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Sigma SPV1 Ltd court claim form for M & S store/credit card***Discontinued**

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Hi Cleo,

 

I've had many experiences, some with M&S Money too !! ;)

 

If you want any help or advice, we'll need a bit more info on your problem.

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As M&S Money is owned by HSBC I'm sure they will deal with accounts in the same way as HSBC do.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Cleo,

 

I've had many experiences, some with M&S Money too !! ;)

 

If you want any help or advice, we'll need a bit more info on your problem.

I had problems with bank charges after setting up payment plan and missed a couple of payments. However have written to them because circumstances have changed for the better. Two days after arrears notice which took nine days to arrive, they have sent default notice but it took four days to arrive and doesn't give me the required period to pay due to the lateness of delivery and wording in the notice. I have written by recorded telling them the notice is ineffective for that reason and also amount on default differs from arrears. Have requested for that reason they remove default from file. I CCA'd them also.

I can actually pay arrears shortly but am angry about this.

thanks

ps - am I in the wrong bit - I had to get help to start a new thread.

 

Incidentally had similar problem with GE Capital but after CCa'd they reinstated reduced payments.

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Hi Cleo,

 

Given the circumstances, I've moved this thread to the Data Protection and Defaults Issues forum where I hope you get the help required.


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Two days after arrears notice which took nine days to arrive, they have sent default notice but it took four days to arrive and doesn't give me the required period to pay due to the lateness of delivery and wording in the notice. I have written by recorded telling them the notice is ineffective for that reason and also amount on default differs from arrears.

It's not ineffective. It's legally invalid.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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It's not ineffective. It's legally invalid.

thanks - does the fact that I've written ineffective make a difference. I can actually pay the arrears before the required date but I am so annoyed I am waiting for their response which hopefully will not take NINE DAYS to arrive. Should I write again uing the words legally invalid? - I made it very clear in the letter.

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I wouldn't worry about the wording of your letter. They will know what you mean.

 

A default notice doesn't automatically result in a default on your credit file. If you pay the default sums within the prescribed period then no default will go on your file. If the default notice does not contain the prescribed terms giving you a minimum of 14 days from service to clear the arrears then it is not legally valid. If the default overstates the amount of arrears then again it is not legally valid.

 

That being said invalid default notices, unless challenged, will result in a default on your credit file.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I wouldn't worry about the wording of your letter. They will know what you mean.

 

A default notice doesn't automatically result in a default on your credit file. If you pay the default sums within the prescribed period then no default will go on your file. If the default notice does not contain the prescribed terms giving you a minimum of 14 days from service to clear the arrears then it is not legally valid. If the default overstates the amount of arrears then again it is not legally valid.

 

That being said invalid default notices, unless challenged, will result in a default on your credit file.

am I right in that it is served two days after the date on it? if that is the case it is only giving me 12 days. Wording is "fourteen days from date of this letter" - it took 4 days to arrive

 

Have had further letter asking to phone and that they wont write?? Help!!

 

Have also CCa'd them.

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am I right in that it is served two days after the date on it? if that is the case it is only giving me 12 days. Wording is "fourteen days from date of this letter" - it took 4 days to arrive

 

Have had further letter asking to phone and that they wont write?? Help!!

 

Have also CCa'd them.

 

 

Yes its invalid


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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I have had letter today saying ingoring them etc which is not true - we have kept in touch by writing.

They would have got letter today saying deafult invalid. Also CCa will arrive today

They say they need an e-mail from me urgently giving name, and postcode??

 

The letter uses the words "deliberatley avoiding payment" - I am just asking for a bit more time to get it sorted.

 

I am exasperated - any advice??

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Hi Cleo,

 

Don't be intimidated by their letters, etc - this is precisely what they want.

 

THEY screwed up with the Default Notice and THEY are in the wrong.

 

Don't be exasperated - be confident and be strong. There are many here who will help you stand up to these people.

 

Don't call them. Don't email them. If they contact you other than by letter, tell them to put anything in writing and hang up.

 

Let them deal with your CCA request as that's the ONLY thing that anyone is obliged to do right now. :)


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Thanks !:-)

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Hi Cleo,

 

Don't be intimidated by their letters, etc - this is precisely what they want.

 

THEY screwed up with the Default Notice and THEY are in the wrong.

 

Don't be exasperated - be confident and be strong. There are many here who will help you stand up to these people.

 

Don't call them. Don't email them. If they contact you other than by letter, tell them to put anything in writing and hang up.

 

Let them deal with your CCA request as that's the ONLY thing that anyone is obliged to do right now. :)

thanks - I KNOW this is right but please confirm: Default notice dated 11/11/08 giving fourteen days from date of letter = 25th in their eyes. Arrived on Saturday 15th November (theoretically giving me 10 days)

 

In my eyes date of notice is 11/11/08 - served two days later = 13/11/08 plus the fourteen days = 27/11/08 - therefore two days short.

 

Also amount on default is different to arrears notice. Thanks

I am prepared to pay but don't like being accused of deliberately avoiding paying or ignoring them because it is not true

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thanks - I KNOW this is right but please confirm: Default notice dated 11/11/08 giving fourteen days from date of letter = 25th in their eyes. Arrived on Saturday 15th November (theoretically giving me 10 days)

 

In my eyes date of notice is 11/11/08 - served two days later = 13/11/08 plus the fourteen days = 27/11/08 - therefore two days short.

 

Also amount on default is different to arrears notice. Thanks

I am prepared to pay but don't like being accused of deliberately avoiding paying or ignoring them because it is not true

what will happen next though?

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Hi Cleo,

 

If Rory said the DN is invalid, it IS.

 

Next, they'll keep sending a barrage of scary letters, most of which will be a waste of paper.

 

You'll have to wait and see how they respond to your CCA request.

 

If you're happy to pay, you could do so and save yourself the hassle of being hounded by DCA's.

 

If you're happy to stand up to them and see if they have a valid Credit Agreement, wait for their reply to the CCA request.


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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi Cleo,

 

If Rory said the DN is invalid, it IS.

 

Next, they'll keep sending a barrage of scary letters, most of which will be a waste of paper.

 

You'll have to wait and see how they respond to your CCA request.

 

If you're happy to pay, you could do so and save yourself the hassle of being hounded by DCA's.

 

If you're happy to stand up to them and see if they have a valid Credit Agreement, wait for their reply to the CCA request.

Thanks - all of this was made worse by spiralling bank charges. I set up several payments sending income and expenditure but it fell flat because my bank took all of our money in one month and then charged us every day £25.00 (have started claim and closed account in order to survive) hence the arrears.

 

They did say they MAY be able to reinstate payment plan and i put that in my letter concerninf DN so we will see.

It's not that i didn't belive anyone - it's scary for me but I am a strong person.

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Hi Cleo,

 

It's not that i didn't belive anyone - it's scary for me but I am a strong person.

 

You don't have to remind anyone on CAG of how scary this stuff can be - whether you're putting a big bank's name on a court claim as you take them to court; or telling a DCA visitor to clear off and stop talking tosh.

 

It's always scary at first but that's how this site is so brilliant. It inspires and empowers people who, previously, would have buckled and NOT stood up for themselves. :)


We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi Cleo,

 

 

 

You don't have to remind anyone on CAG of how scary this stuff can be - whether you're putting a big bank's name on a court claim as you take them to court; or telling a DCA visitor to clear off and stop talking tosh.

 

It's always scary at first but that's how this site is so brilliant. It inspires and empowers people who, previously, would have buckled and NOT stood up for themselves. :)

Hi - thanks - I also forgot to mention that the I have written (bearing in mind invalid DN) saying that the new repayment I was putting forward would be seen as reasonable by any court. Also they had offered me a secured loan which I refused.

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thanks - does the fact that I've written ineffective make a difference. I can actually pay the arrears before the required date but I am so annoyed I am waiting for their response which hopefully will not take NINE DAYS to arrive. Should I write again uing the words legally invalid? - I made it very clear in the letter.

 

 

I wouldn't draw their attention to the invalid default notice until after they have issued court proceedings in case they attempt to "cure" it by issuing a fresh notice which is compliant


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Hi

Have two cards Mastercard and preference and have posts in Preference thread.

 

They are around 15 years old I think - and have arrears (had problems with bank charges and couldn't keep to payment plan) things are improving now though. After using this site changed banks and got out of charges trap.

 

I have CCA'd both cards twice and have had no response whatsoever but they have had the fees because they went on the account. Have proof of recorded ddelivery.

 

They have gone well over the time limit and I have sent letter saying account now in dispute - defaulted on a certain date and no charges etc should be added etc - should not demand payment ....... Keep getting arrears letters. Am now in a position to pay reduced payments and have written to them - they keep sending me payment slips whish require a signature.

 

I am unsure what to do next?? No sign of any agreements.

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After 15 years, highly unlikely that they will have the agreements, the oldest I think I have seen is from the 70's by Barclaycard (which was unenforceable)...no agreements = unenforceable debt, if you really want to make doubly sure send a SAR


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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thank you 42man - am I asking for all documentation? Can you point me to the template please?

 

Sorry to be a pain but I have read somewhere that to CCa and Sar could be seen as false enrichment?

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No...it's not, a CCA request is a legal request for your agreements...

 

A SAR is just a legal request for ALL your information...you can make both, ALL you are doing is requesting information, non compliance with a CCA means the debt is unenforceable.

 

If they don't provide ALL your information within 40 days, then you can take them to court for non compliance...

 

This is a good SAR to use (it costs £10 to send - use postal orders and send by recorded)....

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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No...it's not, a CCA request is a legal request for your agreements...

 

A SAR is just a legal request for ALL your information...you can make both, ALL you are doing is requesting information, non compliance with a CCA means the debt is unenforceable.

 

If they don't provide ALL your information within 40 days, then you can take them to court for non compliance...

 

This is a good SAR to use (it costs £10 to send - use postal orders and send by recorded)....

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

Thanks - I have spent a lot of time reading the site and found it invaluable. Really helped me with bank charges problem (still ongoing)

 

Its just that sometimes a little guidance is needed.

 

Thanks again cleo

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