M&S credit card, CCA request and copy of card application form.

Ian-S_3

About three months ago my wife did a CCA reqest on M&S. She has just received a photocopy of the credit card application form and what appear to be generic terms and conditions. The point that we need advice on please is the application form, because she didn't complete the form (it was completed by a staff member in the shop) but the signatutre on the form is clearly hers. However, the box that is designed to be signed by M&S is blank, although the box does have a date stamped in it. But there is definitely no signature.

Is the "agreement" enforceable?

I have asked M&S to write the debt off - this is because they gave my wife a card when she didn't have a job, and in fact she still doesn't have a job and hasn't worked since before the card was issued to her. She is now disabled. M&S have asked for medical evidence and a detailed financial statement. I intend to point them in the direction of my wife's doctor. As far as the financial statement is concerned, can they insist on knowing all our income and outgoings? I am the breadwinner and pay all the household bills. I am not a party to the debt with M&S so isn't my income etc private, and of no concern to M&S?

All advice and comments gratefully received. Thank you.

floss2

Bumpity bump!

davek1

Ian

My understanding is that the CCA needs to be signed by both parties. Although take advice from RAS and others who are better informed than I.

As far as a breakdown of Income and Expenditure is concerned you are not responsible for your wife's debt and M&S have no right to demand information relating to your income. i would do an income and expenditure based solely on yur wife and not include your income etc at all. I'm guessing this will show a negative balance!! In order for M&S to get info from your doctor they will need a signed agreemet from your wife before the doc will tell them anything.

Hope this helps.

Broken_hearted

M&S won't write the debt off just because your wife doesn't work, also she gave the details and signed for the card so she needs to pay the money.
On the plus side M&S have been great with us negotiating lower payments and stopping interest.

RAS

Here is weller711's post on this.

hi

A true executed CCA has to have the following information in it:

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)
PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE
CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

**What do we mean by unenforceable?
In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.
Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?
When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.
When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

The Prescribed Terms are these

A Amount of credit
A term stating the amount of credit

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-
(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement
D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

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Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
• The money can only be used for the purpose it is given.
• There is no interest on the purchase (the cash price is the same as the total price)
• And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B apply

For a Hire Agreement

B is Applicable

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.
Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.