Marks & Spencer Credit Card

[jaxx]

I have a M&S credit card which I am assured is unenforceable. I have been issued a court claim from Restons (dated 4 April so Defence due 7 May), however it’s not quite that straightforward.

DG solicitors issued a claim on the same account in 2009 and I submitted my Defence. It was then stayed on 6 July 2009 due to no action due to no response from claimant.

DG Solicitors made application to have it written off on 16 November 2011 but it was not a valid application because they did not apply first to have stay lifted – it is therefore frozen and remains so. (This information was given to me by phone by Northampton)

I have been advised by M&S recently that it was assigned to Restons who have now issued another claim on the same account (AND claiming the court fees and DG solicitors costs too!!).

Have spoken to Northampton also gave me the following information…………..

Restons claim (new one) - Northampton said I don't need to do anything (not even acknowledge receipt although I have) and I don't need to put in defence as it's already in from 2009. Before Restons can proceed they have to make application to lift stay. I'm not sure they realize that there was a previous claim and that it had been stayed.

My question is ……….. should I submit a Defence in any case?

I'm a bit worried about not replying with a defence as I don't want judgment made against me because I haven't responded!!

I too had previously applied to have case struck out but going back through my paperwork I realize I didn't make a valid application as I did it by letter and not on an official court form!

The other point I should make (if relevant) is that the last payment made to M&S was on 8 May 2008 PLEASE HELP!!

[cookie2112]

Re: Marks & Spencer Credit Card

Hi Jaxx, I can't offer any advice but didn't want to read and run..wanted to at least offer support. Someone more useful will be along soon to advise I'm sure.

[Never-In-Doubt]

Re: Marks & Spencer Credit Card

I've asked Andrew to pop in -

[Sapphire]

Re: Marks & Spencer Credit Card

See hunny, I said the service here was impeccable, oh and I'm pm'ing you.

[PlanB]

Re: Marks & Spencer Credit Card

Hello Jaxx and to AAD

May I simply ask whether this account was previously a M & S storecard which was 'transformed' into a credit card around 2003?

I have a good reason for asking.

[Deepie]

Re: Marks & Spencer Credit Card

Hello Jaxx and to AAD

May I simply ask whether this account was previously a M & S storecard which was 'transformed' into a credit card around 2003?

I have a good reason for asking.

I bet you have...........

[Never-In-Doubt]

Re: Marks & Spencer Credit Card

Hello Jaxx and to AAD

May I simply ask whether this account was previously a M & S storecard which was 'transformed' into a credit card around 2003?

I have a good reason for asking.

You took the words right out of my mouth..... Who was the solicitor with Santander v Mayhew? ie the claimant?

[PlanB]

Re: Marks & Spencer Credit Card

I bet you have...........

Funny you should say that

Jaxx PlanB is "Mayhew" in this Santander vs Mayhew case which successfully proved to the court that a creditor cannot send unsolicited credit tokens (i.e. a plastic credit card) through the post. Ignore the disclaimer by M & S on the bottom of the article. They would say that wouldn't they

http://www.bbc.co.uk/news/business-17670803

[PlanB]

Re: Marks & Spencer Credit Card

Who was the solicitor with Santander v Mayhew? ie the claimant?

Howard Cohen represented the Claimant (Santander) which lost, and Watsons solicitors represented the Defendant (me) who won.

Here's the judgement http://www.bailii.org/ew/cases/Misc/2012/14.html

[PlanB]

Re: Marks & Spencer Credit Card

I have a M&S credit card . . . . I have been issued a court claim from Restons (dated 4 April so Defence due 7 May), however it’s not quite that straightforward.

DG solicitors issued a claim on the same account in 2009 and I submitted my Defence. It was then stayed on 6 July 2009 due to no action due to no response from claimant.

DG Solicitors made application to have it written off on 16 November 2011 but it was not a valid application because they did not apply first to have stay lifted – it is therefore frozen and remains so. . . .

I have been advised by M&S recently that it was assigned to Restons who have now issued another claim on the same account . . .

I too had previously applied to have case struck out but going back through my paperwork I realize I didn't make a valid application as I did it by letter and not on an official court form!

M&S accounts are underwritten by HSBC. DG Solicitors are part of the HSBC group. It seems they issued the original proceedings in 2009 which according to you have been stayed indefinitely presumably with liberty to restore (maybe not). Normally the claimant would have to apply to the court to have the stay lifted before making any further applications. From what you say both parties have made applications in relation to that claim which the court have not accepted because of incorrect legal procedures by your own admission (a letter to the court is not a formal application).

HSBC (on behalf of M&S) have now instructed Restons to take the matter forwards. You say that Restons have issued new proceedings possibly not aware that there are already proceedings in the pipeline albeit they are stayed. That's no excuse but possibly an explanation for this bizarre situation.

Wait to hear what Andrew has to say, but my instant reaction is that Restons' application should fail for loads of reasons. I would like to think that you can't have simultaneous court claims for the same debt.

[Never-In-Doubt]

Re: Marks & Spencer Credit Card

Howard Cohen represented the Claimant (Santander) which lost, and Watsons solicitors represented the Defendant (me) who won.

Here's the judgement http://www.bailii.org/ew/cases/Misc/2012/14.html

Thanks for clarifying

i know the judgment

i use this link -> http://forums.all-about-debt.co.uk/s...nder-vs-Mayhew

[PlanB]

Re: Marks & Spencer Credit Card

it was not a valid application because they did not apply first to have stay lifted – it is therefore frozen and remains so. (This information was given to me by phone by Northampton)

Have spoken to Northampton also gave me the following information…………..

Restons claim (new one) - Northampton said I don't need to do anything (not even acknowledge receipt although I have) and I don't need to put in defence as it's already in from 2009.

The Northampton court staff do try to be helpful but they are not legal advisers and sometimes they get it wrong.

I'm not sure they're right to tell you that you don't need to file a Defence to this new claim. The Defence you filed in 2009 was for a different claim. Your Defence to this new claim may be that there is already another claim in existence (wait for Andrew's guidance on this point) but the court isn't psychic, so unless you tell them that how will they know that?

[PlanB]

Re: Marks & Spencer Credit Card

I have a M&S credit card which I am assured is unenforceable

What reasons have you been given for this account being unenforceable?

Have you sent the creditor a s.78 CCA request and if so what did you get back from them? Do you have proof that your CCA request was sent/received (if you made one)?

If you have been sent a CCA in response to a s.78 CCA request can you please email it to Niddy using webmaster@all-about-debt.co.uk

It would be helpful if you could also email Niddy the Defence you submitted to the original claim in 2009 so he will know what's on record with the court albeit a different claim to the one you are now having to deal with.

Please also email the POCs for the original claim (2009) and the recent claim.

[jaxx]

Re: Marks & Spencer Credit Card

Hi Jaxx, I can't offer any advice but didn't want to read and run..wanted to at least offer support. Someone more useful will be along soon to advise I'm sure.

Ta muchly

[jaxx]

Re: Marks & Spencer Credit Card

Hello Jaxx and to AAD

May I simply ask whether this account was previously a M & S storecard which was 'transformed' into a credit card around 2003?

I have a good reason for asking.

A credit card