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My experience, 3 yrs of Marks and Spencer

This is the first time I've posted on here, but i feel i have to let of steam about my experience with Marks and Spencer and the credit card i had with them. Its been almost 3 years and there is a light at the end of the tunnel ( i think) but it seem as if am fighting a faceless company.

Heres a summary of my experience:

January 2009: I called Marks and spencer about my credit card asking how much it would be to pay of the full balance. I got a figure of around £1900. After finishing the call i wrote a cheque for the amount and a letter asking for the account to be closed, then posted it. i Received a statement in February and march saying the balance on my account was £0.
However on the last day of march 2009 i received a Default notice from Marks and Spencer, demanding a payment of £0.00 (yes nothing, zilch not a penny). I called them and they said it was a mistake and the account had now been closed.

Moving on a bit, at the beginning of 2010 i applied for credit and was declined, this was a little odd as although I've had large debt before, it always been paid, not missing payments or late at all.
I obtained a copy of my credit report and it showed Marks and spencer had defaulted me, for £2500.

Annoyed and upset i wrote to M&S, saying i was unsure how this has happened as i had paid them. They replied saying that they £1900 i paid was a settlement amount (something i never asked for) this was equally odd as my credit limit was only £2000 and i wasn't over it.

The next year was a back and two asking M&S to remove the default and them saying they don't have too (quite often they ignored letters). They couldn't even explain the difference between my £1900 payment, my £2000 credit limit and the magical figure of £2500 showing as defaulted on my credit profile.
Eventually around may 2011 they wrote back saying they wouldn't look at this matter further and if i wanted to take further action i should go to the Financial Ombudsman.

So in june 2011 I wrote to the financial ombudsman with as much detail as i could. I received a letter back saying the process could take as much as 12 weeks. In September 2011 i received a call from a gentleman at the FO saying he was in charge of my case, and that he had written to M&S with a copy of the default notice (yep the one for £0.00) wanting an explination, and if i had any further questions or information to feel free to contact him.
Another month passed so i called the guy at the FO back, he said he had written to M&S three times now with no reply, and he had been promised by them that within a week they would reply. So, i waited.

Then, at the beginning of november 2011 i got the call i wanted. The gentleman at the FO called to say M&S had agreed that the Default was wrong and they were going to remove it, and they would also offer a financial settlement for the distress caused. I was overwhelmed by the news, finally i had won. I was never after money from them but only to clear my name.
The next day a letter from the FO arrived to confirm these details, i replied accepting this settlement, and received another reply from the FO saying M&S would be in contact to confirm everything and to make an offer within 28 days. I wrote to M&S that day with the details they wanted (proofs i had been refused)

So here i am now almost two months later (much more than the 28 days stated), checked my credit profile three times online with equifax over the last two weeks, and the default is still there. They haven't removed it, and M&S haven't even replied to my letter with the financial offer they promised.
ANNOYED doesn't even begin to explain it. coming unto 3 years since i paid the account, and still not sorted. Ive written a letter back to m&s and the FO today.

So I've done everything i can think of, even to the point where the Financial Ombudsman has been involved and reached a decision in my favour, but M&S still aren't fixing the problem.

My main question, what do i do now???

Comments

  • Get Jessica involved?
    Are you for real? - Glass Half Empty??
    :coffee:
  • Who is jessica, and what can she do that I haven't already tried?
  • Mikhail
    Mikhail Posts: 262 Forumite
    Part of the Furniture Photogenic Combo Breaker
    pghulme wrote: »
    Who is jessica, and what can she do that I haven't already tried?

    I think Jessica is a financial reporter from The Telegraph, if your story will get some attentions of the newspaper it might help to speed up the process.

    I've tried to close my m&s card 5 times, now it is finally closed.
  • pghulme wrote: »
    Who is jessica, and what can she do that I haven't already tried?
    It pretty much tells you on the link that I provided. Jessica Gorst-Williams of the Telegraph seems to be able to knock some sense in to financial institutions.
    Are you for real? - Glass Half Empty??
    :coffee:
  • wow that really scares me as i am not money savvy and technical words confuse and scare me.

    my mum had a m and s card so will ask her if it is all closed correctly.

    hope it all gets sorted.

    BK
    Sealed Pot Challenge 5 #1532
    DF March 2014:eek: but aiming for sooner.:A
    credit card free christmas 2012 #164 £1000/£5200 20% :j
    £10 a day dec £326/£310 :rudolf:
  • izools
    izools Posts: 7,513 Forumite
    1,000 Posts Combo Breaker
    OP have you contacted your case handler at the FOS about M&S still not actioning their promise?

    And yes you should also contact Jessica at the Telegraph.

    If I were in your position I'd also look at seeking legal counsel - most solicitors will offer a free 30-60 minutes in which time they should be able to tell you the likelihood of winning so you can make a choice whether to prosecute M&S for breach of Data Protection and Defamantion of Character.
    Cashback Earned ¦ Nectar Points £68 ¦ Natoinwide Select £62 ¦ Aqua Reward £100 ¦ Amex Platinum £48
  • Am contacting the FOS today, have also written to both M&s and FOS today. Needless to say the letter to m&s is a little bit threatening.
    I'll update this today with the outcome of the call to the FOS
  • izools
    izools Posts: 7,513 Forumite
    1,000 Posts Combo Breaker
    You should also raise a complaint with the ICO as M&S / HSBC are in breach of the Data Protection Act
    Cashback Earned ¦ Nectar Points £68 ¦ Natoinwide Select £62 ¦ Aqua Reward £100 ¦ Amex Platinum £48
  • I get how they have caused me distress, but how have they broken data protection act?
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