Marks & Spencer created a financial association on a non-joint application
Comments
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YorkshireBoy wrote: »So there's your reason for getting the association removed by M&S then. You make a formal complaint citing this.
Obviously your girlfriend may then get a CIFAS marker for 'application fraud', because in making the application she confirmed she had your permission to enter your details and create the association...when she didn't!
That would seem unfair because the credit supplier should have obtained signatures for both parties, especially if the box was just one of many requiring ticking which people might not fully read. Fraud would imply supplying incorrect details such as a false name or other false details.0 -
You were actually. She (and you) chose not to read the documents she (and you) were presented with during the application. Of course she said she had, but she hadn't.Well this is where it gets interesting. At no point were we aware it would impact on credit rating, never mind becoming a financial association.
I'm a little confused though. Earlier you speculated that she must have included your details (ie you didn't know), whereas now you say "we weren't aware"...indicating you were present when the application was made. Which is it?
But this is nothing new. M&S have been doing this for years, and the documents she should have read at the time are still on their website (I've just checked).0 -
Application fraud: Material falsehoodThat would seem unfair because the credit supplier should have obtained signatures for both parties, especially if the box was just one of many requiring ticking which people might not fully read. Fraud would imply supplying incorrect details such as a false name or other false details.
Including someone else's information, including salary, without their permission, in order to increase chances of acceptance/decent limit. They may class that as deception to gain a pecuniary advantage?0 -
Their T&Cs state
"If you make a joint application for a current account or credit, an
association linking your financial records with those the other
joint applicant(s) will be created by credit reference agencies. "
We did not make a joint application.0 -
I am furious. How can they do this? How can an application which isn't joint create a permanent association?
Then add a notice of correction to the credit file against the account.
Hard to believe that your g/f would have applied for a second card in your name without your knowledge. As would serve no purpose. I doubt you've anything substantive to evidence otherwise. So the FOS would rule on probability and the fact that card issuer has been totally clear as to what was involved.0 -
The question on the application form online says"Would you like your partner to be an additional cardholder?
If yes, please complete their details below."
I pressed "no" and entered no details and I was allowed to proceed.
It is also possible to press no whilst still completing partner details.
So perhaps she misread, press no, and completed my details.
From their T&CsWhere a joint personal application is made a new financial
association will be created and registered with the credit reference
agency, if this does not already exist.
We didn't make a joint application.If you apply for a product or service with another person and
they are not present you are declaring that you are entitled to
disclose information about your fellow applicant and you authorise
us to search, associate and/or record information at credit reference
agencies about you and your fellow applicant.
We didn't do this either.0 -
Does it say anywhere in the M&S T&Cs that if you request a secondary card for your partner this will create a financial association? It certainly doesn't say it on the screen where they invite you to apply for such a secondary card (I just put in a dummy application as far as that screen). Of course it should have it on that screen in big red letters, but it doesn't.
Further: as someone above pointed out - here is the wording from their T&Cs:
If you make a joint application for a current account or credit, an
association linking your financial records with those the other
joint applicant(s) will be created by credit reference agencies
With regard to credit CARDS the statement is criminally ambiguous.
What the hell is the rule here? Is there even a rule (silly question)?0 -
YorkshireBoy wrote: »Application fraud: Material falsehood
Including someone else's information, including salary, without their permission, in order to increase chances of acceptance/decent limit. They may class that as deception to gain a pecuniary advantage?
How would someone know for certain the salary of a third party?0 -
Further: as someone above pointed out - here is the wording from their T&Cs:
If you make a joint application for a current account or credit, an
association linking your financial records with those the other
joint applicant(s) will be created by credit reference agencies
With regard to credit CARDS the statement is criminally ambiguous.
What the hell is the rule here? Is there even a rule (silly question)?
That appears to be part of M&S Bank's general T&Cs, which have been appended to their specific credit card T&Cs.
It's not possible to make a joint credit card application. I assume to word credit in the quote you mention refers to an overdraft or loan.
The T&Cs also contain this:Your responsibilities- Before you provide any Personal Data or Tax Information about a Connected Person to any member of the HSBC Group, you must first tell them about, and obtain their agreement to, their information being used, transferred and disclosed as set out above. You must also tell them that they can access and correct their information.
GLOSSARY
“Connected Person” means any natural person or legal entity (other than you) whose information (including Personal Data or Tax Information) you provide, or which is provided on your behalf, to any member of the HSBC Group...
Also, on the application page:Checking your details expanded
When we check your details with a credit reference agency, a search/enquiry is registered to say that you've applied for credit today. As part of our checks, we link your name with individuals associated with you financially, and any previous names you've provided.0 -
It is reasonable for the financial institution to create an association between an applicant and the person named by the applicant as an additional card holder on the account.
After all, if approved, the additional card holder would be spending money that the primary cardholder would be liable for.
If that's not a legitimate financial link then I don't know what is.
So - your GF entered your details in the application - why, if there was no intention to include you as a cardholder?
The blame for the association rests with your GF (in asking for credit and naming you as one of the recipients of a card for her account) and not with the financial institution.0
This discussion has been closed.
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