Jump to content


  • Tweets

  • Posts

  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
AA99

Arrows/Shoos claimform - old M+S Credit Card debt

Recommended Posts

Hello all (friends old and new!)

 

It's been some years since I've been on CAG and pleased to say that most of my debts have now become statute barred and dropped off the earth :-)

My credit report is shot but I don't need or want credit.

 

On Thursday 6th October, I received a Claim Form N1SDT from Arrow Global, solicitors Shoosmiths, for £2663 owing to M&S.

 

After digging out my files from the garage, the basic history is:-

 

Card applied for and issued in May 2007. Their letter states, sign, date and return the green copy of the cc agreement, you keep the yellow one. So presumably (?!) they have that one.

 

By April 2009 I had fallen into arrears and on 1st May 2009 they accepted a £20 p.m. repayment plan for 1 year.

 

By September 2009 I was in serious trouble with priority bills so wrote to them explaining this and offered £1 p.m.

 

(See thread http://www.consumeractiongroup.co.uk/forum/showthread.php?192830-AA99-amp-Bankruptcy )

 

13 October 2009 M&S accepted £1 p.m. to March 2010 and they wrote on 25 March confirming payments complete under this plan and to phone them re the balance. They have never charged interest.

 

In May 2010 they accepted a further payment arrangement of £1 p.m. until May 2011.

 

I received a letter dated 8 July 2010 saying that Rockwell would be managing the ongoing payment arrangement in partnership with them and I was to continue making the £1 payments to M&S until Rockwell contacted me.

 

I continued to pay £1 p.m. until May 2011 but can find absolutely no correspondence from Rockwell.

 

We were evicted from our house in January 2012 and had post forwarded for 6 months.

 

In the paperwork I do have, which is when the DCA's tracked me down to my new address is from Arrow in July 2014, Notice of Assignment to them using Wescot.

 

February 2015 letter from Scotcall

 

August 2015 letter from Arrow advising DCA is now Moorcroft

 

September 2015 2 letters from Moorcroft

 

October 2016 N1 received.

 

Could I please ask for assistance in returning the form, also the time factors. Many thanks

 

I am completing the AOS online but do not know if I tick the box saying I intend to contest jurisdiction.

 

Please advise :-)

 

OK, I just googled it and no, I don't need to tick that box.

 

So I have filed my AOS.

Now I have 28 days to file my defence.

 

I send Arrow a CPR letter?

Copy to Shoosmiths?

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

no CCA request to the claimant

CPR 31:14 to the solicitors


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Name of the Claimant ? Arrow Global Limited

 

Date of issue – 04 October 2016

 

What is the claim for – POC reads

 

1. The claimant's claim is for the sum of £2663 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Marks & Spencer Financial Services plc (No. xxxxxxxxxxxxxx) and assigned to the claimant on 28/03/2014, notice of which has been provided to the defendant.

 

2.The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

 

3. The claimant claims the sum of £2663

 

4. C has complied, as far as is necessary, with the pre-action conduct practice direction.

 

What is the value of the claim? £2663

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card

 

When did you enter into the original agreement before or after 2007? May 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned to DCA (Arrow) who has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Original Notice of Assignment received from Arrow July 2014 advising using Westcot

 

Did you receive a Default Notice from the original creditor? No, just a letter from original creditor in July 2010 advising Rockwell would be managing the ongoing payment arrangement in partnership with them but I was to continue making £1 payments to original creditor until Rockwell contacted me

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall

 

Why did you cease payments? Payment arrangement direct with original creditor of £1 p.m. ceased in May 2011

 

What was the date of your last payment?May 2011

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes, and initially they accepted £20 p.m. in 2009, then £1 p.m. for 2 years

Share this post


Link to post
Share on other sites

all good then get post 4 done

and you are upto date with what you need to do.

bar get reading ilke threads here


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Excellent, thanks dx. I've gone rusty in the last 5 years.

 

Also wondered why this is the only debtor not showing on my credit report?

 

CCA is still £1 postal order, and no payment required for CPR?

 

Proof of posting for both or recorded?

 

No signatures from me, or sign over grey XXXXXXXXXXXX

Share this post


Link to post
Share on other sites

cert of posting shld suffice re. up to you.

yes, no payment for cpr request


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

Don't sign anything

Leave the £1po blank and uncrossed

 

1st class with free proof of posting is OK


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Thank you. Will get these both off tomorrow :wink:

Share this post


Link to post
Share on other sites

Reply received today from Shoosmiths.

 

Please remind me of the name of the website I used to use to upload scanned documents, something like Photo box ?

 

Thanks :-)

Share this post


Link to post
Share on other sites

dx has the guide re uploading


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

nowt to worry about, std stuff, they are requesting docs.

get yr defence in on time so they cant get any def judgment.

for them to prove, not you. (but, afaik, there is authority on re a (poss redacted) deed. but, no worries for now. see what they do)


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

what are they on about

 

 

MBNA have NOWT to do with M+S?

and

the OP didn't ask for the Deed of assignment

they asked for the NOTICE of assignment.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
nowt to worry about, std stuff, they are requesting docs.

get yr defence in on time so they cant get any def judgment.

for them to prove, not you. (but, afaik, there is authority on re a (poss redacted) deed. but, no worries for now. see what they do)

 

Thanks Ford, not too sure what's meant by your statement in brackets (!)

 

(but, afaik, there is authority on re a (poss redacted) deed. but, no worries for now. see what they do)

 

And when exactly do I have to get my defence in on time, thought that was a couple of weeks off yet?

 

what are they on about

 

 

MBNA have NOWT to do with M+S

and

the OP didn't ask for the Deed of assignment

they asked for the NOTICE of assignment.

 

 

dx

 

Thanks dx, my thoughts exactly!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

and presumably you meant they are muddling up MBNA and M&S

Share this post


Link to post
Share on other sites

Friday 4th Nov your defence is due AA

 

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 OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Thank you :sad:

Share this post


Link to post
Share on other sites
Thanks Ford, not too sure what's meant by your statement in brackets (!)

 

(but, afaik, there is authority on re a (poss redacted) deed. but, no worries for now. see what they do)

 

no worries, forget about that bit. as dx said, you didnt even ask re the deed, just the notice. :)


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites
no worries, forget about that bit. as dx said, you didnt even ask re the deed, just the notice. :)

 

Cheers. And did you notice they seem to be muddling MBNA and M&S??!!

Share this post


Link to post
Share on other sites
Friday 4th Nov your defence is due AA

 

Andy

 

I have calculated 31st October for Global to produce CCA? 12+2 posted on 12 October.

 

Is there a time limit on response to CPR 31.14 ?

Share this post


Link to post
Share on other sites

 

Is there a time limit on response to CPR 31.14 ?

there is sort of (see cpr 31.15), but its not like a cca request. and is rarely complied with in that time.

just mention any failure to respond in yr defence.


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

Thanks Ford

Share this post


Link to post
Share on other sites

time limits are immaterial when a court claim has been issued as such.

 

 

you file on time regardless

if they've not coughed then it will be the holding/no paperwork defence

available on numerous threads here and in the legal successes forum off this one.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Thanks dx

 

I spent a long time trying to find a holding/no paperwork defence letter and hope this is the right one........ I have to file by Friday 4th.

 

1. This claim is for £XXXX the amount due under an agreement between the original creditor and the defendant to provide finance.

2. This debt was assigned to Arrow Global Ltd on 28th March 2014.

 

Particulars

 

Re: Marks & Spencer Financial Services plc

A/C No. XXXXXXXXXXXXXXX

 

The claimant claims £XXXXXX

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

The POC state in 1. that notice of the assignment has been provided to the defendant.

in 2. that a default notice has been served.

In 4. that C has complied, as far as is necessary, with the pre-action conduct practice direction.

 

Should I not refer somewhere to the solicitors' letter stating You are not a party to the agreement they have with the seller, MBNA Europe Bank Limited, and are not entitled to a copy of the Deed of Assignment

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...