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It is now over three years since I last made a payment on my alleged M&S store to credit card. Let's see what happened next.
I made a CCA request. All I received was an application form for an M&S store card, along with some largely illegible terms and conditions.
To start with, M&S (HSBC) kept on ringing me like crazy, up to four times a day. I had some fun with them, however. I never answered their security questions but intentionally kept them on the phone for as long as possible.
M&S started sending letters. They got more and more aggressive, especially once their in-house Pre Legal Recoveries got involved. PLR threatened with court bailiffs, attachment of earnings, charging orders etc. A strong letter written by our Paul got them fairly quiet, though.
I received a default notice twice. It looks like the default was registered in January/February 2013 so unfortunately there's still three and a half years to go before it drops off.
M&S got likes of Rockwell involved who gave up rather easily once I sent them a couple of Mayhew referenced template letters, highlighting the infamous Santander vs Mayhew case.
Occasionally M&S still sent an odd letter, arguing 'the agreement' being enforceable. At some point they admitted that there 'was no separate agreement for the credit card' but that the alleged 'account was varied as could be done from time to time', making the 'agreement' enforceable. They then went on and said that they were 'not looking to write of the debt' and were looking for me to honour my alleged debt. I once again Mayhewed them a couple of times but they simply said that I was sending them the same information I had sent them before!
Last December M&S sold the alleged account to First Credit. I then received a few texts and calls (always missed) from First Credit, followed by a couple of letters. I always replied them in order to build a paper trail so that Paul could easily defend this case should there be a need.
I last heard from First Credit a few months ago, saying that they were still waiting for the credit agreement from M&S.
Calm before the store - maybe but so far this journey hasn't been that bad at all.
Contrary to a popular belief, DCAs are not be feared. There's very little they can actually do, apart from ask you to pay and send empty threats.
In November 2012 Pre Legal Recoveries were going to send court bailiffs. I'm still waiting
I made a CCA request. All I received was an application form for an M&S store card, along with some largely illegible terms and conditions.
To start with, M&S (HSBC) kept on ringing me like crazy, up to four times a day. I had some fun with them, however. I never answered their security questions but intentionally kept them on the phone for as long as possible.
M&S started sending letters. They got more and more aggressive, especially once their in-house Pre Legal Recoveries got involved. PLR threatened with court bailiffs, attachment of earnings, charging orders etc. A strong letter written by our Paul got them fairly quiet, though.
I received a default notice twice. It looks like the default was registered in January/February 2013 so unfortunately there's still three and a half years to go before it drops off.
M&S got likes of Rockwell involved who gave up rather easily once I sent them a couple of Mayhew referenced template letters, highlighting the infamous Santander vs Mayhew case.
Occasionally M&S still sent an odd letter, arguing 'the agreement' being enforceable. At some point they admitted that there 'was no separate agreement for the credit card' but that the alleged 'account was varied as could be done from time to time', making the 'agreement' enforceable. They then went on and said that they were 'not looking to write of the debt' and were looking for me to honour my alleged debt. I once again Mayhewed them a couple of times but they simply said that I was sending them the same information I had sent them before!
Last December M&S sold the alleged account to First Credit. I then received a few texts and calls (always missed) from First Credit, followed by a couple of letters. I always replied them in order to build a paper trail so that Paul could easily defend this case should there be a need.
I last heard from First Credit a few months ago, saying that they were still waiting for the credit agreement from M&S.
Calm before the store - maybe but so far this journey hasn't been that bad at all.
Contrary to a popular belief, DCAs are not be feared. There's very little they can actually do, apart from ask you to pay and send empty threats.
In November 2012 Pre Legal Recoveries were going to send court bailiffs. I'm still waiting
