Cca Requests Updates Please

rog2

MS_Dolphin wrote: »

FINALLY, M&S Money have replied to my CCA & SAR requests.

They've sent:

A copy of my signed application form - all looks ok.
Also sent a 5 page T&C document. The last section on the first page is headed 'Data Policy' and the first sentence says, "If you have taken out a credit card with us from 31st May 2005..."

The only problem with this is that I took out the card before this date

They've also sent another document headed 'M&S Credit Card - Important Information' (6 pages this time).

This one is more T&C's, dated 07/08. It does though contain a section headed 'If you took out your card before 31st May 2005"

To me it sounds promising, but the thoughts of others would be appreciated.

Thanks,

MS D

Still doesn't sound like the "true copy of the executed consumer credit agreement" that they are legally obliged to provide in order to continue 'enforcing the agreement', MS.

MS_Dolphin

rog2 wrote: »

Still doesn't sound like the "true copy of the executed consumer credit agreement" that they are legally obliged to provide in order to continue 'enforcing the agreement', MS.

Thanks Rog2,

My thoughts exactly.

I think the claim will continue. That makes 7 from 7. I know its going to be a long haul and realistically the results are still likely to be varied but I'm going to take it all the way with all 7 cases.

On a wider note, it really does show what a shambles the system is and how inept the banks are.

I'll keep posting upddates on all cases.

MS D

MS_Dolphin

Barclaycard now.

I've just had this interesting letter from them.

It is addressed as coming from Barclaycard (Dept BPS) but has Mercers' phone number listed hmmm:


Dear Mr XXX

Our records show that your account is still past due. As we are commitited to working with you, we would like to help you to clear your arrears and reduce your balance by offering you the following opportunity:

Make a payment of £275 and we will credit your account with £138.

To take advantage of this offer, please call us on the dedicated free phone number quoted above. Your payment must reach us by....

Yours sincerely,

XX XXX
Collections Manager

You should be aware that in taking advantage of this payment option you are not entering into a legally binding contract with us. We are granting you a concession and we fully reserve our rights under our credit agreement with you. We are entitled to end the arrangement at any time by giving you written notice. If we end the agreement we shall expect you to meet your obligations in full under the terms of the credit agreement.

This is a new one on me. Has anyone else had anything similar? Is it their first attempt at settlement, or just another part of the game?
Any thoughts greatly appreciated.

Thanks,

MS D

rog2

MS_Dolphin wrote: »

This is a new one on me. Has anyone else had anything similar? Is it their first attempt at settlement, or just another part of the game?

It is, unfortunately, 'par for the course' with Barclaycard/Mercers, MS. It is not a sign that they are 'softening' - note how they try to cover themselves by stating that this is 'not a legally binding agreement - it is a concession' - Barclaycard/Mercers rarely make 'concessions' and certainly not if they 'know' they are in the right.

In my opinion it is little more than a standard tactic to divert your attention away from the fact that they are in default and have no right to 'enforce the agreement'.

If you wish to consider a 'F&F' offer it would be best if the first move came from yourself.

MS_Dolphin

rog2 wrote: »

It is, unfortunately, 'par for the course' with Barclaycard/Mercers, MS. It is not a sign that they are 'softening' - note how they try to cover themselves by stating that this is 'not a legally binding agreement - it is a concession' - Barclaycard/Mercers rarely make 'concessions' and certainly not if they 'know' they are in the right.

In my opinion it is little more than a standard tactic to divert your attention away from the fact that they are in default and have no right to 'enforce the agreement'.

If you wish to consider a 'F&F' offer it would be best if the first move came from yourself.

Thanks again,

I share the same view. I do see it as a positive sign though as its further correspondance without any hint of an agreement showing up.

Whilst all cases have a point where it is worth settling - at least imho - because of the nuisance value and the certainty of closure, I'm nowhere near that point with Barclaycard as I feel I have a really strong case with them.

cocker100

MS_Dolphin wrote: »

Barclaycard now.

I've just had this interesting letter from them.

It is addressed as coming from Barclaycard (Dept BPS) but has Mercers' phone number listed hmmm:


Dear Mr XXX

Our records show that your account is still past due. As we are commitited to working with you, we would like to help you to clear your arrears and reduce your balance by offering you the following opportunity:

Make a payment of £275 and we will credit your account with £138.

To take advantage of this offer, please call us on the dedicated free phone number quoted above. Your payment must reach us by....

Yours sincerely,

XX XXX
Collections Manager

You should be aware that in taking advantage of this payment option you are not entering into a legally binding contract with us. We are granting you a concession and we fully reserve our rights under our credit agreement with you. We are entitled to end the arrangement at any time by giving you written notice. If we end the agreement we shall expect you to meet your obligations in full under the terms of the credit agreement.

This is a new one on me. Has anyone else had anything similar? Is it their first attempt at settlement, or just another part of the game?
Any thoughts greatly appreciated.

Thanks,

MS D

Hiya,

This is nothing new from Barclaycard/Mercers.

I also received a very similar offer when my account first started running into trouble, before my DMP started. It has nothing to do with the CCA request, it is more likely a last ditch attempt to get your account back up to date before it is defaulted. I have never CCA'd Barclaycard (yet;)) and I got a very similarly worded letter!

I never took them up on their offer and they continued to harrass and bully through Mercers for a while until my DMP was up and running. They eventually accepted my DMP and things have been fine with them ever since, so no need for the CCA request yet!:cool:

Cocker:)

blueforyou

stapeley wrote: »

Got yet another letter back from crap quest . They say they have fulfilled the obligations, under the ACT , by sending me a signed APPLICATION FORM . It clearly states application form and not CONSUMER CREDIT AGREEMENT FORM . They say no further communications will take place and that the account is in the hands of their recovery department . So I will wait and see what happens next . But after over 16 months and several letters asking for a true signed copy of any Agreement , non has been supplied .

My post No 3429 refers... (again)

MissKJ

I am on a DMP. Only awkward ones are nasty west. I was thinking I should wait until accounts are passed to DCA's before I request CCA's. Thought maybe they would have even less chance of producing them than original creditors? Or should I go for it now? Most have been quite decent, I am paying very little to them. How long does it take to be passed to DCA's? Have been in this limbo since November when we went on DMP. I just want to get cracking to get accounts in dispute and have them removed from credit file, and be able to make F&F's offers at some point.

blueforyou

Can someone supply me with the name/contact details of the Alliance & Leicester/MBNA compliance officer? I've had enough of these rank amateurs.

pebbles88

MissKJ wrote: »

I am on a DMP. Only awkward ones are nasty west. I was thinking I should wait until accounts are passed to DCA's before I request CCA's. Thought maybe they would have even less chance of producing them than original creditors? Or should I go for it now? Most have been quite decent, I am paying very little to them. How long does it take to be passed to DCA's? Have been in this limbo since November when we went on DMP. I just want to get cracking to get accounts in dispute and have them removed from credit file, and be able to make F&F's offers at some point.

TBH NW they are horrific, well in my case they have been... hopefully if you already on a DMP they may be ok-ish. i know CCCS dont agree with CCAing companies... but dont know if they change anything if you do?

all my fingers crossed for you though :D:D