Unenforceability & Template Letters III

mojoparrot

never-in-doubt wrote: »

As above - just sit tight, nothing to panic over (yet)....

HI NID
Hope you are well, long time no speak!

My mum has received the following letter from M&S in response to sending out a personalised fraudulent agreement letter highlighting the following points:
My husbands date of birth is incorrect

This is a second copy of an application sent to me on my request to see a CCA, the first was for someone else but miraculously this one is filled in using the same handwriting with the same date of completion

Going on above point how is this possible when this alleged agreement was taken out approximately some 10 years prior to the last forgery you sent me as a store card?

I note that the alleged agreement also shows a tick in the “no” box that asks if I had a store card at the time that this document was supposed to be signed however that is incorrect.

The agreement states that it was completed in store at the Meadowhall Shopping Centre but I have never completed any application for a card at this site.

The start date of the agreement is incorrect.

My husbands name is spelled incorrectly.

My banking details show the incorrect branch.

The response letter states:

Our records show that your initial request for documents under section 78 etc... was received at m&s on 23/3/10 and the documents were posted to you on 26/3/10. I understand that the documents you recieved were for another customer. I can confirm that this breach of Data Protection was reported.
On 16/4/10 we posted a copy of the enclosed agreement to you with the account terms and conditions. I have requested a copy of all the documents that we are obliged to provide you with under Act and these will be posted under seperate cover.
When M &S introduced the &MORE credit card a letter was sent to you giving you the choice whether to accept the credit card or by using the freephone number provided opt out.
having accepted the new card it was posted to you, the enclosed correspondance included the varied terms and conditions of the account. As the credit card was accepted you acknowledged the T & C associated with it.
This process was recommended to us by the office of fair trading.
We have examined this agreement and account and are satisfied that we have a legally enforceable agreement with you. The agreement is evidenced by your use of the account and receipt of credit funds.

Enclosed with the letter is a copy of a sample letter from M&S regarding the changover from store card to credit card. It does not contain my mums details.

Do we respond?

Thanks as ever NID:T:T
Mojo

BeenieCat

Locke wrote: »

How many calls were you getting and did you use the templates off here?

Loads! I had like 200 calls in less than a week from both Barclaycard and CapQuest.

I sent this https://forums.moneysavingexpert.com/discussion/comment/31949881#Comment_31949881 but i hadn't actually sent a letter about it previously, so in their letter today they said "we are unable to locate a copy of your previous letter". Oops There wasn't one. :rotfl:

It's BLISS now, my phone hardly ever rings, although i still get the odd one from Lowells who've recently come on the scene... Need to get my paperwork back in order and make sure i'm up to date in sending stuff out.

BeenieCat

5corpio wrote: »

Thanks,

Whats IYSWIM?

Jen_Br

If you see what I mean

mojoparrot

never-in-doubt wrote: »

Argos = Unenforceable, send this: CCA Query

All they sent was a copy of an application - no prescribed terms or linkage to any either!

HI again NID
Thankyou for looking at the agreement for me.

Already sent out CCA query 5/5 as they did not respond to my CCA reminder letter. (followed the flow chart!)
Received this week from Moorcroft an 80% settlement offer letter, do I just wait and see.

Thanks
Mojo

mojoparrot

never-in-doubt wrote: »

Send this: Debtors Final Response - CCA Received

Hi again NID

Sent DFR letter to Halifax 5/5/10 and they have come back this week with a letter which seems to be referring to the volume of phone calls i have received not about the agreement itself. The letter does not refer to the agreement being unenforceable just that I havent paid it for 6 months. They say they will refer onto their DCA.
Do I just wait for their next move as I have sent DFR letter?
Thanks once more!
Mojo

thepedestrian

AIC (Arrogant , Ignorant....... cant think of anything for C ) rang again today and after the pleasantries quickly the conversation nosedived in silliness to wit ,she just kept repeating ( several times ! ) have you spent the money , have you spent the money , repeat , repeat - whilst I when I could get a word in responding " its unenforcable , its unenforcable , its unenforcable "

- surreal !

do they enjoy their work !?

mojoparrot

HI NID

One last general query, how long should you wait after not receiving the CCA and sending CCA request, CCA reminder, CCA query before you send out a final response no CCA letter?

Thanks

Mojo

jen_br

Michelle32 wrote: »

Im am saying that I had a visa card at this address but I moved the address for the CCA for my gold card is my old address also what about no surname

ah ok, again you can wait for niddy but from what I have learned (and hopefully its right lol)...

The address on your CCA should be your ORIGINAL address where you OPENED the card. as for the surname not too sure..

bTW whats the dates on this card was it opened online or after april 2007?

Michelle32

jen_br wrote: »

ah ok, again you can wait for niddy but from what I have learned (and hopefully its right lol)...

The address on your CCA should be your ORIGINAL address where you OPENED the card. as for the surname not too sure..

bTW whats the dates on this card was it opened online or after april 2007?

It was done in 2000 and its not an online application

jen_br

Okies, well if you have a scanner I would scan the CCA and have it ready..for Nid to check it over..