M+S Credit Card debt - Global Debt Sequence of Events

[brokebutnotbeatn]

If there was a clear 6 year period prior to 27th Aug 2007 when you made no payment or written acknowledgement to the debt then it will be SB'd (5 years if in Scotland). You would need to SAR your original lender or whomever you were paying up to that point (I assume your original lender). Nothing can restart the clock, not even a payment. Is this what you are saying?

[pam56]

Hi

My brains in knots so not sure what I'm saying lol

 

Yes that's it basically. I contacted original lender M & S but they couldn't find any account for me (prob not if they've sold it on) so can't help me get original documents etc.

The question I really need answer to is because I have requested a CCA and informed them that I now consider a/c to be in ispute can they still take court action which they are threatening to do on the 21st April. If they do can I contest it on the basis they haven't given me my CCA (if they don't obviously)

[pam56]

:???.S I have sent the request to Global Debt but they are saying it is for their client Credite Experto so have I sent it to wrong person?

[brokebutnotbeatn]

Sar m&s.

[pam56]

Hi Just read the letter for a SAR but what shall I put for a/c No as I haven't got one etc as a/c is so old. Also I have not had any correspondence with them for years so will my address satisfy them?

[brokebutnotbeatn]

The account number is irrelevant, its for any information held by them about you - all and every account. You could make reference to the address they last had on their files for you. What is the history of this debt?

[pam56]

Hi Thanks I took out an M & S store card around 1998-1999. I defaulted on it as I came out of work. ears later a DC came to our huse & persuaded my daughter to pay £100 off this a/c (she tho' it was a baliff as she was quite youngish at time) Then, accrding to them I paid a D/D (which I know is correct as just got a copy bank statement.) I believed that a) the balance had been cleared directly to M & S?? or that the DCA/Direct debit was after statute barred. I cannot prove this yet as refusing to give me info.

 

When I spoke to M & S they said I was not on their files and also wld not give me CRA details they use. I have looked at Equifax & Noodle. Both clear of any M & S accounts. Having difficulty logging onto Experian so not sure if it'll be on their site.

[pam56]

When Global say "intention to issue proceedings" what do you think they'll do next and can they do this whilst I'm waiting for their response to a CCA ?

[brokebutnotbeatn]

Your daughter's payment is irrelevant. So when did you leave work - when was your last payment? You don't need to prove SB, they need to prove it isn't. So if your dates stack up then you can reply that there was a clear 6 years when nothing was paid by you towards this debt prior to the 2007 payment so the debt is SB'd and you will not be paying them.

[pam56]

Wow I think that'll really put the knockers on them then, hope so. Why doesn't my daughter's payment count, it was on her visa card but my account?

[pam56]

God I wish I could find out for definite when I last made a payment obviously when my daughter paid them it came out of the blue totally forgotten about the account and truthfully tho' it was paid.

[brokebutnotbeatn]

becasue she was coerced/under duress and didn't know what she was paying for - the acknowledgement has to be from you. So what are your dates? When did you leave work? When was your last payment or acknowledgment prior to Aug 2007? I seriously doubt anyway that there is any record of a doorstep collection.

[brokebutnotbeatn]

Just roughly for now (date wise)

[pam56]

Okay

 

I think they have a record as when they rang me (before i was knowledgable) I refused to answer any questions but the guy did say "You owe this amount and yr daughter paid £100 on her visa" so they must have kept a record. She can't remember when but said it was years ago. I believe it was when we 1st moved to this house have lived here 14 yrs. We moved here in 1998 and that's when I gave my old job up. I'm not working at moment as I fractured ankle and had 2 ops so now crippling arthritis in it.

 

Sorry to be so vague about dates but it was so long ago, I have problems remembering what I did last week lol

[pam56]

I know in order to get anyway I need actual dates but where from. M & S won't tell me a thing only to say they have no records and have checked my current address and former address so must have got rid of them or passed them on to a DCA?? I tho' about requesting my bank statements to see if any payments crop up but wld that be worth it not just in money but time trawling thru them?

[brokebutnotbeatn]

no you don't need to worry; your daughter is not you acknowledging the debt so that doesn't apply. You just need to send the SB letter to say you had not ack'd the debt for 9 years before the one of payment in 2007 made under duress. The debt is SB'd and you will not be paying anything towards it. Edit the template in the library to suit.

[Halibutt]

On the point that brokebutnotbeatn makes about your daughter's payment... completely correct - payment made under duress, but more importantly, you can rightly say that the payment was neither paid by or authorised by you. With credit card records, you can prove that too. Doesn't reset the SB clock.

 

Good luck!

 

H. x

[pam56]

Hi I have done a SAR to Marks & Sparks which I will post tomorrow a.m. I am also sending a CCA request to Experto Credite as Global say they are working for them. Is there a letter etc which I can send to Global to sort of say hey lay off the court case as you haven't fulfilled my request and I'll ask judge to throw it out!!!!

[pam56]

Ha just worked out that if I haven't made a payment since Mar 2006 it became stat barred in March 2012 (not including a doorstep payment from daughter which I think was earlier) I'm in the clear, there not in the money !!! Thinking of a song there.

[pam56]

Sorry will have to do maths again got it all wrong lol

[pam56]

What I meant to say is that if I didn't make a payment from 2001 onwards then it wld be stat barred in 2007. Payment was on 27th August 2007 so I presume stat barred wld have to be up to 26th August 2001 - 26th Aug 2007 an exact 6 years, and that would exclude any doorstep collection paid by daughter. The payment on 27th August was by a D/D (Proved by me). If I'm right then an I a0 Claim back daughter's £100 and also amount of D/D £60? He he wld love to take them bardstards to court and play em at own game.

[brokebutnotbeatn]

Pam. You say you gave your job up when you moved in 1998. Is that the case? You say this is when you stopped paying the card? When do you think you last made a payment? no you can't claim monies paid back. just because a debt is SB'd does not mean it does not exist. If you can be clear in your mind about the clear 6 years you should write as previously advised. It would be up to them to prove it is not - i.e. find a legitimate payment made by you in the 6 years prior to August 2007.

[pam56]

Hi I'm not 100% sure of dates as it is so long ago. Sporadic payments maybe, again I can't pin it down.

[brokebutnotbeatn]

Then all you can do IMHO is put them to strict proof of payment. i.e. write and say that prior to a one off payment by you in Aug 2007 you did not make any payments to this account for some 9 years therefore the account is statute barred. If they disagree then you would need to put them to strict proof of payment by you. This is how I would manage this one. However, you do seem to be changing your position on this as the thread progresses. This is an advice site so I would read around and get my ideas together if I were you then make an informed decision as how best you should proceed based on your personal circumstances.

[pam56]

Hi I have today spoke to a helpful assistant in Credit Control at Marks & Spencers. She told me that I opened the account in 1995 and "it looked like it closed around 1998". She is going to send details on the account to me!!! No mention of any fees etc. I am going to send a letter to Global as you suggested and tell them to "prove it" etc.

 

Also what does IMHO stand for and is their a template letter I can look at please.