Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

jqinfo

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    276

  • Joined

  • Last visited

 Content Type 

Everything posted by jqinfo

  1. jqinfo
    Thank you both, I will try to relax until I hear something.
  2. jqinfo
    Thank you DX, that sounds like a plan, but are they likely to reinstate the court case? �� Thank you Andy, I looked at the link, it looks promising, but it was dated 2012, are there any newer M&S decisions do you know? However, if they do go back to court should I respond by pointing out they have not complied with the section 78? I suppose it's best not to think/worry about it until I hear from the court & stop stressing unnecessarily! JQ
  3. jqinfo
    Thank you DX. Is it not statute barred if default was Oct 2011? There's no assignment doc? The original signed doc was for the charge card, not for the credit card, this was switched by M&S without me signing any contract? I've read so many different things I don't know what to think?
  4. jqinfo
    UPDATE Over a year later, yesterday I received a letter from Arrow Dear xxx Arrow Global Limited Account xxx Assigned by M&S a/c no xxx In response to a request for a statement under section77 of the Consumer Credit Act 1974 we enclose: 1. Copy of agreement 2. Statement of account 3. Default notice 4. Default terms and conditions 5. Opening terms and conditions Please now provide your proposal for repayment of your debt. Failure to do so will result in continuation of collection activity, which in this case may include litigation. This account is currently being operated on our behalf by Restons. We will deal with this document request only and all other enquiries should be directed to them. Tel no below to make attangements to pay your account 0800xxx Opening hours xx Correspondence address Arrow Global, PO Box 5469, Manchester, M61 0LW Footer To note 1. Is my original agreement for storecard in 1994 2. Is from Sept 2009 to Sept 2015, nothing from 1994 onwards 3. This is dated 06/10/11 4. These are not from the original contract 5. I believe these are those on the back page of the original 1994 contract? Any comments welcomed? Jq docs1.pdf
  5. jqinfo
    Thank you folks, I will ring the court and see what they say and do nothing if it is not being taken further. With regard to being unenforceable via the updated/changed charge card etc, if it no longer belongs to M&S does that mean I cannot take that stand and say it is not a debt they should have assigned if it was accrued in the way it was? Have they done this to others as a tactic to avoid the unenforceability (if it is the case) of debts?
  6. jqinfo
    Hi folks, sorry for delay, been overwhelmed. I have not received info requested from Arrow, albeit they are asking for payment. As far as I can tell the court is stayed, they haven't applied to reinstate, at least I haven't heard anything, fingers crossed, but how do I proceed from here? Do I just leave it? How long will default be on my credit file, 6 yrs from M&S applying it, or Arrow? If Arrow cannot substantiate the debt, does that mean it is unenforceable and I should investigate that area further? Any thoughts gratefully received.
  7. jqinfo
    But M&S have removed their default and Arrow have applied it in their name? I did not default with Arrow? JQ
  8. jqinfo
    Even if the default occurred with M&S, not Arrow? Clutching at straws now! Lol!
  9. jqinfo
  10. jqinfo
    So does that mean that even if the contract is one of these swapped cards which may be unenforceable because you have no proper contract they can keep it there? If there is no contract, or it is null and void, or whatever happens to it, still they get to keep their default despite it not being a valid contract? JQ
  11. jqinfo
    Thank you Andy, so if they cant prove the case, how do I get it removed from my credit file? JQ
  12. jqinfo
    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
  13. jqinfo
    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! 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. ��
  14. jqinfo
    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
  15. jqinfo
    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
  16. jqinfo
    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
  17. jqinfo
    Thank you DX, I will stick with the plan! JQ
  18. jqinfo
    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?
  19. jqinfo
    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
  20. jqinfo
    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
  21. jqinfo
    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
  22. jqinfo
    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
  23. jqinfo
    Thank you for your input Andy, much appreciated.
  24. jqinfo
    Thank you Andy, I have looked at that Claims which may be started using Possession Claims Online 5.1 A claim may be started online if – (1) it is brought under Section I of Part 55; (2) it includes a possession claim for residential property by – (a) a landlord against a tenant, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or (b) a mortgagee against a mortgagor, solely on the ground of default in the payment of sums due under a mortgage, relating to land within the district of a specified court; (3) it does not include a claim for any other remedy except for payment of arrears of rent or money due under a mortgage, interest and costs; (3A) the claimant has an address for service in the United Kingdom; (4) the defendant has an address for service in England and Wales; and (5) the claimant is able to provide a postcode for the property. If the defendant's address is not the one they would to think, or is out of jurisdiction, does it then revert to the CPR 6 to decide? Also, if the dismissal of my application as "joined in occupier" is dismissed due to not having a valid POA and I do not need a POA for that particular application, is this an error on the part of the Court, a procedural error, for which I can seek it to rectify? ?
  25. jqinfo
    I was wondering if this is why the possession order states "money claim adjourned generally" perhaps the process was different in 2009?

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...