M&S store card turned credit card - what next?

[ODC]

Re: M&S store card turned credit card - what next?

I hope OTR are not going to claim credit

[mystery1]

Re: M&S store card turned credit card - what next?

Yes they didn't like the direct references but my subtle approach remains

http://www.consumeractiongroup.co.uk...=1#post4062634

[pt2537]

Re: M&S store card turned credit card - what next?

Looks like even debt purchasers get their fingers burnt on this card:

http://www.consumeractiongroup.co.uk...=1#post4195120

Looking good!

i do believe that we had some involvement there too if my memory serves me correctly

[Mr $quandaŁot]

Re: M&S store card turned credit card - what next?

Looks like even debt purchasers get their fingers burnt on this card:

http://www.consumeractiongroup.co.uk...=1#post4195120

Looking good!

[ODC]

Re: M&S store card turned credit card - what next?

Poor old M&S. They and people like the Leeds losers are being left with a shed load of debt thanks to their GREEEEEEEEED

[FlamingParrot]

Re: M&S store card turned credit card - what next?

Update: letter received from Rockwell today: "Dear Sir, We are writing to confirm that we are no longer instructed to deal with this matter therefore our files have now been closed.

EXCELLENT NEWS!!!
:cheer2::cheer2::cheer2:

Any future queries relating to this account should be directed to Marks & Spencer Financial Services on..."

Never thought they would give up so easily as all I did was to challenged them and sent them Santander vs. Mayhew judgement, asking them to study it thoroughly before sending me any further correspondence!

You can't go wrong with that strategy, can you? :grin: It obviously hit them where it hurts! Although the Mayhew judgment doesn't really set legal precedent per se, it would be hard to argue against it, when M&S did exactly the same, despite their comments to the contrary on the BBC news page dedicated to the judgment. This is what they are saying: :noidea:

Following the publication of this story, M&S Money said it had no doubt that the introduction the M&S credit card was carried out in accordance with the law. A spokeswoman said: "All customers that received the new M&S Credit Card were previously notified in writing of the changes to their terms and conditions. They also received a copy of these terms and conditions with their new card."

But this is just like any nordinary change of T&Cs, when they just write to you and tell you the T&Cs have changed and enclose a copy of the new terms, it's not quite the same as getting you to sign a new agreement for a new product. :nono:

Well keep up the good work.

The credit also belongs to the lovely lady who beat Satan's Den in the first place, as well as her legal team. :first:

Have a glass of wine...but just glass mind you

Surely this deserves a bit more than just the one glass... it's, by no means, the ultimate victory, but it's a step in the right direction and shows that telling them exactly where they went wrong, and using a judgment to back it up, does work!

We're having a drink for you!

[jon1965]

Re: M&S store card turned credit card - what next?

Well keep up the good work.
Have a glass of wine...but just glass mind you

[Mr $quandaŁot]

Re: M&S store card turned credit card - what next?

Update: letter received from Rockwell today: "Dear Sir, We are writing to confirm that we are no longer instructed to deal with this matter therefore our files have now been closed.

Any future queries relating to this account should be directed to Marks & Spencer Financial Services on..."

Never thought they would give up so easily as all I did was to challenged them and sent them Santander vs. Mayhew judgement, asking them to study it thoroughly before sending me any further correspondence!

[Mr $quandaŁot]

Re: M&S store card turned credit card - what next?

Thank you all for your help and assistance.

[ODC]

Re: M&S store card turned credit card - what next?

Having seen the form they sent, I wonder whether that constitutes a breach of debt collection guidelines, because they are not just asking for the usual I&E info but go as far as to ask for employers name, address and phone number, as well as car registration number and value and even the value of your house and the amount outstanding on the mortgage! That is way beyond what they'd need to know for the purpose of accepting a repayment proposal if one was put forward. The trouble is, many people would probably answer such questions because they don't know any better. Rockwell really are cheeky buggers! :mad2: :mad2:

They have no legal right to ask for this information let alone store it in a database. Just who TF do these mongrels think they are. Of course you could mix up your registration number with that of the the local constabulary or maybe that of a local Rolls Royce owner

[MIKE770]

Re: M&S store card turned credit card - what next?

send copy to regulators a must!

[FlamingParrot]

Re: M&S store card turned credit card - what next?

Having seen the form they sent, I wonder whether that constitutes a breach of debt collection guidelines, because they are not just asking for the usual I&E info but go as far as to ask for employers name, address and phone number, as well as car registration number and value and even the value of your house and the amount outstanding on the mortgage! That is way beyond what they'd need to know for the purpose of accepting a repayment proposal if one was put forward. The trouble is, many people would probably answer such questions because they don't know any better. Rockwell really are cheeky buggers! :mad2: :mad2:

[FlamingParrot]

Re: M&S store card turned credit card - what next?

Letter received from Rockwell today:

"...in view of your comments, we referred to our client for further information. They have now confirmed to us that you did previously raise concerns regarding this matter and this was addressed by their complaints department. They also confirmed that you were advised in November that the account is enforceable. We would much prefer to arrange for an amicable settlement of this matter..."

They are asking for a full alleged amount within the next thirty days or a 'firm and realistic repayment proposals', as well as asking to fill a financial statement.

Do they think that I was born yesterday?

A lot of people act as if they were! :grin: Of course they'd say the account is enforceable, they wouldn't want 2.6 million cardholders to find out their accounts are not enforceable, would they?

Implications for M&S Santander's defeat could affect food and clothes retailer Marks & Spencer.

"I think this might be a common scenario where borrowers have had a store card changed to a credit card without the parties entering into a new (modifying) agreement”

Its card business, which is a wholly owned subsidiary of HSBC bank, had instigated a wholesale conversion of 2.6 million of its store cards to credit cards in September 2003.By October that year, the OFT had taken a dim view of this as well.

Marks & Spencer, like GE Capital, had been telling its store-cardholders that their cards would be upgraded to credit cards automatically.

M&S was forced to step back, and to make clear to customers that if they wanted to keep their store card, they could simply ignore the new bit of plastic that had fallen, uninvited, through their letter box.

On the specific point at issue in Diana Mayhew's case, M&S declined to say whether it had supplied all its cardholders with updated terms and conditions at the time of the upgrade.

How many of these upgraded cards are still in circulation?

This goes back to 2003 ---> http://news.bbc.co.uk/1/hi/business/3174580.stm

Marks and Spencer argued it was not breaking credit laws barring the issue of credit cards to consumers that had not requested them, as store card customers already had a credit agreement with the company.

Inertia selling of credit can have damaging consequences for consumers

But the OFT said Marks and Spencer did not have the right to change one type of card into another in this way.

[jon1965]

Re: M&S store card turned credit card - what next?

Do they think that I was born yesterday?

maybe the day before yesterday

[Mr $quandaŁot]

Re: M&S store card turned credit card - what next?

Letter received from Rockwell today:

"...in view of your comments, we referred to our client for further information. They have now confirmed to us that you did previously raise concerns regarding this matter and this was addressed by their complaints department. They also confirmed that you were advised in November that the account is enforceable. We would much prefer to arrange for an amicable settlement of this matter..."

They are asking for a full alleged amount within the next thirty days or a 'firm and realistic repayment proposals', as well as asking to fill a financial statement.

Do they think that I was born yesterday?