Arrow/? claimform - M&S Chargecard changed to Credit card

[Abby25]

Update time (to keep M up todate on what they are doing with my own account, as promised) .......

 

HL Solicitors for Sigma (who have apparently bought the debt from M&S), have sent a letter requesting payment, its my address and acc no, but the wrong name ... (again) !!!!

 

I will send them the usual defend letter, telling they them they have been screwed by M&S as the ALLEGED debt was in dispute at the time of disposal, its a credit card not a store card, that the cca is worthless, as was the DN.

 

Will update for infor on what they come back with ...

 

Abs x

Edited April 6, 2012 by Abby25

[Bazooka Boo]

Who's thread is this and who needs advice?

[Abby25]

That will be the lady who started the thread on page 1, with the first post - Maureen 1, who has posted on behalf of her Aunt.

 

 

We're going throgh the process of seeing off DCAs (M&S already having given up) - with myself being someway along the line with this, providing guidance and templates, that I've already used in my defence (as her complaint is of the same basis i.e store card changed to credit card (without consumers request), CCA provided on request is for the old store card, with the CCA provided being an application form with no prescribed terms located within it in any event !! (same old, same old, really).

 

 

We also have a dud DN I believe - which I've advised not to raise at this point, as it is a dish best served cold in any court proceedings that may be brought.

 

 

So IMHO they are well and truly snookered with this, and I expect maureens aunt's debt to also be sold on, as mine and plenty others in the same boat have recently been (which is where Sigma and HL Legal join the game)

 

Hope this helps

 

Abs x>

Edited April 6, 2012 by Abby25

[Bazooka Boo]

Yes thank you for clearing that up....

A store card that turned into a credit card hey?? I'd like to be a fly on the wall when they try and explain that one to the Judge..if it ever reached such a stage.

[Abby25]

Well when I stated they could not change one type of credit facility to another (store only use in 1 store with a low credit limit, to a credit card with a limit in the 1000's), they replied yes they could, the OFT said it was perfectly ok.

 

Really ? I replied, thats funny becuase in the open press the OFT publicly slated you, told you that you had broken consumer law, and demanded that you send out new agreements for signature to all future transferees ...

 

Their response to this, and even if the could reply upon the store card app, it does not comply with the CCA74, in its absence of prescribed terms, was .... wait for it .... "were not prepared to engage in any further communication in the matter, unless its for myself to make payment " ... and do you know what, they never sent me another letter .....so sort of tells its own story that.... thats of course until the poor DCAs had a go, and they finally sold it to poor old Sigma ... who not only bought the debt whilst in dispute (so in breach of OFT regs), but also can't pursue it due to above ... !!!!

 

I actually miss the letters ... they were good fun to play with ... !!

 

Abs x

[maureen1]

Hi Abby,thank you for your update as of today my aunt has not heard anything since i sent the letter back i got from you,but i have told her not to hold her breath as it will be sold back on and the letters will start back up,please keep me up to date with your dealings with them in this thread as it helps me to explain to my aunt that she's not the only one they are trying to "fob" off !

 

Thank you Maureen

[Abby25]

No probs .... I will of course keep you updated, and here to help when and where I can .... x

[IainHL]

The thing to add to this, which I hope will give good comfort to your aunt, Maureen, is to search for the recent (March 2012) Santander v Mayhew judgement.

[alangee]

maureen

 

If you need a copy of that judgement Ian has pointed to, let me know.

 

Alan

[Abby25]

Here the link to the judgement to copy and paste ......... http://forums.http://forums.moneysavingexpert.com/showpost.php?p=53600973/blog_attachment.php?attachmentid=56&d=1332300299 (which is in PDF format)

 

I've just found it and had a read, and supports the dispute of the debt already I've already submitted to M&S over 2 yrs ago (and which I have prev advised also forms part of your defence too) , which is power to the cause for all ! (apologies for link and not uploaded PDF, as I can't upload or insert anything due to major system probs with my account - which is incredibly frustrating, and which I have AGAIN asked the site team to look at for me).

 

Hope this helps

 

Abs x

[alangee]

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[Abby25]

Told you, I'm having some real issues with links, upload, inserts etc .... even having to manually input the para splitter so my post doesn't all merge into one ...... its driving me INSANE !!!!!!!!!!!!!!!!!!!

[IainHL]

Here is a link to a BBC news story today http://www.bbc.co.uk/news/business-17670803.

 

It contains a link to a PDF of the judgement.

[Abby25]

Update .... despite HL solicitors being advised of the situ, they have left a msg on the answer machine for me to call them.

 

Bless 'em - hope there not upset when I don't accept their kind invitation .... !!!!

Edited May 10, 2012 by Abby25

[Abby25]

Ok just an update on this, HL (the cheeky blighters !) have issued a claim with northampton CC - the issues going on are discussed in my separate thread, which you will find in the legal forum. Abs xx

[BRIGADIER2JCS]

Ok

[maureen1]

Hi Abby sorry ive not been on here for a while had computer issues .My aunt still not heard anything back however ive just read you're other thread and all that "talk" about court and what you have had to do just went straight over my head! I wish you good luck on you're case , I'm now thinking it might be easier to offer them £1 month to avoid the possibility of going to court as my aunts health wouldn't cope with court.Thanks for all you're help you have giving us it's very much appreciated.

 

Maureen

[Abby25]

Hi Maureen,

 

There's nothing to worry about, trust me, they are just trying it on with a load of us whom the bought from Marks. Even if this did get before a Judge, which is very unlikely, they have nothing to go with - their claim talks about a credit agreement for a credit card that I defaulted on - but the problem they have is that THERE IS NO CREDIT AGREEMENT FOR THE CREDIT CARD, so thats their first mistake, they also admitted issuing a claim with ABSOLUTLEY NO DOCUMENTS, so then how do they estblish their claim, what is owed and what I breached ???? The DN is also in breach of the regs - so thats another nail in their coffin.

 

I just had a mild panic, because no one else has even go near a court with my other issues - as I have made sure that my letters clearly show the legalities supporting my dispute - which is the trick.

 

These idiots - are just taking a punt and hoping for the best - when I spoke to them on the phone and discussed what this particular dispute entailed. and if they had no docs from Marks (as they admitted), they had absolutely no business issuing a spurious claim and wasting the courts time, the Mgr I spoke to went to pieces - and said he would have it stayed unti they had time to review the docs and if necessary sell it back to Marks.

 

And don't forget, although I have always argued since 2009, the fact that there is no agreement for the credit card (only a rubbish one for the store card), which means that the debt is unenforceable, this has now subssequently been backed up by the Mayhew case.

 

If you start paying AFTER instigating the dispute which you currently have on-going , you will by default have admitted liability, and that will mean that they CAN TAKE YOU TO COURT AND EXPECT TO WIN. Now you have disputed it, you must stay the course, IF, you receive a court claim, you'll have me (and others) to help guide you, as we will have already been through the process and out the other side. So hold onto your hat and don't panic !!

 

Abs x

Edited July 29, 2012 by Abby25

[debbbbsy]

They play a numbers game, of all the claims they issue,unfortuantely many will simply either admit because they spent the money or simply ignore and judgment will be gained by default. Most people don't even realise that the CCA exists and that they can defend a claim.

 

Once you show your intention to defend, and more importantly will counterclaim against them for costs.....they will back off....they may put up a bit of a fight....even the odd stupid letter that it can be enforced when it isn't...but aslong as you respond to every letter and stay resolute...they will back off if it is going to cost them money. Unfortunately they go for the easy ones and milk them dry.:pout:

[Abby25]

Well said Debs xx

[maureen1]

Hi all,not been on here for a long time due to no internet connection,still in dispute with these idiots (have been ignoring them ) ill get the letter my aunt received yesterday and put it up for you all to read and see what she should do now thanks

[Abby25]

Well hello stranger !!

 

Hope you're well.

 

Yep post it up, and we'll guide .... just as an update of my own, I have heard not a peep from Sigma, I have phoned the court whom have advised that the claim is now stayed (due to 30 days passing and Sigma not continuing), which means that to get it re-instigated their claim for re-starting the process and why, has to go before a Judge.

 

The court clerk advised contacting them to see what their position is, but as I know it won't be reinstigated from the reason for dispute I've advised them, I'm leaving it to lie until the default has expired.

 

Anyhoo, enough about me .... post it up treacle and we'll have a look at it for you.

 

Abs x

[maureen1]

Hello Abs, glad your getting somewhere with your M&S card !!!!!

 

Any how here's a type up of the letter my aunt received any advice please

 

 

NOTICE OF RECOVERY ACTION

 

Due to your failure to satisfactorily resolve this matter with Rockwell,this account has now been escalated to Fenton Cooper for assessment and further recovery action.

 

Fenton Cooper is a specialist recovery team and part of Tessera Credit Services Limited.

 

We are now reviewing your account and may recommend that our client commence legal proceedings by placing this matter with their solicitors to issue a county court summons.

 

 

 

Do we just ignore this like the others ?

 

thanks Maureen

[citizenB]

I have had a quick look back over what has occurred and if I am correct, wasn't this a Store card that was upgraded to a credit card without a new agreement being signed ?

 

Could you perhaps put a summary of what indeed has happened for it to get to this point in time.

[Abby25]

Yep, as with my own, this was originally a store card, upgraded to a credit card without a new CCA ..... Maureen the letter is just bluster and bluff.