Marks & Spencer Credit Card

[PlanB]

Re: Marks & Spencer Credit Card

i know the judgment

You certainly do. You guys lived and breathed my case on a daily basis. I will never forget the kindness you all showed me throughout that horrible time in my life



Here's the blow by blow account which may not be visible to some people http://forums.all-about-debt.co.uk/s...l=1#post131152

[PlanB]

Re: Marks & Spencer Credit Card

A credit card

Did you fill in a written application for your credit card?

[jaxx]

Re: Marks & Spencer Credit Card

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?

Thanks for the responses guys but think the point is being missed somewhat here. I found a court claim for the SAME credit card account so phoned Northampton. They gave me the information that the claim had been stayed and was currently frozen due to reasons in my first post. I know this is the same debt for the same account as the account number is the same and Restons claim is the same amount DG are claiming but also includes the DG claim court fees and the DG claim solicitors costs!!! At the moment there are TWO claims for the same debt in the court process which surely cannot be right. This is why Northampton said the case cannot be moved forward until the claimant applies to have stay lifted (as I said DG applied to have claim written off but it was refused because they hadn't applied to have stay lifted first and then just left it hanging). Now Restons have picked it up and instead of applying to lift stay and move case forward they have made another separate claim. As I said originally, in the FIRST instance, I need to know whether I must file a defence in relation to this new claim or just ignore it - but I don't want to run the risk of having judgment made against me for non-compliance. Hope that makes sense???

[jaxx]

Re: Marks & Spencer Credit Card

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

Ha ha!! You certainly did xx

[PlanB]

Re: Marks & Spencer Credit Card

the point is being missed somewhat here.

Jaxx I don't think we're missing the point. I'm agreeing with you. The creditor has issued a new summons for the same debt. You need to tell the court that possibly by way of your Defence to the second claim (wait for Andrew's advice in case I'm wrong). The court system is annoyingly compartmentalized. Each claim has its own file and that won't cross reference with any other claim file unless you tell the court to do this.

Right now there is a claim on file with an AOS but no Defence filed.

As well as a Defence you should also consider whether you should ask the court to strike out this second claim because there already is a claim in process (abuse of process?).

I'm asking you the other questions about the overall situation in preparation for the day when/if the Claimant is successful in lifting the stay on the original claim and you need to be prepared to defend that claim.

[PlanB]

Re: Marks & Spencer Credit Card

I've just been alerted to a thread which you have on another forum where you say that the reason your account was declared unenforceable was due to the absence of Terms & Conditions from when you opened it. This may or may not be the case. All I know is that it is possible for the Claimant (creditor) to correct that problem prior to the Trial.

Anyway, if you can reply to the direct questions asked and send Niddy the necessary information requested, we'll take it from there

[PlanB]

Re: Marks & Spencer Credit Card

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

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

If your last payment to M&S or their agent was on 8th May 2008 the account would become statute barred on 8th May 2014. Proceedings were issued on 4th April 2014 so that would prevent the debt from becoming SB unless those proceedings are struck out which means the SB clock will continue to tick from May 2008.

However you say the original proceedings were issued in 2009 so that would have stopped the SB clock unless those proceedings were to be struck out.

This may seem like a silly question but are you absolutely sure these two proceedings are for the same debt? Do you have any other M&S/HSBC accounts from the past? Obviously this will become clear when you email Niddy both POC.

[jaxx]

Re: Marks & Spencer Credit Card

Jaxx I don't think we're missing the point. I'm agreeing with you. The creditor has issued a new summons for the same debt. You need to tell the court that possibly by way of your Defence to the second claim (wait for Andrew's advice in case I'm wrong). The court system is annoyingly compartmentalized. Each claim has its own file and that won't cross reference with any other claim file unless you tell the court to do this.

Right now there is a claim on file with an AOS but no Defence filed.

As well as a Defence you should also consider whether you should ask the court to strike out this second claim because there already is a claim in process (abuse of process?).

I'm asking you the other questions about the overall situation in preparation for the day when/if the Claimant is successful in lifting the stay on the original claim and you need to be prepared to defend that claim.

OOPS!! Sorry my error. I see what you're saying now. I'll wait for Andrew but if I DO need to file a defence to this second claim then deadline is Wednesday. I heed your point about applying for strike out of 2nd claim. It's a bit of a bugger because as I see it, then if DG solcitors were successful in writing off their own claim, then you are still not 'safe' if creditor can pass debt around to others. It's also a bit of a bugger as last payment was 8 May 2008 and they've just snuck in ahead of the 6-year SB deadline. Hey ho ..................

[jaxx]

Re: Marks & Spencer Credit Card

If your last payment to M&S or their agent was on 8th May 2008 the account would become statute barred on 8th May 2014. Proceedings were issued on 4th April 2014 so that would prevent the debt from becoming SB unless those proceedings are struck out which means the SB clock will continue to tick from May 2008.

However you say the original proceedings were issued in 2009 so that would have stopped the SB clock unless those proceedings were to be struck out.

This may seem like a silly question but are you absolutely sure these two proceedings are for the same debt? Do you have any other M&S/HSBC accounts from the past? Obviously this will become clear when you email Niddy both POC.

Hi PlanB - have had a quick natter with Tuttsi re this.

Not a silly question at all ... yes it is the same account (same number) and Restons have taken the total claimed from DG Solicitors, ie £4845.81 (£4680.81 + £85 court fee + £80 solicitors fee) and are claiming £5010.81 (£4845.81 + the £165 costs - which I think is a bit cheeky considering they are claiming the court fee and the solicitors costs from the DG claim!!).

8 May 2008 Last payment made to M&S
29 April 2009 Court claim by DG solicitors for £4845.81 (4680.81 + court fee 80 + sol costs 85)
Defence submitted
6 July 2009 Stayed by court due to no response from Claimant
16 Nov 2011 Claimant (DG) applied to have claim written off but refused by Court as they had not applied to have stay lifted first therefore invalid application
Remains ‘frozen’

4 April 2014 Court claim by Restons for £5010.81 (4845.81 + costs of 165)
17 April 2014 Acknowledged

Northampton has informed me that Restons claim cannot proceed until the stay from the original DG claim has been lifted. I’m not sure that Restons realize there is another claim for the same debt in the Court system.

I have emailed Northampton to request upload of this case onto new Gateway system.

Please let me know if you require anything further – I can upload dox if you need me to.

Many thanks
jxxx

[PlanB]

Re: Marks & Spencer Credit Card

Thanks for those two claim forms. Lucky you kept the old paperwork

In 2009 the claimant was M&S and in this new one the claimant is Arrow Global which may explain the confusion because the only common denominator between the two claim forms is the amount claimed since the first Particulars of Claim don't state the M&S account number whereas the second one does (I need to get that removed for you!).

If Andrew decides that you need to get the new claim struck out he'll probably need to provide evidence that both claims relate to the same account despite the absence of an account number on one of the claim forms. Obviously it's one hell of a co-incidence that you have two claims for the same amount of money but courts prefer to see the facts for themselves before making a decision. Hopefully you've got other paperwork at home which will back this up since the first claim went ahead with a Defence filed etc so there should be plenty of proof on the court file to link the two .

Make sure you're around tomorrow so we can try to get this sorted for you.

[Tuttsi]

Re: Marks & Spencer Credit Card

Niddy said can you post up the CCA please Jax xxxx

[PlanB]

Re: Marks & Spencer Credit Card

Niddy said can you post up the CCA please Jax xxxx

Or better still can you email it to Niddy using webmaster@all-about-debt.co.uk without removing any information from the original CCA sent to you in 2008. He needs to see the whole thing.

[Never-In-Doubt]

Re: Marks & Spencer Credit Card

Please email the CCA over with the POC (n1); T's & C's; DN, TN, NoA- anything relevant inc letters / threats.

Don't blank anything out.

[ATW]

Re: Marks & Spencer Credit Card

I would stick in a defence and refer to the stayed claim in it. Quote the case number and state that it is currently stayed. Adopt the defence from that previous claim too. You can't be expected to fight the same case on 2 different claims. They need to discontinue second claim and substitute the claimant on the first one after lifting the stay. It's got to be an abuse of process to have 2 claims for the same debt ongoing.

[jaxx]

Re: Marks & Spencer Credit Card

I would stick in a defence and refer to the stayed claim in it. Quote the case number and state that it is currently stayed. Adopt the defence from that previous claim too. You can't be expected to fight the same case on 2 different claims. They need to discontinue second claim and substitute the claimant on the first one after lifting the stay. It's got to be an abuse of process to have 2 claims for the same debt ongoing.

OK thanks!!
So … should my defence just be that .......

1. There is already a claim for the same debt Case No XXXXX which was stayed on 06/07/09 and also
2. Actually put in exactly the same defence to the original claim

Should I mention that DG Solicitors had applied for the case to be written off??? Or is that not relevant?

jaxx