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  1. Name of the Claimant ? Arrow Global Limited Date of issue – 15/09/2016 What is the claim for – 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 Jan 27 2005 and assigned to the Claimant on Feb 12 2013 PARTICULARS a/c no - xxxx xxxx xxxx xxxx DATE ITEM VALUE 29/01/2016 Default Balance 6000.00 Post Refrl Cr NIL TOTAL 6000.00 What is the value of the claim? £6600 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card 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. Account assigned to Arrow Global who issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so Did you receive a Default Notice from the original creditor? I do not know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Received an Annual Statement in 2016. Not ever received a Notice of Default sums Why did you cease payments? Ran out of money so stopped Debt Management Plan What was the date of your last payment? June 2014 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I was in a debt management plan from 2008 to 2014 I submitted a CCA request earlier this year, when Arrow transferred the account to Restons, and received the following back : '&More' Credit Card Application form - dated January 2005 (see attachments) Credit Card Agreement - dated October 2013 Credit Card Agreement Terms - dated May 2015 Statement of Transactions - October 2012 to November 2012 I have acknowledged service and said I would like to defend all. I will send a CPR31.14 to Restons. Is there anything else I need to do prior to preparing a defence ? JAN2005 S78Page1.pdf JAN2005 S78Page2.pdf
  2. 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
  3. Hi all, newbie here. Firstly, sorry this is a bit long, but I could do with some advice. I've used all your excellent advice to start a claim with M&S for mis-sold PPI. I took out a store card with them back in 1998, which was changed to a credit card in 2003 when they stopped offering store cards. Store card customers were pre-approved. I took out the store card in store at the sales counter with just the normal sales person there, and I took out the PPI on the card at the same time. I chose to do this deliberately. I wasn't given any advice about whether this was appropriate for me by the staff member, and to be honest, it wouldn't have occurred to me to ask whether the insurance was even suitable for me. I was 28 with three kids under 5 and rushed off my feet! When I took out the policy I wasn't working as I was at home with three small children. M&S send out a policy review every year, but this year was the first year I actually checked it - I've never done it before because I didn't realise I needed to as far as PPI was concerned, and to be honest, they send these out in an envelope that looks like it's just marketing materials rather than actually anything important, while I don't remember looking closely at one of these "statements" before, often I expect I've just chucked them out unopened. My statements all say that there is important information enclosed on the envelope so I always keep and open them, but not the other stuff. I assumed, naively and stupidly apparently, that because I'd taken the insurance out, it would therefore have been suitable for my needs. It just didn't occur to me that it wouldn't - after all, every other insurance I'd dealt with at that point, car, house, etc, was fit for purpose. But anyway, the annual review certificate I got this year says on the front "employment status - not working". When I checked the policy details, it said that if I was working less than 16 hours a week, I wouldn't be covered. So all this time, I've not actually been covered. If I'd been asked whether I was working at the time of taking out the card, I would have told them I wasn't. I've never thought to check since about whether I was mis-sold as I assumed that because I'd taken it out myself I wouldn't have a claim, but a friend advised me to look at the mis-selling criteria and I'm sure I have a case. I wrote to M&S back in July explaining that I thought I'd been mis-sold because the policy clearly wasn't suitable for me as it wouldn't have paid out if I'd made a claim, and although I'd chosen to take it out, no attempt had been made to explain it to me, and it was made clear that taking out the insurance would help my application. I had no reason to doubt the sales-person's honesty or integrity - this was 1997, after all, way before any sort of scandal about mis-selling, and at the height of the consumer credit boom. So, fast forward to today, when I phone M&S after getting 4 texts from them on Friday telling me to contact them urgently. I spoke to a nice man who said that there was a letter on the way, but he would tell me what the letter said. They've rejected my complaint because they said I ticked the boxes on the forms, which I did, (and which I told them I did, I've always said that I chose to take it out), that their staff member wouldn't have given me financial advice when I took the store card out (which surely they should have done if they were selling me a financial product?), that I also took out the PPI when they changed my store card to a credit card, and that in the years since I have had ample opportunity to check the terms and conditions of the insurance. I have obviously had the opportunity to do so, and that I didn't is my own fault, but I really had no reason to suspect I needed to. As far as I was concerned I was paying my premiums every month and I was covered if anything happened. They also say that the terms and conditions were on both the credit agreements and that therefore I knew what I was agreeing to and that any error is mine and nothing to do with them.They're sending me copies of the original agreements, but apart from the commission part, which they're paying me for, they've refused my claim. There were periods in the last 20 years where I was working more than 16 hours a week, but it wasn't for more than about 5 years in total, but at the time I took out the insurance I wasn't working, and at the time the card was changed over I wasn't either. Part of me feels like an enormous idiot for not checking the terms and conditions sooner, but honestly, it just didn't occur to me that I would have been mis-sold something so long ago, or that I could even have a claim, because I made a choice to be responsible and to take out the insurance myself. I just left it to run and run in the background because once it was there I didn't feel that I needed to check it again. And I feel that they rely on you doing that, but to then use it against me to refuse my claim just makes me angry. I've also sent them an SAR asking for copies of all the agreements and the terms and conditions that would have been in place at the time, along with copies of missing statements so I can plug it all into a spreadsheet and work out what I think they owe me. However, while I strongly feel that I was mis-sold this PPI, am I actually right? I don't want to accept this from them, I feel I'm at least due my premiums back for a policy I couldn't have claimed on, regardless of anything else. But am I right to fight this (it feels to me like they're just trying it on, to be honest, to see if I'll give in if they're nasty enough) with M&S? I'm happy to take it all the way, if necessary, as this has become more about the principle now than the money, so it's off to the Ombudsman if I don't get any joy from M&S, but am I just kidding myself here that I've got any way of winning this? I am stubborn and angry and quite prepared to make a fuss about this, but I just need to know if I actually have a leg to stand on before putting all the effort in - I'm not well and don't have much energy to spare so I like to make sure it's worth expending before I start.... I'd appreciate any help or advice anyone has, this is all a bit of a minefield! Thanks in advance
  4. Hello. Can anybody help me? This is my first post on here. On December 2nd I transferred a balance of £460 from another card (Clydesdale) onto my M&S credit card, taking advantage of a 0% offer; I have had the M&S card for a few years now. A few days later I received a letter from them informing me that the balance transfer had been completed. I thought this strange as I'd never received one of these before when transferring earlier balances to the card. Anyway, the £460 hasn't reached the Clydesdale card account yet but shows up on my M&S statement - in writing at least it looks like I now owe two lots of £460 to two creditors! I called Clydesdale. They weren't very friendly and said it was M&S's problem. M&S customer service centre (0845 900 0900, probably abroad) first informed me that they would have to put me through to the balance transfer dispute centre in Chester (UK). Then the man said that he **wasn't authorised to**. He logged my dispute and told me that "someone will contact you by phone". He was unable to give me a time or a date. Unsatisfied with this response, I phoned back an hour later. This time the lady on the phone said she had **no means of putting me through to the resolution centre** but someone would contact me; she again was unable to give even an approximate date or time. She also said that I **may** be contacted by letter. During the numerous calls to M&S, the Clydesdale credit card number has been checked every time; the one they have on file is correct and matches my card. During the last call, the lady asked for the Sort Code and Account Number on my Clydesdale statement - I wasn't asked this when I did the original balance transfer by phone. She added it to my notes. 7 days later and the £460 is still showing on both my M&S AND Clydesdale accounts. Very anxious, losing sleep and all that. Any advice anyone? Even about the technicalities of the balance transfer process in general and what happens if things go wrong and where liabilities lie? And what happens if M&S simply refuse to give the money back? Or what happens if M&S have done everything right and it's Clydesdale who are at fault yet refuse to refund me also? Cheers Nat
  5. Hello there! I got cought for shoplifting at M&S, they called the police,arrested me and I finally got a caution notice ( my first one) from the police, didn't asked me for any fee though. I admitted to the police that I tried to steal from M&S. The total cost of the items I tried to get was around 80pounds. The thing is that some days later I received a letter from drydensfairfax solicitors that I have to pay to their client(M&S) the total amount of 85 pounds.because they suffered from a loss!!! I'm thinking not to pay anything to them, but on the other hand I am not aware of any legal issues. Have read many threads in here also. So, people, do you think that I should just ignore them? Can I have any consequences? Cheers!
  6. hi, i have had an M&S card with outstanding balance since I stopped paying back about 6 years and I have been unable to pay it back due to ongoing financial difficulties. I ahve been contacted by DCAs one after the other and lately a company called Credit Security has been on my nerves with threatning letters/calls. Due to this debt, I have got bad credit rating for a while now. I had once sent a CCA request to M&S and they sent me the agreement. I then sent them a SAR in return to which they sent me a form to sign which I never did. I am now thinking to somehow get this debt off my shoulder but although I have work I am still struggling with my finances every month and go overdraft often. I am thinking to borrow a small amount off my family/friends and get the DCA/M&S to agree on a full and final figure to settle the debt but I do not want to speak to the DCA on phone as they sound like thugs. I need some guidance on how to approach this and how much to offer etc. my total debt on the card is £5000+. Many thanks
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