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DG sols for M+S card claimform - previously Discontinued Claim

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please can someone help me

 

i have read on here something about credit card agreements taken out before 2007

 

do you need to have a copy of you agreement i dont or can you ask the card company to send you one

 

also how do you know if the agreement is enforcable i am really sorry if this as been asked and answered before but any replies would be very welcome thankyou

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You have a legal right to a copy of the Consumer Credit Agreement, and can ask for it at any time. Once you have got a copy, scan it and post iot here with your personal details removed.

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thank you for your reply do i ask the origanal company or do i ask the debt recovery agency who is dealing with the debt and what about if its already been issued with a form form from northhampton cc can i still ask M&S for the credit agreement and if so should i put this on the form which i have to send back to the court sorry for all the questions

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You send a CCA request to whoever is chasing you for the alleged debt, which is the DCA in this case. However, if you have received court papers then there is a different, and better, route to go down. You can get hold of copies of the documentation under Civil Procedures Rules. Have a good read in the Legal Issues forum.

 

Have you acknowledged the court papers and/or filed a defence yet?

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No i havent acknowledged the papers yet i have just got them out and the card was taken out in 2001 im not sure how tto fill them in once again thankyou

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Hi Ruth.

 

Could you provide a bit more information please.

What is the date on the Claim Form?

What is detailed in the particulars of claim?

Were any documents attached to the claim form? e.g agreements etc.

 

In the first instance you should Acknowledge Service of the claim form.

This can be done online or by post.

 

You should then look to send a CPR request letter to the Claimant and send a copy to their solicitor asking for documents they will rely upon.

 

Any letters should be sent recorded delivery and you should keep the proof of postage and also proof of delivery.

 

Do not sign the letters.

 

---

I would also suggest you ask a site team member to change your title to something more suitable and ask them to move the thread to the legal issues section.

 

Regards


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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how do i go about asking a site member to change my title and move post to legal issues

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how do i go about asking a site member to change my title and move post to legal issues

what do i do instead of signing the lett

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Date on claim form 25th Nov i have 14 days from 30th Nov

 

Particulars of claim]

The claimants claim is for

balanceboutstanding under a cca dated 16/11/2001 and

then a number regulated by the cca 1974

the defendant has failed to make payments of the arreas of instalments as required by the statutory default notice served on 6/01/2009

 

the claiment formally demanded repayment of thesums due on 23/01/2009

 

the defendant has failed to pay the sum due and the claiment claims £------

 

2 intrest pursuantnto section 69 of the county court act 1984 at a rate of 8.000% per annum fromthe date hereof at a daily rate #1.71 to the date of judgement or sooner payment

Also what is a cpr

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have asked site team to look, but you must defend all of the claim otherwise the other side will get a judgement by default

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Hello ruth,

 

Which debt recovery agency are you using ?

Edited by Andyorch
Original username edited

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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sorry im totally confused

 

today i need to reply to the court papers

 

so what do i say in them do i admit the debt and say i need more time or

 

do i just say im asking the original credit card company or their solicitors for the origanal credit agreement

 

there are a few debt recovery agencies

 

the one with the court claim form is DG solicitors

 

then theres another for adiffrent card called capquest calder westcot

 

please could some one help me with what to do onthe court claim forms as i need to get them off today

 

or can this also be done over the net is there a link to a template letter i can use many thanks

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have asked site team to look, but you must defend all of the claim otherwise the other side will get a judgement by default

 

Sorry what does mean im out of my depth with all this

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If you admit to the whole debt you will get a CCJ awarded against you by default.

 

If you admit to part of the debt, you will also get a CCJ awarded against you.

 

If you complete the Acknowledgment of Service and state that you intend to defend all of the debt then this will give you the opportunity to see if the creditor has an enforceable credit agreement.

 

I would advise that you read a few threads to see how things move on.

 

Have a look at a few in here - DCA Legal Successes - The Consumer Forums


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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so do I just tick box 1 and sign the claim form can i do this on line what do i do next send a letter to DG solicitors with a£1 fee asking for acca or £10 asking for a cpr

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how do i go about asking a site member to change my title and move post to legal issues

 

Have done that for you. I will also move you into the legal issues forums as the claim has been issued against you.

 

Date on claim form 25th Nov i have 14 days from 30th Nov

 

Particulars of claim]

The claimants claim is for balanceboutstanding under a cca dated 16/11/2001 and then a number regulated by the cca 1974 the defendant has failed to make payments of the arreas of instalments as required by the statutory default notice served on 6/01/2009 the claiment formally demanded repayment of thesums due on 23/01/2009 the defendant has failed to pay the sum due and the claiment claims £------

2 intrest pursuantnto section 69 of the county court act 1984 at a rate of 8.000% per annum fromthe date hereof at a daily rate #1.71 to the date of judgement or sooner payment

Also what is a cpr

 

This has obviously been issued out of the Northampton Bulk Claim centre.

 

You really need to give us a bit more information.

 

My observations are:

 

This claim was issued on 25th November 2009. There is an allowance of 5 days for receipt.

 

You then have 14 days to acknowledge service and say if you are going to defend or not. This must be done by 14th December. You can do it online.

 

As you dont have sufficient information at this stage, then it would be wise to defend ALL when you acknowledge receipt of the claim. Print off the receipt once you have acknowledged.

 

You have until 28th December to put in a defence. But you will need to get it in by 23rd/24th I would think because of the Christmas break.

 

If you can tell us a little bit more about the account being chased.

 

Is it for more or less than £5,000

Who are D&G solicitors acting for ?

Have you received any of the following : Default Notice, Termination Notice.

 

Have you sent off the subject Access Request ?. You will need to send that to the original creditor.

 

You need to write to the solicitor and ask for information. You can do that by using the following letter, please read it carefully because there are bits that will need amending to suit your own circumstances.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice*

 

3 the termination notice*

 

4 the formal demand

 

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

If you can answer the questions I have asked above, then we can set about helping you.

Edited by Andyorch
Original username edited out

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

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3: Feel Bullied by Creditors or Debt Collectors?

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4: Staying Calm About Debt

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you citizen B

 

 

the amount is for7821 plus 190 plus100 in fees total 8111.21

 

 

dg acting for marks and spencer finacial services

 

 

i think i have received a default notice but cant find it and

 

 

no i havent sent off for a cpr

 

 

do i mention to the court i an awaiting a cpr if i sent it off today

 

 

i will do the court cliam form online in a bit when i have all the info from you guys what to say

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Thank you citizen B the amount is for7821 plus 190 plus100 in fees total 8111.21 dg acting for marks and spencer finacial services i think i have received a default notice but cant find it and no i havent sent off for a cpr do i mention to the court i an awaiting a cpr if i sent it off today i will do the court cliam form online in a bit when i have all the info from you guys what to say

 

All you need to do at the moment is acknowledge the claim online.

 

You will have a password on the claim form.

 

All you need to do is tick a few boxes at this stage.

 

You will be asked :

 

How much of the claim do you dispute ? - You will tick (I dispute the full amount claimed as shown on the claim form)

 

You will be asked:

 

Do you dispute the claim because you have already paid it ? - You will tick - NO

 

You will do nothing else at this stage. Once you have acknowledged service as above, then you will have until 28th December to put in a defence. If you receive information before then.. you can put in a fully particularised defence. If not, then you will need to put in a holding defence. So we wait a while and see what comes back from the letter to the solicitors and from your Subject Access Request to M&S.

 

In the letter I have put for you above, you will need to ask for a copy of the agreement, a copy of the Default notice and the formal demand because they have mentioned them in their claim form (POC).

 

Do remember to print off the receipt once you have finished acknolwedging.

 

Send your Subject Access Request to M&S include a £10.00 postal order.

Send the CPR 31.14 letter to the Solicitors

Send both by recorded or special delivery.

 

Get yourself a file/folder and keep copies of everything

 

With the information you have provided, I have amended the letter for the solicitors in post 19. You just need to add dates where necessary and also if you didnt ask for information BEFORE the claim was received.. you will need to remove the paragraph that is highlighted in red.

 

You must get those letters out quickly.

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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THANK YOU SO MUCH

to clarify i send the lettet to dg solicitotrs and not mands or do i send to bothif not what letter do i send mand s asking for cpr do i write these by hand or is it best on pc so i can print name sorry if i sound really stupid but just want tomake sure i get it right what do i need to print off

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You send the CPR31.14 letter from post 19 to D&G solicitors only.

 

You send the subject access request from the link below to M&S only.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Send the letters to the addressess that are on the claim form.

 

I would suggest you print them on the computer.. it will take you for ever to do them by hand:D

 

If you print a row of XXXXs in a mid grey colour then sign over the top of them, then you have no worries.

 

HTH


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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can i print off the letter you have done and fill in my details or do i need to do my own on the pc and can i print off a cpr template and just fill in my details also you say about printing something off whats that so i print my name and put xx through it correct

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can i print off the letter you have done and fill in my details or do i need to do my own on the pc and can i print off a cpr template and just fill in my details also you say about printing something off whats that so i print my name and put xx through it correct

 

 

Yes, you can copy and paste the letters into your own computer document. Make sure you change anything that needs changing and put dates in.

 

When you send legal requests and the SAR you will be required to SIGN your name. If you put a row of XXXs at the bottom of the letter BEFORE you print it off, then sign over them when you HAVE printed it off, then your signature will be safe.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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you should take some time to read other threads in the M&S forums. This will give you an idea of what to do and when to do it. The link below will take you to that section

 

M&S Cards - The Consumer Forums

 

 

 

See if there are any situations that look similar to yours.

 

This is a self help site and whilst we can point you in the right direction for the information. you need to be able to understand what you are doing and why you are doing it.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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