries stating - Thank you for your recent correspondence. We would like to talk to you before we act on the contents of your letter and request you telephone us. It is vital that you telephone in response to this letter, as action to recover any outstanding payment will continue until we have spoken to you. Obviously, given the fact that you have contacted us, we would rather that this did not happen. I must advise you, However, that we are unable to enter into any further correspondence regarding the exact contents of your letter and this is why you must telephone us. We look forward to hearing from you within the next five working days.
03/11/11 Sent reply Niddy wrote via recorded delivery
18/11/11 Received another letter form M&S Pre Legal Recoveries - Thank you for your letter dated 16th October, we have responded to your previous correspondence via letter on 20th July, 8th Aug, 29th Sept. To prevent further recovery action we will require a payment towards your account and an up-to-date breakdown of your I & E. etc etc. You will receive reminder letters and telephone calls about arrears on your account etc. etc.
19/11/11 Received another letter from M&S Money in reply to letter Niddy wrote 03/11/11 will upload in update.
26/11/11 Received another letter from Pre Legal Recoveries uploaded in update
07/12/11 Received Statuatory Arrears Notice
07/12/11 Received FINAL DEMAND
08/12/11 Received letter posted below
30/12/11 Received letter from Moorcroft Debt Recovery see below
30/12/11 Sent Threat by Creditor - Threat-o-Gram Letter Before Action
06/01/12 Received letter from Moorcroft -We acknowledge receipt of your correspondence, please be assured that your account is now on hold whilst we investigate etc etc
17/02/12 Received a letter from Moorcroft regarding the above account - I write in response to your recent query in relation to the above accountand can confirm we have been in contact with M&S Financial Services and they have advised that they have provided documents under the Consumer Credit Agreement S77/78 and they do believe the agreement is enforceable and the balance is correct and due.I can therefore confirm I have placed the account on hold foe 2 weeks and request you make contact with our call centre to discuss a repayment proposal.Please be aware that if contact is not made within this time scale our follow up of this account will recomence.
14/03/12 Received a letter from Mooorcroft - IMPORTANT INFORMATION - POSSIBLE LITIGATION if you do not contact us following this letter we may have no alternative other than to recomment to our client that solicitors issue legal action against you .etc etc then a list of charges
14/03/12 Sent - Threat by Creditor - Enough is Enough Response
22/03/12 Received from Moorcroft today- Thank you for your recently received letter requesting a copy of the credit agreement .However,
under the Consumer Credit Act 1974 you must provide a £1 fee before the request can be actioned. etc etc
07/04/12 Received another letter from Morcroft- MONTHLY INSTALMENT OFFER -As we have not received any communication from you with regards to your outstanding account.In order to stop our recommending to our clients that solicitors commence legal proceedings we are prepared to accept payments of £120 per month. etc etc
19/04/12 Received a letter from Midas Credit Services - LITIGATION WARNING -We are part of the Moorcroft group and are aware that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd concerning the above account. We are now reviewing the account prior to the possible recommending of legal action by external solicitors acting on behalf of our clients Failure to contact Mooroft Debt Recovery Ltd by the 24/04/12 may result in the issue of legal proceedings without further notice etc etc.
20/04/12 Sent Threat by Creditor - To Commence Litigation Response
26/04/12 Received a letter from Moorcroft -Thank you for your recent letter requesting a copy of the credit agreement.However under the Consumer Credit Act 1974 you must provide a £1.00 fee before the request can be actioned, please make the fee payable to the above client.Consequently if you submit the prescribed payment we will gladly process your request.
11/05/12 Received a letter from Moorcroft Home Collections Division- Our records show that despite our previous letters you have failed to make any apyment to us and therfore your account has now been passed to our Home Collections Division for action.This may involve our local representative calling at your home etc etc .
11/05/12 Sent Harrasment & Threat of Doorstep - Visit letter to Moorcroft.
18/05/12 Received a rather long winded letter from Moorcroft
29/05/12 Sent - Final Response - UE (CCA Received) to Moorcroft
07/6/12 Received another letter from Moorcroft : Thank you for your recent letter requesting a copy of the credit agreement. However, under the Consumer Credit Act 1974 you must provide a £1.00 fee before the request can be actioned, please make the fee payable to the above client. Consequently if you submit the prescribed payment we will gladly process your request.
08/06/12 Sent a short letter reminding them that we have already sent CCA request to M&S.
12/06/12 Received a letter from Moorcroft - We acknowledge receipt of your further correspondence regarding the above account.
Firstly, we can confirm that our records do show that we responded in full confirming both our and our client's position in relation to this account onthe 16/05/12.Our records also show that a seperate response was sent to you by our CCA team on the31/05/12 requesting you provide a £1.00 statutory fee, made payable to our client, so that we could further assist you in your request.
However, following receipt of your further correspondence, it is clear that you do not wish to discuss this account further with us. Therefore we believe the most sensible course of action would be to return your account to our client so this matter can be resolved as efficiently as possible.
We would reiterate that your account is now closed on our system and you will receive no further contact from us in connection to this matter. We would now stress that any further recovery action would now rest with our client.

Good morning everyone received the above this morning, thats Mooroncroft seen off we will just wait and see which set of parasites M&S set on next.

[what2donext]

Re: What2donext / UE Diary

If you opened this account with M & S in 1998 it can't have been a credit card since that product wasn't launched until 2003 It must have been a storecard which was subsequently upgraded. At least the first one or two million of these are UE because M & S failed to get the borrower to sign a new agreement Was the CCA they sent you dated 1998 or 2003.

I was the Defendant in this case:

http://forums.all-about-debt.co.uk/s...ead.php?t=5257

Thanks Plan B
It was definitely a M&S storecard when we originally opened the account, all they sent us was a copy of the application form dated 1998 and terms and conditions
Cheers
What2do