Rayne Vs IND (M & S)

[Rayne]

Got a letter from IND this morning pertaining to an old M & S card, £6100 or thereabouts.

 

Defo statute barred as the last contact I had with them was before I met my current wife, and THAT was 8 years ago. Just checked my CRF and theres a linked address on there from November 2004 so, JUST to be on the safe side, I'll reply after the 6 years is up on that linked address, in case I DID reply to them and acknowledge the debt in the timeframe.

 

Once I hit that November date they can have a lovely SB letter

[harrassed senior]

I have noticed that there are many SB or near SB debts being chased - I wonder just how many unsuspecting people acknowledge without realising what they are doing, a very naughty trick IMO. This must be proving quite a 'backdoor' income for these DCAs!

[Rayne]

Oh I can only imagine...shame they can't be fined etc for such underhand methods tbh

[Rayne]

Well this is a new one - just had a county court claim through the post from Northampton, the claimant being Wescott.

 

PoC's are:

 

The claimant claims for sums due under a/various Personal Loan Agreement(s) entered into between Marks & Spencer plc and the Defendant. The rights of Marks & Spencer plc passed to the claimant pursuant to an assignment dated 19/01/06 between Marks & Spencer plc and the claimant. The agreement(s) was/were terminated upon the defendant failure to comply with the terms of the agreement(s) and or the statutory notice of default served by MArks & Spencer plc.

And the claimant claims:

Personal Loan Account number (lots of numbers) balance of £6,109.94 as of 19/01/06

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the assignment date to 1/11/10 of £2,339.52 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.34 AND costs

 

 

 

I still maintain that this is statuate barred, although I couldn't give an exact date on that. Still nothing on my CRF regarding it either.

[Rayne]

shameless bump - apologies guys

[Rayne]

Just a thought, why is there no default on my CRF regarding this? Anyone got any ideas?

 

As a by the by, I'm going to acknowledge the claim today, defend on the grounds of it being statute barred and also get a change of location from Northampton to my local. Anything else you think I should be looking at?

[Rayne]

Ok, my defence:

 

1 The Claimant's claim was issued on 01 November 2010.

 

2 The defendant contends that the Claimant's claim so issued is a

claim in contract and is statute barred pursuant to the provisions

of section 5 of the Limitation Act 1980. The claimant should

already be aware more than 6 years have elapsed between cause of

action accrued and the court claim by their court submission.

 

3 The Claimant's claim to be entitled to payment of £8739.46 or

any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

 

At this moment in time as they know full well this is SB I'm entirely tempted to counterclaim for stress and harrassment caused

[Rayne]

Morning all, sorry to appear pushy but can someone just take a quick look at this and let me know if I have it right? Can do without messing up a defence where over 8k is involved

 

Cheers

[Rayne]

bump

[Rayne]

.....

[DonkeyB]

First of all, ask a mod to change the thread title to something like ‘Claim form from Westcot re M&S, probably SB’. You’ll get more help.

 

While that defence appears sound, you should do all you can to make sure it’s accurate.

 

First of all, try a call to M&S. They should still have the account details as it’s only four years since they sold the account. They should be able to tell you when payment on the account was last made. The number is 0845 6001009. Ask for confirmation of this last payment date in writing. Additionally, you could send an SAR to M&S – it can take up to 40 days, but if you follow the advice in the threads below (from pt2537), you’ll see you can get up to 56 days to file if you request an extension. The SAR will show the statements of the account.

 

Also ask M&S exactly when and to whom the account was sold. If they produce a NoA with the wrong date, they stuff themselves. record the call if you can.

 

Next is CPR. Again, look at the threads below, but you are after specifically those items mentioned in the PoC, viz: the credit agreement; the notice of assignment; the deed of assignment; the default notice; the termination notice.

 

M&S were useless at sending out DNs, and there’s a good chance the account was terminated unlawfully.

 

Look through these threads:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

 

Sorry if it appears a bit belt and braces when you are sure it’s SB, but if you want that as your defence, it’s best to be absolutely sure, and use the law channels open to you.

[DonkeyB]

Further, if they have extended the date of the default on your credit file for any reason, beyond six years after the initial default, you will have a possible claim for damages.

[Rayne]

Morning Donkey, sound advice will request a Mod to do that.

 

Will have a look thru those threads today as time is ticking right now.

 

Wit regards to my credit file, there's no mention at all of a default notice, just a tied addtress going back 4 years. Checked with my mother, whose address it is, and she doesn't recall any post for me other than pension stuff in the last umpteen years, certainly not within this timeframe.

[Rayne]

Okies, this goes in post tomorrow morning 1st thing via recorded delivery:

 

Dear Sir,

 

Re: Wescott SPV Ltd v Captain James Tiberius Kirk Case No:NCC1701

CPR 31.14 Request

 

On 5th November 2010 I received the Claim Form in this case issued by you out of the Northampton 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.

 

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 assignment

 

3 the default notice

 

4 the termination notice

 

5 [any other documents mentioned in the Particulars of Claim]

 

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