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

[Old Cogger]

Deleted

[Guest]

re dn requirements Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.pdf‎

[cleo4patra]

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

[Guest]

no worries, be a 'pest' and ask away. as you say, its your circumstances and you need all the info you can get. the more the better.

[cleo4patra]

my CCA request letter and CPR request letters have both been signed for now so we will see what response(s) are forthcoming.

[cleo4patra]

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.

[cleo4patra]

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 November 19, 2012 by cleo4patra

[cleo4patra]

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

[Guest]

....... 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'

[AndyOrch]

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

[cleo4patra]

hi - thanks - I got that far but every time I try to attach it says file dimesnsions are too large!!

[AndyOrch]

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

 

Andy

[cleo4patra]

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.

[cleo4patra]

thanks - then I will post up what I have so far

[cleo4patra]

dx

 

...

Edited November 25, 2012 by dx100uk
att removed - your pers details are showing please do not use a pen! - dx

[cleo4patra]

managed it with photobucket!! scanned copy of original with details crossed out - this was recievd on Saturday 15th November 2008

[AndyOrch]

Have you not got the Agreement yet Cleo?

 

Andy

[cleo4patra]

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

[cleo4patra]

letter explaining copy agreement/new credit card

[cleo4patra]

copy letter enclosed with letter from post #64

[cleo4patra]

copy (if you can read it!) of T & C's for new credit card received with letters from posts #64 #65

 

[citizenB]

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

[citizenB]

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

[citizenB]

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.

[cleo4patra]

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 November 20, 2012 by cleo4patra
additional info