Arrow/Shoos SPR claim - 1997 M+S card debt **CLAIM DISMISSED**

[As905]

There aren’t any terms and conditions, they haven’t supplied any.

Just this application form.

 

On their new court document listing the documents they are submitting to court they refer to this as follows:-

 

Brief description of document or other evidence - Copy of application form

 

Relationship to case - Credit agreement between Marks & Spencer Financial services and the respondent dated 1997

 

Sorry do you want all the statement pages as well,

they just list payment dates and transactions over the years,

and am a bit concerned Shoosmiths will be able to identify me from them

unless I remove dates and amounts in which case they will be blank.

Let me know and I’ll upload them if you’ll advise it is ok

[dx100uk]

load of bogroll

 

what date is the next hearing?

 

dx

[As905]

Thurs 14th December. But Shoosmiths have requested I respond prior to the hearing date.

 

Is it sufficient to tell Shoosmiths just I intend to defend, or do I need to go into detail .

 

Asking because sheriff in first directions said he expected us to do our best to resolve this.

[dx100uk]

refer to the orders of the sheriff

 

use an incidental application form

copy to shoo's

 

the claimant has failed to comply to the sheriffs' orders dated xxxxx

 

produce a signed copy of the consumer credit agreement:

the enclosed doc is an application form that lacks the prescribed terms ref:s61(1)(a) consumer credit Act 1974

 

no default notice.

 

etc etc

[As905]

Sorry to be stupid here,

but am I filling in C1 which asks what I want the sheriff to do?

 

And am I asking him to further request Shoosmiths to produce the documents,

or dismiss the case as they haven’t provided them after all this time?

 

Don’t want to jump the gun here, and mess things up.

 

Hope to post up my response tomorrow.

[dx100uk]

IMHO i'd request both

[As905]

Have uploaded my Incidental Order Application Form . Would be very grateful if you could check I haven't made any blunders, or wrongly worded it before I post it off hopefully tomorrow.

incidental order App.pdf

[dx100uk]

sure check it later

well done

[dx100uk]

a few notes

their C1 - they are talking porky pies to create smoke and mirrors

1st box - copy of an application form

2nd box relationship - credit agreement - it is not its an APPLICATION FORM

 

failure to supply any relevant T&C's too make what they claim is the signed agreement even more useless

 

 

shame you used a fee paying debt management company too!

[As905]

Thanks DX .

Do you think what I have put on my Incidental Form is sufficient to send off,

I wasn’t sure if it was acceptable in C1 to ask the Sheriff if they can’t supply within 14 days to dismiss the case.

 

Also wasn’t sure if I had given enough info in my reasons C2 in explaining why the application form wasn’t acceptable and asking the sheriff to dismiss.

 

But it would be great if the Sheriff accepted my request, although the way my luck is running just now I don’t expect he/she will.

 

I also have to post the form, with 2 trips to the Post office, as I have to show proof of posting to Shoosmiths in the copy I send to the court.

 

Can’t use email because the last email I sent to the court they lost , and I had sent it because the last directions they sent from the Sheriff had a major error in them.

I don’t have much confidence in the court clerks to be honest.

 

I didn’t use a fee paying debt management company , we started with CCCS now called Stepchange , then paid M&S direct.

 

No payments were ever made direct to Arrow, M&S must have transferred them to Arrow for a few years.

[dx100uk]

says euro debt in one of those letters

 

anyway

 

add in the bits I've added

 

or emphasise it

[As905]

Much appreciated DX, I’ve added your smoke and mirrors comment and put further emphasis on the fact they are trying to call an application form with no prescribed terms a Credit Agreement.

 

Will be posted to Shoosmith tomorrow, and Court on Friday. Will wait to see what they come back with next. Thnx again.

[As905]

Yesterday I received a letter from the sheriff in response to the IOA to say he continues to consider the case and both parties to arrive in court in good time next week.

 

Today I received a letter from Shoosmiths by recorded delivery to say their client has taken a commercial view of matters and has instructed them to dismiss the case, on the basis that the action is dismissed with an award of no expenses due to or by either party. They have also enclosed a copy of a form 9E Abandonment notice which they will Lodge with the court.

 

Assume if I don’t get this confirmed by the court during next week, I still need to attend. But feeling hopeful just now.

[dx100uk]

Scan it

Email it to the clerk

Ring Monday to tell them

 

You won!!

 

Dx

[As905]

Thnx DX it hasn’t quite sunk in yet !,!

 

Was gearing up for Shoosmith to argue the terms would have been on the back of the form and had found an interesting judgement on that subject, albeit a county court one.

 

Thanks again for all your support and advice throughout.

 

And a donation on its way shortly to CAG.

 

It was great knowing you were there,

willing to point me in the righ direction and keeping me right on responses to the court.

 

Without it I don’t know I would have had the nerve to attend a court and challenge this.

I know you are involved helping many other people in similar circumstances ,

and wish you and them every success.

[dx100uk]

doesn't matter if they were on the back

it was an application form.

it was not a credit agreement.

 

whats that now shoo's 7 nil to me if you are reading CAG...

 

tnx the donation..:yo:

 

there no harm in asking the clerk about your costs as well

if there is any thing you can do.

they need to be punished for making all these speculative claims

but they never are.

 

dx