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Arrow/shoosmiths claimform - old M&S reserve Account

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I had a letter from shoosmiths threatening legal action if they didn't hear from me in 14 days.

 

I CCA'd arrow and sent a CPR request to Shoosmiths for the agreement, default notice, assignment etc.

 

I have just heard from Arrow saying that as it was an overdraft it isn't covered by CCA regulation

and Shoosmiths saying much the same and saying they will now take court action.

 

Shoosmiths also sent a statement of account

the debt they are claiming relates to a M&S personal reserve account

which as far as I was aware was a credit account not an overdraft

as I have never had an overdraft or bank account with M&S.

 

What is it best to do?

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Wait for the alleged claim to arrive......

 

Regards

 

Andy


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sri we cant allow the link CQ

 

 

dx


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Hi just thought you might be interested to know there is some information on my M&S personal reserve thread from fletch70 about a recently defeated court case where it was claimed that M&S Personal Reserve was an overdraft

Regards

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Having gone quiet for a while they have sent me the same letter again(I still have the first one) threatening legal action etc. Shall I send them the same pre action letter requesting documents again or wait until the claim arrives.

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nope you shouldn't have sent yours anyway...

simply invites letter tennis.


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Name of the Claimant : Arrow Global Limited

 

Date of issue – 5/4/17

 

Date to submit defence = 5/5/17

 

What is the claim for –

 

1.The claim is for the sum of £3600 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account(account no.0000000000xxxxxx) with Marks and Spencer Financial services PLC.

The debt was assigned to the claimant on 30/01/2013 and notice of the assignment provided to the defendant, pursuant to the law of Property Act 1925.

 

2. Payment of the above sum has been requested but as at the date herof refused.

 

3. The claimant claims the sum of £3600

 

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

 

What is the value of the claim?

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit account M&S reserve.

 

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

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Don't know

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments?On a DMP most of the debts had been assigned and the ccas didn't provide the necessary paperwork so I stopped paying

What was the date of your last payment? Sep 2013

 

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 management planicon? yes

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

the account WAS subject to the consume credit act

it was not an overdraft as it provided credit.


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All requests sent but nothing so far. If someone could give my draft defence below the once over I would be very grateful.

 

Particulars of Claim

 

1.The claim is for the sum of £3600 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account(account no.0000000000xxxxxx) with Marks and Spencer Financial services PLC.*

 

2.The debt was assigned to the claimant on 30/01/2013 and notice of the assignment provided to the defendant, pursuant to the law of Property Act 1925.

 

3. Payment of the above sum has been requested but as at the date herof refused.

 

4.The claimant claims the sum of £3600 C has complied , as far as is necessary, with the pre-action conduct practice direction

 

 

#####Defence#####

 

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.

 

1. Paragraph 1 is rejected in its entirety. I have never held a bank account with Marks and Spencer Financial Services and consequently have never had an overdraft with the claimant.

 

2. Paragraph 2 is denied the claimant has not served a notice of assignment in accordance with s136 law and property act 1925 and therefore have yet to prove they are entitled to bring this claim.

 

3. On receipt of this claim I requested information pertaining to this claim from Shoosmiths LLP Solicitors and Arrow Global Guernsey Ltd. by way of a CPR 31.14 and a section 78 ?? request. To date, no response has been received from Shoosmiths LLP other than to acknowledge receipt of the request and that they have submitted it to C. I have not had any response from Arrow Global Guernsey Ltd.

 

4. Therefore with the court’s permission the Claimant is put to strict proof to:

 

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

 

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

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) 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, 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.

Edited by Andyorch
edited

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did the formatting fail

?

 

 

you need to point out that the account is NOT an overdraft etc

as per that fletch link too


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Defence edited to suit the particulars and formatting changed......section 78 ?? is this a current account or credit agreement ?

 

Regards

 

Andy


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What was the date of your last payment? Sep 2013 Is this not statue barred?

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What was the date of your last payment? Sep 2013 Is this not statue barred?

 

No..not 6 years


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Defence edited to suit the particulars and formatting changed......section 78 ?? is this a current account or credit agreement ?

 

Regards

 

Andy

 

 

they are a credit account

it was an account whereby they gave your £3000 and a cheque book

 

 

an agreement twas signed.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436039-Marks-and-Spencer-Personal-Reserve-Debt-Some-Help-Please&p=4871163#post4871163


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So we require the exact opening date of the account to prove that no overdraft facilities were offered by M&S at that time and the defence will need to be redrafted.


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defence due by 4pm 5th may.


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No..not 6 years

 

sorry blame the virus causing my temp to rocket

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So should I add a new paragraph 2 as follows:

 

2. The account number referred to by the claimant relates to a M&S Personal reserve account opened 19/5/1997 and was a credit account and not an overdraft account as M&S did not at this date issue such accounts.

 

and what else should I add?

thanks

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So should I add a new paragraph 2 as follows:

 

2. The account number referred to by the claimant relates to a M&S Personal reserve account opened 19/5/1997 and was a credit account and not an overdraft account as M&S did not at this date issue such accounts.

 

and what else should I add?

thanks

 

No... paragraph 2 is fine now I have edited it...you could add it to your point 1.

 

Andy


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Despite having heard nothing for ages I got a judgment by default because I hadn't responded to the claim. It is date 23/10/17 but I filed my defence on 5/5/17 and have the original email I sent with acknowledgement of receipt.

I have received no other communication about the claim until now.

What should I do?

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ring the court findout what went wrong.

 

and why you've not received a Directions Questionnaire/ Notice of Allocation etc.


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They cant get a default judgment as you acknowledged service and submitted a defence...court error


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