M & S Personal Reserve Account

[ReFresh]

Hi Amethyst

Thank you for your response.

Would this letter be ok to send to M&S?


Ref: Personal Reserve Account

Subject Access Request - S.7 Data Protection Act 1998

Thank you for your letter in reply to my Subject Access Request – S.7 Data Protection Act 1998.

I was surprised that the information I requested regarding my Personal Reserve Account only informed me of my name and the account number – both of which I had given you with my request.

If you don’t hold any further information on this account, please could you state that.

I look forward to hearing from you.

Yours sincerely,


Thank you
ReFresh

[ReFresh]

Hi Amethyst

Thank you for your response. I'm sorry if this has come out twice, but an administration error keeps popping up, so I'm not sure if it went on the site.

Would this letter be ok to send to M&S?


Ref: Personal Reserve Account

Subject Access Request - S.7 Data Protection Act 1998

Thank you for your letter in reply to my Subject Access Request – S.7 Data Protection Act 1998.

I was surprised that the information I requested regarding my Personal Reserve Account only informed me of my name and the account number – both of which I had given you with my request.

If you don’t hold any further information on this account, please could you state that.

I look forward to hearing from you.

Yours sincerely,


Thank you
ReFresh

[Amethyst]

That sounds perfect

[ReFresh]

I have subsequently had a response and apology from Marks and Spencer for not sending all the information in the first instance. They have sent me the credit agreement, which is badly copied and difficult to read. But, right at the top left of the paper in bigger letters it says Credit Agreement regulated by the Consumer Credit Act 1974. So, that mystery is put to bed. If anyone would like me to put the agreement on the site, please let me know.

This brings up two issue.

1. If we can get this information, can a debt collection agency also get it?
2. If a debt collection agency has this information and the debt has been sold a few times from the original lender, what happens? They have not been assigned it. Can we ask them about that? While we acknowledge that we have a debt with the original lender, it does not mean that we owe the purchaser(s) of the debt the money. What happens then?

Any help will be gratefully appreciated.

Kind regards
ReFresh

[Amethyst]

Took their time, yes please a copy of the PErsonal Reserve agreement would be great, suitably redacted of your personal info of course. I'm afraid that it states Regulated by the CCA doesn't really clear it up fully, as an overdraft is also CCA requlated... so really need to try dig down into the terms - or does it say the type of agreement at the top ( eg fixed sum loan agreement regulated by the CCA 1974 )( it won't be that as its got a drawdwon facility but basically is there any title at the top ? )

And yes if M&S could locate it it is likely they could pass it on to the current owner of the debt if they request it.... and they will need to show the full chain of assignment from M&S to ABC Debt purchaser to Arrow .... unless M&S sold it direct to Arrow and it's just been round the houses of Debt collection companies like Moorcroft ( instructed by Arrow or M&S ) where Arrow will only have to evidence assignment to them.

Tagging in Diana M to have a look once your agreement is up

[Diana M]

They have sent me the credit agreement, which is badly copied and difficult to read. But, right at the top left of the paper in bigger letters it says Credit Agreement regulated by the Consumer Credit Act 1974. So, that mystery is put to bed. If anyone would like me to put the agreement on the site, please let me know.

This brings up two issue.

1. If we can get this information, can a debt collection agency also get it?
2. If a debt collection agency has this information and the debt has been sold a few times from the original lender, what happens? They have not been assigned it. Can we ask them about that? While we acknowledge that we have a debt with the original lender, it does not mean that we owe the purchaser(s) of the debt the money. What happens then?

What is the current situation with Arrow?

Have you heard anything from them since September last year, because this is all that matters right now?

As I understand from this thread, Arrow weren't even attempting to get the agreement believing that they didn't or wouldn't need to comply with your s 77-79 CCA Request. Good.

The SAR is between you and M&S only.

Debt purchasers do not have the automatic right to see what documents and information the original creditos have in their files. That may depend on the conditions included in the Deeds. Sometimes the debt purchaser is prohibited from seeking certain information after a period of time or limited to a certain number of requests or none at all etc.

Even if the credit agreement is 100% 'enforceable' that doesn't mean you have no Defence if a claim were to be issued. This one appears to have potential assignment issues as well as other possibilities.

I would let sleeping dogs lie until you hear from Arrow or their DCA/representative again.

Di

[ReFresh]

M&S Personal Reserve Account Terms and Conditions.

[ReFresh]

Dear Amethyst & Diana

Thank you for your feedback.

It just says Personal Reserve at the top.

Then below it reads:

Credit Agreement Regulated by the Consumer Credit Act 1974.
The Creditor under the M&S Personal Reserve Agreement is M&S Financial Services Ltd, Kings Meadow.

I lumped two problems together. Yes you are right, I haven't heard from Arrow for a time, but I wanted to understand what could happen.

Because a similar situation has occurred regarding a Tesco account. I went to the Financial Ombudsman in 2016 - they were absolutely useless. They stated that they had asked the debt collector (Moorcroft} if they had bought the debt. The debt collector said no - they were acting on Tesco's behalf. Tesco's on the other hand told me that they had nothing to do with the debt anymore. When I asked the Ombudsman if they could get anything in writing to back this up I didn't hear from the Ombudsman again.

The debt then got passed (sold?) on three times very quickly after I asked for the Credit Agreement. The latest purchaser of the debt (Lowell) have now sent the original credit agreement from Tesco, but not anything that states that they have been assigned the debt, but at least they have acknowledged that they have bought it.

The information the new debt purchaser sent was from 2004, then nothing until 2016, then nothing until now. I believe that they have either gone back to Tesco or, more than likely have gone back through the previous three purchasers of the debt to find the agreement, but it is very sketchy. They have also sent me a Tesco headed letter addressed to me on their own paper!

This all came to light because Moorcroft asked me in early 2016 if I wanted a two month holiday from the debt. I said yes and the next I heard it had been moved elsewhere as they said that I wasn't paying.

I'm sorry to lump the two together, but I thought this could end up being the scenario for the M&S account too.

Kind regards
ReFresh

[ReFresh]

[IMG]file:///C:/Users/Desktop/AppData/Local/Temp/msohtmlclip1/01/clip_image002.jpg[/IMG]M&S Personal Reserve Account

[ReFresh]

Diana M


Following on from my previous post, do you have any idea how I should respond to Lowell? If they have sent the Credit Agreement, but not any paperwork to say it was assigned to them, can I ask for that? How should I proceed?

Kind regards
ReFresh

[ReFresh]

Please see the attached letters. The letter from Tesco appears to be on Lowell paper as Lowell's reference number is on the side of the page as highlighted. The Tesco letter also came in the same envelope as a letter from Lowell's introducing themselves. Is this normal?

I sent them the first letter regarding a copy of the CCA on the 22nd January and had their response on 28th February and the letter to say that they had fulfilled their obligations was dated 1st March. The second letter, which is now irrelevant was due to be posted this week.

What should I do now?

Any suggestion on how to deal with this would be gratefully received.

Kind regards
ReFresh