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

[slick132]

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.

[slick132]

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.

[slick132]

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.

[slick132]

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.

[slick132]

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.

[slick132]

Hi Cleo,

 

Letter back to them saying:-

 

I thank you for your letter dated DATE and must refer you to the request for my Credit Agreement which I sent to you on DATE. I enclose a copy of this letter for reference.

In the absence of a reply, I have no intention of rescheduling the loan.

You have also failed to reply about the Default Notice which was invalid for the reasons which I drew to your attention.

You are now in Default yourselves for failing to comply with my request in accordance with the CCA 1974.

I await the Credit Agreement or your confirmation that you are unable to supply it.

I trust you will ensure that no negative markers will be placed against ny credit records about these matters - this would of course be a further breach of regulations and, as such, would be reported to the FOS for investigation.

[slick132]

Hi Cleo,

 

Amend the para about them being in default as follows:-

 

If you fail to provide, by DATE, the Credit Agreement in accordance with my request, you will be in Default in by virtue of the CCA 1974.

[slick132]

Hi TZ,

 

You should send back the application form they sent you and ask them to try and send you the Credit Agreement for YOU, as per your original request, within 14 days.

 

Tell them the Information Commissioner will be informed about them sending someone elses data to you.

 

Tell them also that the Defaults Notices should not have been sent while the a/c is in dispute because of their failings.

 

It's not a good idea to simply ignore them because of the Credit Agreement cock-up.

 

Maybe start your own thread for this case as well.

[slick132]

Hi Cleo,

 

Reading back, I can't see that you made any formal complaint to the FOS or anyone else.

 

Have you looked into using the CPR Strategy to get sight of the agreement - see Link No2 in my signature below.

[slick132]

Nice one Cleo, with good support from BRW

 

[slick132]

Thread moved to M&S forum as requested.

 

[slick132]

Hi Cleo,

 

Can you tell us exactly what you've rec'd from Rockwell and what they've said.

 

[slick132]

Hi Cleo,

 

Just inform Rockwell that M&S have NOT provided you with the response required of them by the CCA1974 and the a/c therefore remains in serious dispute.

 

Remind them of the points BRW made from the quote in post #102 above and that, if they continue to harass you, you will lodge formal complaints with the FOS and with Trading Standards.

[slick132]

Hi Cleo and don't be "despairing" about this. They are no further forward in terms of collecting on this a/c than they were months ago !!

 

It's a shame they've crawled back out of the woodwork to chase this, but you just need to stand up to them again.

 

I hope others will respond and advise as they will know better than I about M&S cases. However, I'd be inclined to write a short response as follows:-

 

I refer to your letter of xxdate.

The documentation provided to date by M&S Money fails to satisfy the requirements of CCA 1974 for reasons which I have set out before and need not repeat further.

I do not consider the account to be legally enforceable but, if you do, then no doubt you will take the matter to court. That is your prerogative but I will vigorously defend any such action.

You may consider this to be my final response in the matter.

[slick132]

Sorry if I'm repeating something said earlier, but have you looked into reclaiming penalty charges and/or PPI on the a/c.

[slick132]

Hi Beetle,

 

Don't want to hijack Cleo's thread with general discussions but..............

 

The bank's legal reps are always willing to threaten court action from the outset as that is enough to get some to pay.

 

They will then go on to issue court action (often very poorly prepared) and this will prompt some to pay or negotiate payments arrangements.

 

But when the legal reps get a decent well-prepared defence, they often drop the case like a hot potato.

 

Ultimately, it is down to preparation of your defence and having a decnt judge who is well-versed on CCA1974.

[slick132]

Hi Cleo,

 

Beetle's right. A while ago, the confession that the original doc't no longer exists would be a cause for celebration.

 

However, until the cases currently being considered are resolved, I think you should keep the champagne in the fridge.

 

Wait until we have some clearer guidance on the "test" cases and take it from there.

 

In the meantime, tell the DCA's to clear off, as there is no credit agreement for them to rely on.

[slick132]

Hi Valhalla,

 

If you haven't already done so, start a new thread in this forum to discuss your case and ask your questions.

 

[slick132]

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.

 

[slick132]

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.

 

[slick132]

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

[slick132]

Hi Cleo,

 

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

 

[slick132]

Hi Cleo,

 

As you thread's quite long already, can I suggest you start a new thread in the Debt, Legal Issues Forum.

 

Start with a very brief summary of events to date and copy any relevant documents to the new thread.

 

If you then finish this thread by giving a link to the new thread, we'll deal with it over there.

 

As said above, CPR 31.14 can be used to seek info or documents which are mentioned in the Claimant's POC's so you can ask for sight of the credit agreement, Default Notice and Notice of Assignment for starters.

 

[slick132]

HI Cleo,

 

I note your concerns but it is your right to defend the claim, initially at least. The Claimant must prove to the standards required that they have the lawful right to get the debt enforced by the court.

 

Get your paperwork sorted properly so you know exactly what you have and where it is.

 

Then start the new thread.

 

[slick132]

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