This ties in with a thread I have in the PPI forum regarding M&S. The OH and I have received a reconstituted application form and agreement from M&S for an old Personal Reserve account. It was opened in the mid 1990s. A lot of the information on the form is missing (despite M&S having the information on their computer systems).
The big issue however relates to the actual agreement with the terms and conditions. As I understand it a creditor can provide a reconstituted document using information from other sources. The document they've sent however refers to the complaints procedure: the OH can/could complain to either the GISC (for insurance matters) or the FOS (for other matters). The OH closed the account in early 2000. To my knowledge, neither the GISC nor FOS had responsibility until 2001 (in the case of the FOS it wasn't created until after the account was closed!)
Are creditors allowed to cobble together (for the purposes of a reconstituted agreement) an agreement that refers to bodies that did not exist at the time? Any advice would be useful on how to deal with this.
The big issue however relates to the actual agreement with the terms and conditions. As I understand it a creditor can provide a reconstituted document using information from other sources. The document they've sent however refers to the complaints procedure: the OH can/could complain to either the GISC (for insurance matters) or the FOS (for other matters). The OH closed the account in early 2000. To my knowledge, neither the GISC nor FOS had responsibility until 2001 (in the case of the FOS it wasn't created until after the account was closed!)
Are creditors allowed to cobble together (for the purposes of a reconstituted agreement) an agreement that refers to bodies that did not exist at the time? Any advice would be useful on how to deal with this.
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