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

[Mr $quandaŁot]

To sum it up, I signed up with M&S store card in a store back in 1998 with a Ł500 credit limit. It was later upgraded to a mastercard with no new credit agreement. I defaulted last summer and subsequently made a CCA request. As in most cases, I received a largely illegible application form for their store card.

The last payment was made in May last year. The balance is now over Ł10k. A default notice was sent in September, followed by a final demand. It was then chased by their in-house Pre Legal Recoveries who eventually sent a nasty letter, threatening with a charging order, CCJ and court bailiffs. A well-known consumer lawyer assisted me with writing a reply, quoting Santander vs. Mayhew case etc. This was in November and that was the very last time that Pre Legal Recoveries rang me. I never answered their security questions but tried to keep the call going on in order to waste their time.

Now, all I have received ever since is a final reply M&S Bank, saying that their 'normal collection activity' will continue, another default notice followed by another final demand.

However, there hasn't been any collection activity (apart from the second default notice and final demand) so I'm just wondering what is going to happen next? Is it a wisful thinking that they might just have left it or am I going to receive a letter from Northampton at some point?

Any ideas?

[ODC]

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

If they are so sure its enforceable I wonder why they sold mine around all the usual suspects and didnt try enforcing it through the Courts

[Mr $quandaŁot]

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

Received the attached letter from M&S Bank today.

They are trying very hard, indeed, but obviously are not able say anything to make the alleged account enforceable.

Interestingly, they mention OFT. I thought OFT was rather miffed about the way how M&S upgraded store cards to master cards?

Should I reply to them or just do what I said last time I would do i.e. just file their letter? Any advice, please?

[FlamingParrot]

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

There seem to be a lot of M&A (Mergers & Acquisitions) going on in the debt purchasing and collection industry. In many cases, companies are not fully merged for some time, it takes a while to consolidate functions and activities.

Regardless who owns the account, it's unlikely they will go to court with a storecard turned credit card after what happened to Santander in terms of co$t$ :wof: :wof: :wof: Even though the Mayhew case doesn't set legal precedent as such, it should be enough to keep creditors away from the MCOL website.

Should anyone be foolish enough to issue a claim, we have PT2537 :yo: on board, who was involved in the Mayhew case. :grin: Should the Leeds Losers issue one of their SDs dated 3 weeks earlier as is customary, we have Cel :yo: who has an excellent track record of beating the Losers to a pulp :whoo:

To top it all up, we also have Mayhew herself on board, :yo: both Di Mayhew and PT have been very helpful when it came to dealing with M&S and any threat monkeys appointed by them! :bounce: :bounce: :bounce:

[charitynjw]

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

Just discovered that Frederickscum are now part of the Leeds Losers Empire. What is the bloody point

Smoke & mirrors - they are hoping to confuddle us!

[ODC]

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

After chasing me for over a year the Leeds Losers have decided to shift my alleged M&S StorecardturnedCreditCard debt over to Frederickscum International. Now if the mighty Leeds Losers didnt think it worthwhile going to court What hope to Frederickscum and their pet solicitor Bryan Carter have

Just discovered that Frederickscum are now part of the Leeds Losers Empire. What is the bloody point

[Mr $quandaŁot]

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

Sent the following letter to the Ba$tard$ a few weeks ago, in response to one of their fob off template letters:

Dear Sir / Madam

Account No/Reference No: xxxx xxxx xxxx xxxx

Thank you for your letter dated 6 June 2013.

I refer you to my previous correspondence, particularly the letter sent to your Pre Legal Recoveries team on 13 November 2012 which clearly states my position.

Turning to the issues at hand, the documents provided in reply to my section 78(1) Consumer Credit Act request do not discharge the burden placed upon you. I should not need to point out to an experienced financial institution the errors within the documentation.

I have also been referred to a case which you will no doubt be aware of called Santander v Diana Mayhew (2012) whereby an agreement identical to the one underpinning this agreement was found to be unenforceable. The Mayhew judgment is available on the BBC website, and also on BAILII, which you will no doubt be aware of.

The agreement that was signed does not contain the prescribed terms required by schedule 6 of the Consumer Credit Agreements Regulations 1983 and this is evident from the signed application that you have provided to me. Since such an agreement would be unenforceable per the long line of Court of Appeal and House of Lords authorities and should you seek to take legal action I will instruct solicitors to defend such vigorously and place reliance upon the Mayhew ruling along with other such authorities.

Furthermore you have now admitted that no consumer credit agreement was signed for the alleged mastercard account. I am attaching some documentation, outlining that a new credit agreement would have been required as a storecard and mastercard are completely different products. Your letter will be shown to the Judge in case of litigation.

As we are clearly going around in circles I have decided to cease all communication with you. Further letters from you will be filed but not replied to.

Should you instruct a third party to deal with the matter, they will be told that that the alleged account is in serious dispute and I will not discuss the matter with them.

Should you decide to sell the alleged debt, the buyer will be informed that the alleged account was sold whilst in serious dispute.

Any court claim will be vigorously defended.



Yours faithfully



Mr $quandaŁot


Haven't heard from them. Looks like the alleged account is no longer with Rockwell.

[ODC]

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

After chasing me for over a year the Leeds Losers have decided to shift my alleged M&S StorecardturnedCreditCard debt over to Frederickscum International. Now if the mighty Leeds Losers didnt think it worthwhile going to court What hope to Frederickscum and their pet solicitor Bryan Carter have

[FlamingParrot]

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

Out of the blue received the following letter from Rockwell this morning:

"We write regarding the above mentioned account.

We regret the delay in responding to your previous correspondence, however in view of your comments referred this matter to our client. Your account was held from further contact whilst this was ongoing however it appears a letter may have been sent to you in error on 20 March 2013. If you have received thi correspondence, please disregard it. We offer our apologies for any confusion this may have caused you.

So now they are saying it was an 'error' to say they were no longer instructed? Sounds like M&S didn't want to deal with the matter either and told Rockwell to get back in there.

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!

I would just refer them to your previous letter saying nothing has changed since then, you never signed an agreement for a credit card, therefore M&S couldn't possibly have one, therefore there is no way this could be enforceable as they claim! :nono:

[Mr $quandaŁot]

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

Out of the blue received the following letter from Rockwell this morning:

"We write regarding the above mentioned account.

We regret the delay in responding to your previous correspondence, however in view of your comments referred this matter to our client. Your account was held from further contact whilst this was ongoing however it appears a letter may have been sent to you in error on 20 March 2013. If you have received thi correspondence, please disregard it. We offer our apologies for any confusion this may have caused you.

Whilst we note the contents of your letter dated 23 February 2013, we consider that the agreement for this credit card is enforceable as advised in our clients final response letter dated 23 November 2012. A copy of this is enclosed for your reference. Should you disagree with the contents of this letter, please provide us with full details so that we may investigate further.

We shall be grateful, therefore, if you will provide us with repayment of the outstanding sum of Ł10k++ within the next thirty days. If you are unable to afford full repayment at this time please provide us with your firm and realistic repayment proposals together with details of your income, expenditure, assets and liabilities. Please find enclosed a financial statement for you to complete and return to us within the above mentioned thirty day period."

The silly form asking my employers's details (well currently not employed), my car registration number etc. I think a complaint to OFT could be due?

Any advice what to respond as I'm not going around the circles with Rockwell?

[FlamingParrot]

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

I've just seen this, having been away for a while, well done! :clap2: :clap2: :clap2:

While I can see their point of not allowing "commercial links or recommendations", acting for the consumer means informing us of relevant developments, such as relevant judgments in favour of the debtor, and you can't have a judgment without the names of the parties involved, how could you?

Posting an edited version of a judgment with some details removed as they did when Mayhew won in court a year ago, is no different from creditors supplying a made-up recon, when it comes to legal matters, accuracy is key.

I know of another debtor with an M&S storecard turned credit card, who has followed a different route when communicating with M&S and their appointed DCAs, and has had a lot more hassle than Mr $quandaŁot, who has taken a more direct approach, thanks to valuable input straight from the parties involved in the Mayhew case, :first: which has made all the difference. :yo:

There's hardly any point in dancing around the houses when you can go straight to the source, :grin: the good thing about this site is that we can do exactly that! :dance:

[jon1965]

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

DX100uk and the want to be soldier Brigadier .

[Mr $quandaŁot]

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

Big Ed Plan B lol

Of course they will claim credit, they always do, especially two plonkers who are "my good friends"

Who are you referring to Jon?

[jon1965]

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

Big Ed Plan B lol

Of course they will claim credit, they always do, especially two plonkers who are "my good friends"

[PlanB]

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

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

In which case I probably did too in an indirect way :wink: