Hello folks,

i have been reading the various posts regarding the M&S cards that were transferred without permission to a credit card with higher credit limit etc to get an answer, but i can't find what i need to know.

I have received a court claim form claimant Arrow Global regarding my old M&S a/c.

I have not seen a deed of assignment and up until a few months ago the account was still on my credit file as M&S in default,

then Arrow added themselves to my credit file for the same sum without me being informed,

so I had both.

Now M&S have disappeared and Arrow remain.

My original M&S chargecard was taken in approx 1994,

it was converted without any new terms, signature etc in approx 2003/4 I believe?

I had some issues paying due to a flooded business/bodgit builders and entered into an agreement to pay reduced monthly instalments, which eventually lowered to £5 per month.

Despite entering into a temporary agreement they defaulted the account,

which they said they had to do to allow the lowered payments. I

cannot remember when i last paid the instalments due to various stresses and disabilites, including a brain glitch that effects my memory, but I dont think I have paid for a couple of years (I am making enqs).

The claim is addressed to my christian name, but only the second half of my hyphenated surname, at an address i no longer live at, albeit I still have a connection there, which is how I received the claim form, but nothing prior to his?

Should I just do acknowledgement to defend,

request the original docs,

then put in defence that they do not have a signed agreement,

therefore there is nothing to claim?

Are Arrow able to claim the monies if I have not received an assignment?

Is anything enforceable?

Any comments much appreciated.

Many thanks in advance.

JQ

You will not see a deed if assignment, just a notice of assignment fyi.

Absolutely yes, go and acknowledge the claim

Tick defend all

Leave jurisdiction unticked

Send a CCA request to Arrow Global

Send a CPR 31:14 to the solicitors acting for Arrow.

Note the date you need to file a defence, 33 days from date of issue, the date on the claimform being day 1 of the count.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Please see the link above and do as instructed answering all questions before pasting back to thread

get the above link done before you do anything please

dx

Thank you both, as requested:

Name of the Claimant ? ARROW GLOBAL LIMITED

Date of issue – 28.04.17

Date to acknowledge) 17TH FOR ACK? - no 16th - dx

What is the claim for –

1.THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT BETWEEN THE DEFENDANT AND MARKS AND SPENCER FINANCIAL SERVICES PLC DATED ON OR ABOUT FEB 07 1994 AND ASSIGNED TO THE CLAIMANT ON FEB 18 2016.

AC NO XXXXX

DATE 03.03.17,

ITEM DEFAULT BALANCE,

VALUE £9163.23,

POST REFRL CR NIL.

What is the value of the claim? £9163.23 PLUS COURT FEE £410.00 PLUS COSTS £100.00

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account?*M&S CHARGE ARD TURNED CC

When did you enter into the original agreement before or after 2007? BEFORE

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.*ASSIGNED TO ARROW GLOBAL

Were you aware the account had been assigned – did you receive a Notice of Assignment?*NO

Did you receive a Default Notice from the original creditor?*POSSIBLY I CANT REMEMBER, I REMEMBER ASKING THEM NOT TO AS IT WOULD AFFECT CREDIT FILE, BUT THEY INSISTED THEY WOULD HAVE YO TO FACILITATE LOW PAYMENTS?

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?*NO

Why did you cease payments? BECAUSE I FORGOT ALL ABOUT IT, I HAD SO MUCH GOING ON THAT IT SLIPPED MY MIND, I HAD TO CHANGE SO & FORGOT, I HAD ANOTHER M&S LOAN ACCOUNT WITH APPROX £2K OUTSTANDING, ONE I PAID LONGER THAN THE OTHER, BUT I DONT REMEMBER WHICH

What was the date of your last payment? POSSIBLY 2 YEARS AGO, IM TRYING TO TRACK DOWN LAST PAYMENT

Was there a dispute with the original creditor that remains unresolved?*ONLY THAT I COULDNT AFFORD TO PAY, THEY CHASED ME RIGOROUSLY IN THE BEGINNING, THEN IT DIED OFF

Did you communicate any financial problems to the original creditor and make any attempt to enter into a* management plan?*LOW TOKEN PAYMENTS TO KEEP ACCOUNT GOING, THEN I CANT REMEMBER I WILL HAVE TO TRAWL THROUGH MY MEMORIES, BUT NOTHING OUTSIDE M&S?

I HOPE THIS EXPLAINS IT?

JQ

As post #2 please, acknowledge now.

Defence due by 30/5/2017

Thank you,

does it matter that they do not have the correct info,

shall I just ack with the details given rather than my full name

so I can do online without any issues?

Address wrong too?

Actually invalid issue as they know I do not live there,

but I don't want to muddy the waters if it will cause a problem?

Restons are the solicitors,

ideally I would prefer to email so I have an easily accessible record,

rather than my dizzy brain having to remember where I put the paperwork and when,

shall i ring and request email address?

JQ

NO you do NOT use email

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

.

ring or contact either.!!

what do you mean by wrong address? and they already knew correct one & who did?

Or should I point out that the address and name (second half of hyphenated only) are wrong and try to get it out of the court and then for them to see they have no enforceable agreement for credit card in the hope they wont reissue?

Court deadlines cause me such stress and my brain short circuits and leaves me as a blithering idiot unable to communicate, so I wonder if I could save myself that stress?

Any thoughts?

JQ

no stick with the tried and tested method please

so as post 8

The address is a previous address,

this was prior to my actual address which was flooded and I had to move several times,

I am not sure which address M&S had last but it wasnt the one they sent it to?

I havent had any contact wth Restons or Arrow, so they would have got my details from M&S?

the claimant will serve against the last verified address regarding the account and what the OC knew.

so doesn't look like an issue

but INSURE mcol has your correct address when you ack the claim

and ofcourse the CCA/CPR you will be sending sorts those two out as well

dx

Thank you DX, I will stick with the plan!

JQ

Hello,

please may I ask a question?

I have done ack online and sent off the CCA & Part 31,

how long should I wait before putting in my defence if I do not hear anything back?

JQ

It explains the time line in the link provided in post #4...you have 33 days from the date on the claim form (that date being day 1) 19 days to submit acknowledgment of service and then a further 14 days to submit your defence.

Tuesday the 30th May...but dont be waiting for any response..you wont get any...start looking at defences now.

Andy

Thank you Andy, I remember reading that now, apologies,

I have a brain glitch that affects my memory, I should have known to read it again with my dizzy brain. JQ

Look for a no paperwork/holding defence of which there are many on here and adapt it to counter the PoC from your claim form.

Make sure that the paragraphs correctly match each point in the claim and then post here for checking along with the PoC itself( saves us going looking for it to check)

Hi again folks, in a panic, just realised I didn't do defence & it has to be in today, so any comments much appreciated.

This is what is says in claim form

1. THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT BETWEEN THE DEFENDANT AND MARKS AND SPENCER FINANCIAL SERVICES PLC DATED ON OR ABOUT FEB 07 1994 AND ASSIGNED TO THE CLAIMANT ON FEB 18 2016.

AC NO XXXXX

DATE 03.03.17,

ITEM DEFAULT BALANCE,

VALUE £9163.23,

POST REFRL CR NIL.

My proposed DEFENCE adapted from another thread if it is deemed appropriate?

1. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county courticon Act 1984 s35 Division of causes of action.

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of theconsumer crediticon Act 1974.

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Apologies for the panic and thank you sincerely for any help available?

JQ

Some store card debtors may be let off - BBC News

http://www.bbc.co.uk/news/business-17670803

17 Apr 2012 - Santander v Mayhew [94.9kb] ... Image caption M&S is one of more than 20 store cards and store-branded credit cards currently on offer.

would this be of relevance as stated at the top store card changed to credit card??

Well they are not claiming for partial monies so your point 1 and Contrary to s35 of the county court Act 1984 s35 Division of causes of action is not applicable.

Particulars of claim

1. THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT BETWEEN THE DEFENDANT AND MARKS AND SPENCER FINANCIAL SERVICES PLC DATED ON OR ABOUT FEB 07 1994 AND ASSIGNED TO THE CLAIMANT ON FEB 18 2016.

AC NO XXXXX

DATE 03.03.17,

ITEM DEFAULT BALANCE,

VALUE £9163.23,

POST REFRL CR NIL.

####Defence #####

The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made

1. Paragraph 1 is accepted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement').However the original agreement signed in 1994 was for a M&S Charge Card (Store Card) and subsequently converted to a credit card around 2003/4 without my knowledge or agreement.I have therefore on receipt of this claim requested a copy of the superseding agreement by way of a section 78 request.The claimant has yet to comply and cannot possibly comply as there is no executed agreement in existence.

2.It is denied that I have ever received a Notice of Assignment pursuant to s.136 of The Law of Property Act 1925.

3. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence any cause of action and service of a Default Notice:

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

4. As per Civil Procedurei Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of The Consumer Credit Act 1974.

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Thank you, thank you, thank you, I'm off to find login details to submit defence, I have put it in a safe place.

My daughter has gone in to hospital & I have two small grandchildren I have been helping with, so my brain is more addled than usual!

Some store card debtors may be let off - BBC News

www.bbc.co.uk/news/business-17670803

17 Apr 2012 - Santander v Mayhew [94.9kb] ... Image caption M&S is one of more than 20 store cards and store-branded credit cards currently on offer.

 

 

would this be of relevance as stated at the top store card changed to credit card??

I am hoping so, fingers crossed & thank you for mentioning.

It is filed, fingers crossed & thank you for help in getting it in by today's deadline Andyorch. ��

Hi Folks

I have received a notice from the court acknowledging my defence and stating they have forwarded to the claimant/solicitor and they await a response. if nothing is heard within 28 days it will be stayed.

Doesn't this mean it will be held open permanently? Can it not be struck out or something? Albeit I am getting ahead of myself, but I do not like the idea of it being open indefinitely?

Also, if they do not repsond and it is stayed, what happens to the entry on my credit file?

JQ

Hi Folks

 

I have received a notice from the court acknowledging my defence and stating they have forwarded to the claimant/solicitor and they await a response. if nothing is heard within 28 days it will be stayed.

 

Doesn't this mean it will be held open permanently? Nothing is open..its a speculative claim until the claimant proceeds to allocation of the claimCan it not be struck out or something? No nothing to strike out ...not until its been allocated .Albeit I am getting ahead of myself, but I do not like the idea of it being open indefinitely? Not open..going nowhere.

 

Also, if they do not repsond and it is stayed, what happens to the entry on my credit file? It stays...CRAs are nothing to do with court claims

JQ

Andy

Thank you Andy, so if they cant prove the case, how do I get it removed from my credit file?

JQ