Landy_alert v M&S Money ***WON***

[landy_alert]

Hi everyone:)

 

I was just wondering what the success rate was like for getting charges refunded by M&S Money?

 

This is for a credit card which has no outstanding balance and hasn't in fact been used for a couple of years. I sent a prelim request which was refused and followed it up with an LBA. They responded saying they would investigate and respond in 10 days (about a week after my LBA deadline). There is still about a week to go for their deadline.

 

I assumed they would pay out, but at the moment are proving less of a pushover than MBNA:eek:

 

Has anyone had any success at all please?

 

Many thanks!

 

Regards,

 

Landy x

[landy_alert]

Just giving this a gentle bump;)

[IdaInFife]

it's not related to the charges reclaim but mands have discontinued with a few court cases in Scotland at the moment and settling in the caggers favour

 

they seem to want to go all they way and don't have the 'jingles bells' to do it

 

ida x

[landy_alert]

Hi Ida:)

 

Many thanks for your input - it shows that M&S will hopefully cave-in before too long!

 

Regards,

 

Landy x

[landy_alert]

Hi everyone:)

 

Just a quick update -

 

Well I gave M&S the benefit of the doubt - yes, 'bad move' I hear the massed voices of Caggers cry............

 

My deadline passed on the 29th July, but they had said they would respond by 6th August.

 

Guess what came in the post today?

 

Was it -

 

a) A fat cheque for Mr L's charges plus contractual interest

 

or b) Another 'we haven't quite finished our investigations, but will get back to you very soon' type fob off?

 

Yep, you've guessed it:-x

 

So now I suppose I'll have to take the bull by the horns and file at court - anyone got a spare £65 please? (only kidding!)

 

As I haven't actually had to do this yet, is MCOL ok to use?

 

Many thanks as always!

 

Regards,

 

Landy x

Edited August 6, 2009 by landy_alert
Missed a bit!

[rizel23]

why the rush? I would give them even more time, 14 days maybe, except with my reply i would send a photocopy of the application to the court with all details filled out and the date +14 days to hurry them along a little

[landy_alert]

why the rush? I would give them even more time, 14 days maybe, except with my reply i would send a photocopy of the application to the court with all details filled out and the date +14 days to hurry them along a little

 

Hi rizel23:)

 

Sorry to be dim, but I don't quite get what you mean here - are you suggesting I actually file at court or merely fill out the form and send a copy to M&S having not actually filed my claim:confused:

 

Thanks for your help!

 

Regards,

 

Landy x

[landy_alert]

Hi everyone:)

 

A further update on this -

 

Without Prejudice letter received today from M&S Money. They are offering a goodwill gesture which amounts to around 35% of our claim. They say this represents a 100% reduction of the charges paid inc contractual interest (although they have quoted the CI as being 1% less than I did).

 

They say they cannot refund the other charges we claimed as these were court fees - approximately £250 of which were applied to the account either on the date they credited our payment clearing the balance or 2 weeks after we had paid it.

 

Although we knew that Mr L was in arrears with repayments on this card prior to paying off the full balance, M&S had at no time indicated that any court action was pending - all we have in our records are letters of 'outstanding balance due, please contact us' etc.

 

We do have his SAR wad of info, so I will go through this again to see if there is any mention of proceedings issued against him or anything similar.

 

In fact they didn't actually credit our payment to the account until nearly three weeks after it was paid, despite the fact that it was a building society cheque sent via recorded delivery.

 

They haven't sent a cheque, but have included an acceptance form which says we accept the goodwill gesture as Full and Final settlement.

 

I have no intention of doing this, but would appreciate some further advice if possible please:)

 

Regards,

 

Landy x

Edited August 8, 2009 by landy_alert
Missed a bit!

[IdaInFife]

YOUR Street

Town

City

Postcode

 

 

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of Full and Final settlement.

 

I shall be commencing court action on XX/XX/XX for the full amount claimed.

 

I also reject the further conditions of acceptance that you have attached to this offer, namely (describe the offensive parts here!)

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name

[landy_alert]

YOUR Street

 

Town

City

Postcode

 

 

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of Full and Final settlement.

 

I shall be commencing court action on XX/XX/XX for the full amount claimed.

 

I also reject the further conditions of acceptance that you have attached to this offer, namely (describe the offensive parts here!)

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name

 

Hi Ida:)

 

Many thanks for that!

 

Did you see the post by rizel23 above and how would you interpret it?

 

Regards,

 

Landy x

[IdaInFife]

yes,

 

me personally would stick to your timescale, although i know you have gave a bit more because of their date.

no point in taking a photo of the court papers, to me that would look weak.

 

I shall be commencing court action on XX/XX/XX for the full amount claimed.

 

 

date that 10 days from sending it and file on that day

 

ida x

[landy_alert]

Thank you ida, your input is most appreciated:D

 

I will do as you suggest and keep you posted.

 

Regards,

 

Landy x

[landy_alert]

Hi all:)

 

I've just had a more thorough scan of M&S Money's letter and not only is their offer pretty cr*p, but they said if we accept they will credit the amount to the account - which as far as we are aware is closed and for which we haven't had a card for about 2 years:? I think that falls into the category of 'offensive parts' in ida's letter!

 

Words fail me with these idiots - it's almost enough to put me off M&S food, but not quite!

 

Regards,

 

Landy x

Edited August 8, 2009 by landy_alert
Added something!

[IdaInFife]

just make sure you include that any payment is to be made by cheque to your home address

 

ida x

[landy_alert]

just make sure you include that any payment is to be made by cheque to your home address

 

ida x

 

Hi ida:)

 

Yes, I've done that - it's all printed and ready to go recorded delivery tomorrow:D

 

Thanks again for your assistance.

 

Regards,

 

Landy x

[landy_alert]

Hi everyone:)

 

Just updating this thread -

 

M&S have said that some of the charges we are reclaiming relate to County Court fees and that these cannot be refunded. We had no notification of a court case - Mr L did have some arrears on this account prior to paying off the full balance last year, but although he had several payment reminders, none stated that he was being taken to court and he certainly didn't receive any court papers.

 

Having gone through his SAR there is a mention of 'passing to litigation' and 'sent to HSBC for legal action' 4 months before we repaid the balance, but no copies of any Default Notices or court papers etc.

 

Further research shows that some of these 'Court fees' were applied about three weeks after we repaid the balance. This was paid by Building Society cheque (sent rec del) and although being received on 6/11/08 was not credited to his account till 25/11/08. That same date £200+ of fees were applied followed by another £30 2 weeks later!

 

I'm not sure now how to proceed - if they are saying we cannot have these particular fees refunded I don't want to file in court on the date I have stipulated (this thursday) only to find I've made myself (or Mr L, rather) look a wally who doesn't know what they're doing:eek:

 

Any help with this would be greatly appreciated as always, thank you!

 

Regards,

 

Landy x

[supasnooper]

If these "court fees" have been charged to your account, no court action was initiated by M&S, and you have paid for these fees in the settlement figure - then reclaim them.

 

Put M&S to strict proof that these fees were actually paid to a court.

[landy_alert]

If these "court fees" have been charged to your account, no court action was initiated by M&S, and you have paid for these fees in the settlement figure - then reclaim them.

 

Put M&S to strict proof that these fees were actually paid to a court.

 

Hi supasnooper:)

 

Thank you for your advice! As we have sent them a letter, as per ida's post earlier in this thread, stating our intention to file at court in 10 days (this thursday) do you think we should now -

 

a) continue with that course of action

 

b) do as you suggest and put them to strict proof that the fees were paid to a court?

 

Apologies for being a bit thick here:?

 

Many thanks again,

 

Landy x

[supasnooper]

I'd go with option A.

 

If you do have to pursue the court action then that's were you get to ask M&S to prove the fees were paid to a court.

[landy_alert]

Thanks supasnooper - most appreciated:)

[landy_alert]

Hi everyone:)

 

Another update - M&S obviously want us to take them to court or think we'll bottle it at the eleventh hour because they've sent a further letter reiterating their previous offer, with another acceptance form. They are still insisting their charges are fair etc and their 'without prejudice' refund will be credited to Mr L's card - which he no longer has:eek::eek:

 

So looks like it's filing day tomorrow then!

 

Regards,

 

Landy x

[supasnooper]

Enjoy your day

[landy_alert]

Enjoy your day

 

Thanks ss, but I'm actually rather dreading it having never done this before:(

 

By the way is it ok to use MCOL for this?

 

Thank you,

 

Landy x

[landy_alert]

Hi everyone:)

 

I've been doing some further reading around the forum and have seen several mentions of all MCOL claims being automatically stayed - is it therefore preferable to file at my local court using N1? If that's the case I won't be able to do this till next week now but I'd rather get it right even if it means not filing on the day I said I would!

 

Also, can anyone point me in the direction of the right kind of POC for a M&S credit card please - I've looked through the POCs for credit cards in the templates section, but they all seem to relate to specific banks etc.

 

As I haven't done this before, I need reassurance and guidance that I am doing it correctly please;)

 

Very many thanks,

 

Landy x

[landy_alert]

Hi everyone:)

 

I've been doing some further reading around the forum and have seen several mentions of all MCOL claims being automatically stayed - is it therefore preferable to file at my local court using N1? If that's the case I won't be able to do this till next week now but I'd rather get it right even if it means not filing on the day I said I would!

 

Also, can anyone point me in the direction of the right kind of POC for a M&S credit card please - I've looked through the POCs for credit cards in the templates section, but they all seem to relate to specific banks etc.

 

As I haven't done this before, I need reassurance and guidance that I am doing it correctly please;)

 

Very many thanks,

 

Landy x

 

Just bumping gently for some advice on this please!

 

Thank you,

 

Landy x