Marks & Spencer Credit Card

[jaxx]

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.

Done

[jaxx]

Re: Marks & Spencer Credit Card

Niddy said can you post up the CCA please Jax xxxx

Herewith

[Never-In-Doubt]

Re: Marks & Spencer Credit Card

Done

Forwarded to Andrew. Await his reply.

[ATW]

Re: Marks & Spencer Credit Card

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

i would do 1 & 2 so that you are protected whilst we look into this. In the defence add the following paragraph:

Claim number.....................is already proceeding in the ............. County Court regarding account number........................ This is the same account as is being pursued here. The original creditor was ................... who claim to have now assigned the account to the current Claimant..................... I cannot be expected to defend tha same claim from 2 different Clamants at the same time. I request that the current claim is struck out as an abuse of process and in this regard I refer the court to Buckland v Palmer [1984] 1WLR 1109. I beleive that the correct way to have proceeded with this would have been for ....................... to have applied to substitute themselves as the Claimant in case...................... rather then to issue fresh proceedings.

If they discontinue don't forget to claim your litigant in person costs from them.

[jaxx]

Re: Marks & Spencer Credit Card

Thank you thank you ATW.

Am just off to work so will get on to this as soon as I get back this afternoon.

Is it worth also mentioning that original claimant applied to have claim written off and that it is now stayed and has been since July 2009???

[ATW]

Re: Marks & Spencer Credit Card

Thank you thank you ATW.

Is it worth also mentioning that original claimant applied to have claim written off and that it is now stayed and has been since July 2009???

You can do but i dont think it will add much. The main point here is that there is already a claim against you for this debt and it is live (even though its been parked)

[Never-In-Doubt]

Re: Marks & Spencer Credit Card

Thanks Andrew. It's unfortunate that Jaxx waited 3wks for nothing on a lesser medium than AAD.

Hopefully she's now on track to put a stop to this abuse of process.

[Tuttsi]

Re: Marks & Spencer Credit Card

Jaxx was so frustrated at not getting the help on the site where she was, it was I who coerced here to AAD I cannot thank you guys enough for your amazing response.

[jaxx]

Re: Marks & Spencer Credit Card

Jaxx was so frustrated at not getting the help on the site where she was, it was I who coerced here to AAD I cannot thank you guys enough for your amazing response.

I second that!!

[jaxx]

Re: Marks & Spencer Credit Card

A question ..... Can M&S actually SELL the debt when they already have a court claim running?

[PlanB]

Re: Marks & Spencer Credit Card

A question ..... Can M&S actually SELL the debt when they already have a court claim running?

A quick answer. Do what Andrew told you to do asap.

You've run out of time to do anything other than what you have been advised to do.

Andrew has told you how to safeguard your legal position. Why question that?

There will be time to ask more questions later.

[jaxx]

Re: Marks & Spencer Credit Card

This is my Defence (such as it is) ... can ATW cast his expert eye over it and just confirm it's OK to go please? Or amend as necessary. Many thanks

1. The Defendant does not admit any allegation made in the Claimant's Particulars of Claim, and has never entered into any agreement with Arrow Global Limited.


2. The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. The
agreement referenced in the POC is totally non-compliant with s61 as it
is missing ALL of the prescribed terms and as such is completely
unenforceable under s127(3).

3. There are further reasons for the Claimant being required to produce
at an early stage the agreements upon which their claim is based, if the
agreements lack the statutory content required by s60 & s61 (1) Consumer
Credit Act 1974 and the Consumer Credit Agreement Regulations 1983 (Reg
2 and schedules 1,2 &6) then the Defendant may well be able to raise
arguments as to the proper execution of the agreements and most
importantly the Defendant may be able to raise a strong argument as to
the enforceability of the agreements too. The issue of enforceability
has been before the Court of Appeal and House of Lords on numerous
occasions and the Defendant would cite primarily the case of Wilson and
First County Trust [2003] UKHL 40 as the leading authority on
unenforceable credit agreements. The most notable paragraphs are 28-31,
46-51 and 69-74 of Lord Nichols of Birkenheads judgment, although there
are many many more authorities that confirm non-compliance with the
strict requirements of the 1974 Act, although somewhat harsh, leave the
agreement unenforceable and the court has no discretion to intervene if
this is the case.


4.The claimants particulars of claim are vague and fail to disclose any
cause of action, they appear to be an abuse of the process in that they
fail to deal with the basic rules of pleading in accordance with the CPR.


5.Even making allowance for the Northampton Bulk Regime the claim fails
to disclose sufficient information as required by the CPR, there is no date
of alleged default or details of any default notice served in accordance
with s87 (1) Consumer Credit Act 1974, the claim is missing vital
information.

6. Without admission that any cause of action is shown by the Claimant
it is denied that the Claimant has a claim whether as pleaded or at all.

7. No documents supporting the claims in the particulars have been
offered which the Defendant needs to establish what agreement it is that
this action is based upon.

8. Furthermore Claim number.....................is already proceeding in the Northampton (CCBC) County Court regarding account number xxxxxxxxx. This is the same account as is being pursued here. The original creditor was Marks & Spencer Financial Services who claim to have now assigned the account to the current Claimant Arrow Global Limited. I cannot be expected to defend the same claim from two different Claimants at the same time. I request that the current claim is struck out as an abuse of process and in this regard I refer the court to Buckland v Palmer [1984] 1WLR 1109. I believe that the correct way to have proceeded with this would have been for Arrow Global Limited to have applied to substitute themselves as the Claimant in case...................... rather than to issue fresh proceedings.

[Never-In-Doubt]

Re: Marks & Spencer Credit Card

A question ..... Can M&S actually SELL the debt when they already have a court claim running?

Quick answer - yes!

[PlanB]

Re: Marks & Spencer Credit Card

Hi Jaxx.

Is that a duplicate of the exact Defence you filed in 2009 with Andrew's new advice added as Paragraph No 8?

Hopefully Andrew will find more time to comment but you need to get your Defence into the court tomorrow by fax and/or hand delivered since that is your absolute deadline.

I expect you'll be told to send a copy to Restons (solicitors on record for the Claimant Arrow Global) too and let's hope when they see that they will agree to discontinue with costs to you if you ask them nicely. Although Restons don't 'do nice'.

I know you may have to go to work tomorrow but you need to make this a priority or the Claimant can apply for a summary judgement against you tomorrow. If there's nothing recorded on the court file to say you've filed a Defence I expect they'll probably achieve their aim at the click of a mouse.

[jaxx]

Re: Marks & Spencer Credit Card

Hi Jaxx.

Is that a duplicate of the exact Defence you filed in 2009 with Andrew's new advice added as Paragraph No 8?

Hopefully Andrew will find more time to comment but you need to get your Defence into the court tomorrow by fax and/or hand delivered since that is your absolute deadline.

I expect you'll be told to send a copy to Restons (solicitors on record for the Claimant Arrow Global) too and let's hope when they see that they will agree to discontinue with costs to you if you ask them nicely. Although Restons don't 'do nice'.

I know you may have to go to work tomorrow but you need to make this a priority or the Claimant can apply for a summary judgement against you tomorrow. If there's nothing recorded on the court file to say you've filed a Defence I expect they'll probably achieve their aim at the click of a mouse.

Thanks Plan B This is not quite a duplicate as the other Claim Form was missing more information than this one. I have incorporated what Andrew gave me in this Defence. Just really want to make sure I am not talking gobbledegook!! I don't have to be in to work till a bit later tomorrow so can do an online Defence and will be home early (as luck would have it I'm only working 3 hours a day this week). At worst I can fax it from work. Think it has to be in by 4pm?? Am really grateful for all the help I've had here. If I'd known where you were I would have come on as soon as I got the Claim issued, but at least I'm here now and all thanks to Tuttsi!! Hey ho ..........