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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • We have finally managed to obtain the transcript of this case.

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


cleo4patra
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thanks - as you say they apparently sent some T & C's - but the copy is so illegible it is not credible. They are the copy they sent me with the Mr Sample letter about the new card. Just trying to get my info in order as if I defend will need to be well informed etc. The Mayhew case is good reading as so similar to my own circumstances. Don't want to be a pest on the site but need as much info as possible

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default notice dated 11/11/2008 - arrived on a Saturday 15/11/2008 - offering me fourteen days to remedy "from the date shown" there is no date shown just the date 11/11/2008 so short of the fourteen days and then not giving me a specific "date shown" - tried to upload scanned copy but system keeps saying it is the wrong size and I need to resize - can anyone advise on how to do this please. Checked SAR paperwork - just piles of sheets with figures on which I think is for their use all scribbled on in red pen. Only other document in SAR is copy application form again - no default, no letters, no termination notice.

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Struggling to find anything with old charge card account number on - but have copy letter they sent in response to one of my requests - enclosing new T & C's for credit card but they are practically illegible. Got my paperwork together now today - The DN I am fairly confident is invalid. Also have letters from M & S saying "we will no longer correspond with you....only speak to you on the phone.....

Hi Cleo,

 

Am I right in thinking the document supplied as the credit agreement was the application form for the original store charge card; and that store charge card was automatically swapped for a credit card without you ever applying for it.

 

In response to your PM -

 

If you reply to the summons saying you'll defend in full, this keeps your options open. This gives you the max possible time to consider how you want to proceed.

 

Request documents that you want from the bank's sol'rs using the CPR 31.14 request. This gives you the right to ask for sight of documents referred to in their POC's. See here - http://www.justice.gov.uk/courts/procedure-rules/civil/_old/part31#IDA4W0HC

 

:-)

Edited by cleo4patra
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will be sending my AoS off this week and will be preparing a defence document - will need guidance on this (not the facts of my case but how to word it etc) I understand i have 14 days from A oS deadline to submit a defence. How would I request an extension if response to my CPR request is not forthcoming please

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....... tried to upload scanned copy but system keeps saying it is the wrong size and I need to resize - can anyone advise on how to do this please. .....

 

this is some dx100uk info re this:

 

'if you post stuff up use:

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx'

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Hi Cleo

 

Further to your PM if you could post up as per Fords post above and we can review what you have in preparation for any defence.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Yes Cleo I am aware of this problem ill nudge the Site Team to see if this has been corrected.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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http://www.consumeractiongroup.co.uk/forum/showthread.php?168827-M-amp-S-Money&p=1876057&viewfull=1#post1876057 - here is link to front page of original application form for the chargecard - just to note - on the front of the application form parts refer to "condition number ..... etc" when you refer to the number of the condition referred to it DOES correspond with what was sent as the "reverse" - however the "reverse" was sent to several other M & S customers as it had same postmark, identifying marks etc.
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Have you not got the Agreement yet Cleo?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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yes - the one they sent me originally but not in response to my CCA request last week. I posted a link to what they sent (scanned in on original receipt) so you will find that a few posts up . Just scanning in another letter re replacement of chargecard with credit card. managed to scan in default notice thanks

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Ah, I think your problem could be that you are loading images rather than pdfs.. which would actually be much easier for you :)

 

Follow instructions below

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

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

1: How can BCOBS protect you from your Banks unfair treatment

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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So this was a store card which was converted to a credit card with no new agreement ?

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

1: How can BCOBS protect you from your Banks unfair treatment

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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http://www.consumeractiongroup.co.uk/forum/content.php?867-Has-your-store-card-been-automatically-upgraded-Hot-News-for-you!!!

 

Judge Henrietta Mannerse held that where a store card had been upgraded to a Credit Card - and no separate agreement had been sent to the customer, that the requirements of the Consumer Credit Act had not been satisfied and the debt under the credit card was unenforceable.

Applies especially to Harrods cards, Debenham cards and Marks & Spencers - (all GE Money).

 

 

The Judgment is also in the link above with the case number.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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sorry about the images -

 

I have really struggled and thought better to upload something than nothing

- yes -

 

the only new "agreement" ever received are the copy letters posted up today in posts #64 #65 #66

which are copy letters sent to us by M & S after we challenged them for completely ignoring/disputing our "dispute" letters

and passing on our details to several DCA's which we fought off every time using template letters from this site.

 

They also terminated after sending the default letter I posted up on this thread today.

 

I don't think they have actual copies of these letters with our name and address on

- they are sample letters -

 

I sorted out all paperwork yesterday and it fills a plastic crate

- not counting all my responses which are stored on memory stick ready to print off if needed

Edited by cleo4patra
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