M & S Personal Reserve Account

[ReFresh]

Re: M & S Personal Reserve Account

OK, thank you.

[ReFresh]

Re: M & S Personal Reserve Account

I have subsequently sent M&S a SAR (Including a £10 postal order). Today, I had a reply saying:

"Thank you for requesting information in accordance with the Data Protection Act 1998.

To enable us to process your request, please complete and sign the enclosed form and return it in the prepaid envelope provided. Once I receive the acceptable information, I will process your request within 40 days.

If I don't hear from you within 14 days of the date of this letter, I'll assume that you no longer require this information."

Is this right? I've spent all this time not giving anyone my signature and all of a sudden they are sending me a form wanting my address (which they already have) and my signature.

Any suggestions on how to proceed will be greatly appreciated.

ReFresh

[ReFresh]

Re: M & S Personal Reserve Account

By the way. I rang M&S before sending the SAR letter and they said that the Personal Reserve Account is covered under the CCA 1974. I am being constantly hassled by Moorcroft (telephone calls and post), who had washed their hands of this debt and then have been re-assigned it from Arrow Global - even though both companies had received the two CCA letters and should not be telephoning me! The incessant phone calls are by robot, saying I need to ring them back - I haven't.

[Kati]

Re: M & S Personal Reserve Account

you could always use an anti-tamper strip (scan the letter and add it to the form before printing)?

[ReFresh]

Re: M & S Personal Reserve Account

Dear Kati

Thank you for your response.

They say in the letter " Once I receive the acceptable information, I will process your request within 40 days."

So, I'm guessing they will not do anything until they have the information that they want (the correct signature, in the correct format). Is that anti-tamper box acceptable?

Thank you
ReFresh

[Diana M]

Re: M & S Personal Reserve Account

I am being constantly hassled by Moorcroft (telephone calls and post), who had washed their hands of this debt and then have been re-assigned it from Arrow Global - even though both companies had received the two CCA letters and should not be telephoning me

Moorcroft are a Debt Recovery Agency not a debt purchaser. Arrow have probably asked them to collect the debt since Arrow outsources debt collection to its 'partners'.

Write to Moorcroft and tell them you will only deal with them by correspondence and ask them to cease phone calls.

However they do have the right to write to you.

Di

[Kati]

Re: M & S Personal Reserve Account

Dear Kati

Thank you for your response.

They say in the letter " Once I receive the acceptable information, I will process your request within 40 days."

So, I'm guessing they will not do anything until they have the information that they want (the correct signature, in the correct format). Is that anti-tamper box acceptable?

Thank you
ReFresh

I can't see them not accepting it ... you're still signing the letter xx

[ReFresh]

Re: M & S Personal Reserve Account

Thank you Diane.

After we had sent Moorcroft the second CCA letter, they sent a letter saying:

"We acknowledge receipt of your recent correspondence and would confirm that this account is now closed on our system and we are no longer directly assisting our client with this account.. The control of the account has been returned to our client and we would ask that you refer all future correspondence directly to them."

Within two months the same person wrote saying:

"We have been asked by Arrow Global Limited to take over the administration and collection of your account".

Arrow Global insists that the Personal Reserve Account is an overdraft and not covered by the CCA 1974 and therefore they do not need to send us any agreement. M&S say that it is covered by the CCA.

While I acknowledge that I had a debt with M&S (and they have subsequently sold it), if Arrow Global are trying to get money without the correct paperwork and even trying to get it by apparent "false means", I don't see why I should pay them. Basically, If Arrow Global had the paperwork, they would have sent it.

I am also worried that if M&S did not give all the paperwork to Arrow Global and are now trying to get my signature so that Arrow Global have a legitimate claim, it puts me at a huge disadvantage.

Also, my signature has changed a bit since that time. Do I send my signature of today, or the signature I had then?

Kind regards
ReFresh

[Diana M]

Re: M & S Personal Reserve Account

I think you're overthinking.

M & S simply want to be sure that you are who you say you are before they send out your personal financial data. They would be in trouble with the ICO if they sent it to the wrong person.

Have you moved address since you last did business with M & S?

What is the "acceptable information" you've been adsked for? It's typically a driving licence or passport and a copy of a utility bill or bank statement to prove your address.

If they've already got your address then I see no reason for you to provide it again but I also see no harm.

Personally I feel an anti-tamper strip is provocative. They probably think you're planning a PPI reclaim since that's the main reason they get SAR enquiries. Why make them think otherwise?

If you're bothered about signing your letter then use your signature but put a line through it too.

You don't have to fill in any forms since they are obliged to respond to your (already) written request within 40 days of receiving it. You may like to remind them of that deadline - politely of course

Di

[ReFresh]

Re: M & S Personal Reserve Account

Thank you Diane.

Yes, I probably am overthinking!

No, I haven't moved address, but the postcode has changed slightly. They used the old postcode in their letter to me (the last letter is different). They have not asked for anything other than an address and signature - and since they have written to me, they know my address!

They say, "In accordance with the Data Protection Act 1998, please provide a full subject access for the above account number."

Then it asks for name, address, signature and date.

ReFresh

[Diana M]

Re: M & S Personal Reserve Account

I haven't moved address, but the postcode has changed slightly. They used the old postcode in their letter to me (the last letter is different).

That's probably what's triggered it

Di

[ReFresh]

Hi

I have since had a response from M&S regarding the SAR. All they have sent me is the name and numbers of my accounts, which were on my SAR request anyway and say that they do not have PPI. They kept my £10.

What should I do now?

Thank you
ReFresh

[Amethyst]

That all they've sent? No agreements, transaction lists, default info, screen notes etc ?

[ReFresh]

Hi Amethyst

Thank you for your response. No they haven't sent anything else.
ReFresh

[Amethyst]

Hmm okay, well, you could make a complaint to the ICO that M&S have not complied with your SAR, or you could take it as a sign that M&S don't actually have any records and therefore wouldn't be supplying Arrow/Moorcroft with the Credit Agreement. Personally I think I'd go back to M&S and say ' ummm don't think this covers it ' - see what they come back with - just in case it's a 'forgot to put in the envelope' scenario.... then if still nothing, tell Arrow that you don't expect to hear from them or their agents against until such time as they have evidence to prove their claim. Thinking you don't really want M&S to be forced by the ICO to go digging in the archives, find the agreement and then send it on to Arrow.

You've stopped making payments already I believe, but only just so a long time to go until it would be statute barred, so if they do give up due to lack of paperwork from M&S it is unlikely you'll stop being chased for it entirely.