Jump to content


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


cleo4patra
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4009 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Well - M & S have finally admitted that the original agreement was destryed - but go on to say that the copy is still enforceable.

 

Now getting letters from Gothia (redcastle) - th latest arrived to day:

 

giving us the "opportunity to work with you and offer one of the following options

  1. LONG TERM - commit to pay £40 month and we will cease any further action for an agreed period of time
  2. SHORT TERM - Discount of over 35% over a ninety day period
  3. YOUR TERMS - You choose the option that best suits you and your curren financial circumstances.

If we contact them with an offer before 30/12 action will be suspended.

 

Any advice / thoughts anyone??????

 

 

Bearing in mind M & S have

  • sent me other peoples papers
  • wrote to me saying I am ignoring the debt
  • passed on to two different DCA'S
  • ignored my request three times for the original agreement to be made availabel and finally admitted it has been destoyed.
  • terminated on dodgy DN

thanks

 

CLEO

user_online.gifreputation.gif report.gif progress.gif

Link to post
Share on other sites

  • Replies 519
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Well - M & S have finally admitted that the original agreement was destryed - but go on to say that the copy is still enforceable.

Well they would, wouldn't they?! They seem to be totally intransigent at the moment on admitting they don't have anything enforceable. Have they actually ever sent you a copy of your own agreement?

 

Now getting letters from Gothia (redcastle) - the latest arrived to day:

I would send them away with the "why have you been passed this account when I am in dispute with the original creditor?" letter: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute. Adapt it to suit your specific circumstances.

 

Then send a letter to M&S asking them to do you the courtesy of dealing with the matter themselves rather than passing you round the merry-go-round of DCAs, and trying to force their hand to write off the debt or actually take you to court.

 

I had to send the DCA letter to Philips in Darlington by Special Delivery the day before Christmas Eve, and now need to write a letter along the lines I have suggested to M&S.

Link to post
Share on other sites

Hi cleo and seasons greetings.

Well no surprises there then...It may not feel like it right now but you are actually getting somewhere...their admission finally that they have no original agreement is great news(and of course we know already the copy "application form" is pants !) so now they want to do a deal....you could if you wish make them a token offer under the guise of 3.Your Terms.

This will make them go away but do bear in mind though they will most likely refuse to clean up your credit file afterwards and even a partial settlement can still be deemed negative by lenders in future...alternatively stick with it and keep your fingers and toes crossed that the (anticipated January) findings from Judge Waxman's Mercantile Court hearings into what constitutes a "non true copy" of a credit card agreement and its enforceability are due to be announced...could be significant news for many of us...if I were really cynical I would think that M&S and their DCAs are also deeply concerned about the outcome and as a result want you to pay and pay quickly even if it is a mere % of what they say you owe ! Good luck and keep us up to date with things.

Link to post
Share on other sites

Hi Cleo,

 

I still stand by my advice in post #130, ie wait for the Manchester cases to be decided on.

 

I also agree with Beetle's post.

 

Ignore their "offers" and treat the DCA with the contempt they deserve. There is no credit agreement so they should desist with their demands.

 

:)

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 OTHERS

 

                                            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 !:-)

Link to post
Share on other sites

I had to send the DCA letter to Philips in Darlington by Special Delivery the day before Christmas Eve, and now need to write a letter along the lines I have suggested to M&S.

 

I'm in a similar position insofar as my account was passed to Philips just before Christmas but I have just ignored them. I normally only bother replying if I receive a second letter. In my case, Philips are acting on behalf of Collect Direct who have assumed a new name of Improved Financial Services Ltd.

 

I actually have it in writing from M&S that my agreement is uneforceable in court but that still doesn't stop them.

 

My only advice to you Cleo is not to let the letters bother you. I read on this forum recently about it being like a game of poker and it all coming down to the first party to show their hand.

 

These letters are crafted to make you "crack" and get you to offer to pay money on agreements that are essentially worthless.

 

Best of luck!! ;)

Edited by WelshMam2009
clarification

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

thanks all for that - to be honest on moral grounds I won't crack. M & S have tried everthing.

 

I was also contacted by a guy who took them to court and had received exactly the same paperwork as me!!!

 

Thanks for the support

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 3 weeks later...

Hi Cleo,

 

Have you read up on the Manchester test case results?

 

Bottom line is that without a credit agreement, they should have no chance of winning any court case.

 

Write to Resolution Legal Muppets and say you have been informed that M&S have admitted the original credit agreement has been destroyed so they have no document to rely on in any court proceedings. However, if they wish to take this path, you look forward to seeing them in court.

 

In the meantime, they should be aware the a/c is clearly in dispute and, if they contact you further, you will report them to the FOS for breach of the OFT Debt Collection Guidelines.

 

:)

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 OTHERS

 

                                            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 !:-)

Link to post
Share on other sites

cleo, if you look carefully you will see that Resolution Legal Services are just another branch of the Gothia empire. You know the score, another desk in the same office, different phone line, different headed paper, same bunch of cowboys. In fact I have had a letters from the same person on behalf of both companies (do the initials BP match yours?).

Link to post
Share on other sites

  • 1 month later...
cleo, if you look carefully you will see that Resolution Legal Services are just another branch of the Gothia empire. You know the score, another desk in the same office, different phone line, different headed paper, same bunch of cowboys. In fact I have had a letters from the same person on behalf of both companies (do the initials BP match yours?).

hI ALL - just checking in - everything has gone very very quiet - is it the same for everyone els. However had another wonderful offer from Gothia red Castle again this - offering for us to pay £10 a week!!!!! This has been in dispute with M & S for almost two years now. We have been offered loans, threatened with court, accused of ignoring M & s and intentionally avoiding payment, then get offers of reduced debts, weekly payments - what next??????

Link to post
Share on other sites

hI ALL - just checking in - everything has gone very very quiet - is it the same for everyone els. However had another wonderful offer from Gothia red Castle again this - offering for us to pay £10 a week!!!!! This has been in dispute with M & S for almost two years now. We have been offered loans, threatened with court, accused of ignoring M & s and intentionally avoiding payment, then get offers of reduced debts, weekly payments - what next??????

 

What next ? you ask. At least you know that there is no longer a debtors prison and they dont ship peeps off to Australia any longer. So I guess they will just recycle their previous letters.

 

If you have told them the account is in dispute with the original creditor and you have advised them to return it there in order for the dispute to be resolved, then I dont see what else you can do.

 

Have you read the following thread..

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

 

The original judgement should be found on the thread although many of the sections have already been broken down and dissected by CAGers.

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

Link to post
Share on other sites

Hi Cleo...just to let you know that my unenforceable M&S account has also been passed to Gothia / Red Castle...no doubt similar letters will ensue!! :p

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

Yes, I too got my letter from Gothia/Red Castle this week. And this is despite having written to M&S asking them to do me the courtesy of dealing with the matter themselves and not to pass me round the merry-go-round of DCAs.

 

One thing I have just noticed today though is that the M&S Credit Card has disappeared from my Experian Credit Report!

Link to post
Share on other sites

One thing I have just noticed today though is that the M&S Credit Card has disappeared from my Experian Credit Report!

 

Strange Iain...normally you end up with 2 entries, one for the OC and one for the DCA!! However, it seems that M&S haven't sold the debts on but have just employed these monkey's to try and collect for them. :x

 

I checked my report for free with annualcreditreport at the begining of March and my M&S card was showing on there....how long have you been in dispute with them?

 

(Sorry Cleo if this is going off thread a little but the same may apply to you also!! :wink: )

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

Hi Iain,

 

Perhaps you could start your own M&S thread to discuss your case, to avoid hijacking Cleo's thread, although I realise it has relevance to Cleo too.

 

Thanks :)

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 OTHERS

 

                                            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 !:-)

Link to post
Share on other sites

Strange Iain...normally you end up with 2 entries, one for the OC and one for the DCA!! However, it seems that M&S haven't sold the debts on but have just employed these monkey's to try and collect for them. :x

 

I checked my report for free with annualcreditreport at the begining of March and my M&S card was showing on there....how long have you been in dispute with them?

 

(Sorry Cleo if this is going off thread a little but the same may apply to you also!! :wink: )

I subscribe to CreditExpert from Experian and check my report each month. It has disappeared sometime between 8th February and 8th March.

 

Hi Iain,

 

Perhaps you could start your own M&S thread to discuss your case, to avoid hijacking Cleo's thread, although I realise it has relevance to Cleo too.

 

Thanks :)

Point taken slick. However I have 8 threads relating to my unsecured loans/credit cards to start, and 2 about secured loans. That is a very large amount of scanning of letters to do, and the task seems rather daunting. A project for the Easter holidays perhaps? And then there are the 6 different bank charges claims...

Link to post
Share on other sites

  • 3 weeks later...
Hi Iain,

 

Perhaps you could start your own M&S thread to discuss your case, to avoid hijacking Cleo's thread, although I realise it has relevance to Cleo too.

 

Thanks :)

well it's me cleo again!!! been round in one big circle. Received a recorded delivery from Gothia (Red Castle Recoveries). They say that M & S advise that all documents they have provided are legally enforceable. However they have enclosed a copy of the documents I have requested from M & S:

- copy of application for Chargecard signed in Dec 1988

- separate piece of paper (not the reverse and completely different from anything else previously) CREDIT AGREEMENT ETC (Chargecard 1989)

- another separate sheet (current terms???) with £12.00 late charges etc.

 

All of a sudden the document which they insist was the original (with 90 in the corner and funny postmark and marks etc - same as others on this site) is not there!!!!

 

Red Castle want me to ring them to discuss payment.

 

They have tried the "£10 a week payment" "discounted deal"etc but we didn't bite.

 

Can anybody help please?

 

thanks

Link to post
Share on other sites

Hi Cleo,

 

I would just ignore Red Castle. Otherwise, you are just playing the game as they want you to.

 

:)

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 OTHERS

 

                                            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 !:-)

Link to post
Share on other sites

  • 1 month later...
Any update on this one Cleo4patra ? Still here and subbing with interest.

Hi - haven't heard a thing since I posted on 6th April!!!!!! Haven't paid anything for nearly two years now.

 

Cleo

Link to post
Share on other sites

  • 1 year later...

hiya cleo

 

long time i know very sorry hope you are ok, catch up soon hey have updated my ms thread if you come online happy easter and catch up soon send us a msge and im intending to log in daily now cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • 7 months later...

hi all - haven't posted for a long time due to little going on - however have been contacted a while back by "SIGMARED" re the M & S card - first received a letter with someone elses details on it - then a letter with correct details. I wrote back explaining in dispute etc and they should never have been sent my details etc.To cut a long story short yesterday received a claim form on behalf of Sigmared (HL LEgal) for Northampton County Court - this is totally new territory for me. I realise I cannot ignore it but am unsure how to proceed. Felt like buckling and offering to pay but given that the "agreement" has been destroyed do they stand a chance of winning in court. The POC's of claim state "Monies due under a regulated agreement... M & S financila services ltd and the defendent.... The agreement terminated upon the defendants failure to comply with the terms of the agreement and the statutory notice of default served by M & S.... The claimant seeks interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 2.50. Any payments should be directed...... Then there is the total amount owed on the right hand side. This is over 10k so I am worried about costs etc. Would appreciate any help/guidance as I realise I need to send acknlowledgement of service form off. Thanks

Link to post
Share on other sites

Hello Cleo,

 

For Sigma Red/HL Legal to start the County Court Claim against you there ought to have been an assignment of the debt from M&S to Sigma Red. That is a proper Deed of Assignment, with you having been sent a proper notice of assignment (normally you get two letters, one from both M&S and one Sigma Red). Is that what you received "a while back"?

 

Your first step as you say is the send the Acknowledgement of Service, this at least gives you 28 days to get your response back to court. I pesume we are talking the Bulk Centre since you say it is Northampton? The form should have a claim reference number, perhaps it might be an idea to phone Northampton CCBC and verify it is a genuine claim. I note you don't mention being able to complete the AoS online, which would be the case for CCBC, and I have read of companies "trying things on" by sending what look to be claim forms direct to the debtor.

 

Then next, if it is a genuine claim, and since they are speifically mentioned in the Particulars of Claim, is a CPR 31.14 request to HL Legal asking them to send you copies of the agreement, the default notice and the termination notice. They should also have mentioned the assignment in the PoC, but I don't believe you can ask for it under CPR 31.14 if they haven't mentioned it.

 

I would suggest you then do a detailed post summarising the whole of your thread, and flag that up for the attention of the site team to get someone like andyorch or Brigadier2CJS to look in and advise.

 

Oh, and finally, I did read once about the small claims limit being increased to £10k or £15k, but I'm not sure if that has happened yet or not. I'm sure someone will be able to confirm if this is so.

Link to post
Share on other sites

Hello Cleo,

 

For Sigma Red/HL Legal to start the County Court Claim against you there ought to have been an assignment of the debt from M&S to Sigma Red. That is a proper Deed of Assignment, with you having been sent a proper notice of assignment (normally you get two letters, one from both M&S and one Sigma Red). Is that what you received "a while back"?

 

Your first step as you say is the send the Acknowledgement of Service, this at least gives you 28 days to get your response back to court. I pesume we are talking the Bulk Centre since you say it is Northampton? The form should have a claim reference number, perhaps it might be an idea to phone Northampton CCBC and verify it is a genuine claim. I note you don't mention being able to complete the AoS online, which would be the case for CCBC, and I have read of companies "trying things on" by sending what look to be claim forms direct to the debtor.

 

Then next, if it is a genuine claim, and since they are speifically mentioned in the Particulars of Claim, is a CPR 31.14 request to HL Legal asking them to send you copies of the agreement, the default notice and the termination notice. They should also have mentioned the assignment in the PoC, but I don't believe you can ask for it under CPR 31.14 if they haven't mentioned it.

 

I would suggest you then do a detailed post summarising the whole of your thread, and flag that up for the attention of the site team to get someone like andyorch or Brigadier2CJS to look in and advise.

 

Oh, and finally, I did read once about the small claims limit being increased to £10k or £15k, but I'm not sure if that has happened yet or not. I'm sure someone will be able to confirm if this is so.

thanks so much - the form is as you summised from the Bulk Centre and there is an online address to reply if needed and a claim number and password. My concern is due to the amount being 10k plus that it is a different ball game and being a novice we shoot ourselves in the foot. Also once we go down that road there is no going back? All that said I feel we should challenge due to having being sent other peoples documents in the post etc - I requested sight of the original agreement and said I would visit a store to see it and that's when they wrote saying it was not available as it had been destroyed. I need to check documentation etc for a NoA - I think we got some letters in Jan 2012 which was when we were sent someone else's details and then a letter of apology

 

thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...