Hi ...... If they aren't contacting you, let sleeping dogs lie .... and the SB clock keep ticking. (but to answer your Q - yes, as long as your correspondence contains the heading that you do no acknowledge the SB clock is safe).

I didn't contest jurisdiction of the court - as I read that means that you don't believe the court has authority to deal, and is not related to where any hearing will be held, which I believe will be the nearest court to me ? Did I do the right thing (which hopefully will be academic once they see the basis of the dispute - non-compliant store card agreement (which is actually an application form), provided as a CCA in respect of the credit card it was changed to (unsolicited). The OCs original defence, when challenged on this, was to say that a set of modified t&cs were issued with the card, and that therefore means that the signed CCA for the original store card (as I say no pres terms in that doc in any event), stands for the credit card too (the modified t&cs showing all the changes). What a LOAD of old carp !! Anyways, as I say they were told this, and then the account was sold on .............. and we now of course have the recent court case to throw into the mix. I also have a very defective DN to boot !!! Abs

Ok, acknowledged on line today, which is well within svc time as dated - this gives me 28 days to submit a defence, by which time they should have stayed, have my letter detailing the dispute issues and why the account is unenforceable - which hopefully will lead to a withdrawal of their claim.

Oh .. the buggers !! I have just read the docs PROPERLY - and I can acknowledge on line, and then have 28 days (I think) to submit a formal defence (by which time it should be stayed, and withdrawn by them, once they see the cut of my jib !! LOL Will keep you up to date on this ... with thanks again ... Abs x

Thanks DX ... I'm pretty good on the enforceability of CCAs, and try to help others where I can ... but this is my very first episode with court papers ... and I really value your help. So you would suggest doing the online procedure, and calling the court to ascertain if a stay has been submitted by HL ? Or, complete them longhand, inc all my defence docs and send that into the court ? Also calling to see the stay has been submitted by HL (or do you submit your defence on line too ?). Sorry, I am a complete novice at this ... so would welcome your guidance. Abs x

Yep .. already know about this, and this has already been argued with MS (even before the above court case). But they still sold it to Sigma - and HL have still sent the claim form. Now i've told HL about this and as I say they have agreed to stay .. but in the meantime my question is should I still respond to the court claim papers or what ? Abs

H there, The OC is MS (store to credit card) - sold to Sigma with HL Sols - seeking interest claim from date of purchase. Have agreed to stay the claim (nhampton court bulk, I am in nwest, until they have spoken to OC, and looked at the docs, inc docs I am going to send them illustrating the dispute. Upon which they will decide to pursue or refer back to the OC. I know they have no where to go with this, the cca for the ccard, was actually for the original storecard, notwithstanding the fact that even if that were permissible, the CCA for the store card is an application form, with no prescribed terms within its execution. This was argued with MS who initially argued they could be located within the t&cs (totally sep doc), then eventually just stopped responding when challenged on the various points they cited, inc the fact that they claim the OFT were perfectly happy for them to send out unsolicited CCards, with just a modifying t&cs. But don't want to end up with a CCJ for these costs by not formally lodging a defence, just in case they don't/forget to stay the claim Abs

Anyone on the forum who can give a bit of advice on them BB ? I just need to know whether to lodge my defence on line, just in case they don't stay them, or accept that they will not be pursing whilst they "review" the matter ... which they said may involve "selling it back to the OC" .... !!! I did giggle at that !!

By the way, they have agreed to have the claim "stayed" until they can investigate my dispute with the OC further ... do I need to do anything with these papers in the meantime ? , Or just keep them in case they decide they want to take a punt on the interest requested ?, Abs

Hi B, No its not BC .... what does splitting the claim mean ... this is my first venture into court forms ... and whilst I think I know, I just want to make sure, Abs x

Hi all, Claim form recd today from a solicitors today, on behalf of the asignee - they are requesting payment of not the whole amount of the disputed account, (but to save me higher fees, as they have explained to me !), they are only asking under the County Court Claim form, for interest of 8% on the debt since its purchased. I have refused, and reiterated my dispute ... but wondered heard anything like this before ? What does this imply ? As I think they know its bogus, hoping I'll pay the reduced amount, and therefore admit liability, they tried to get me to do over the phone ..u A

Hi, If there is no reference to the preference account on the docs they have sent you, and this clearly only relates to the car finance (which is the same way I got mine if you read through my posts on this ), then they have clearly failed to satisfy your CCA request, in respect of the pref account. Write back and tell them so, they have already recd your £1 for a copy of CCA in respect of the pref account, so no need to send another, or indeed SAR them at this point (which is a £10 fee). You advise them that the account is officially in dispute, until they satifsy you request regarding the Preference Account held. Now, they may well try the old "this is an overdraft facility and as such is a bank account, which don't have CCAs, and are neither regulted by the CCA74", if you have had a good read through my BOS posts regading my own account (and others), you will see that this is total carp - but we'll deal with that if they also try it on with you. In the meantime, get a copy of your credit record (sign up for the free 30day trial and then cancel, try experian, or "check my file" - who hold the records of experian, equifax and callcredit" - look to see what they have registered the account as with the CRAs. If they are true to form it will be a credit card - if so - ibingo we have them. Hope this helps ... shout for more guidance if needed ! Abs x

Whats the issues Sarah ?

Update .... despite HL solicitors being advised of the situ, they have left a msg on the answer machine for me to call them. Bless 'em - hope there not upset when I don't accept their kind invitation .... !!!!

Told you, I'm having some real issues with links, upload, inserts etc .... even having to manually input the para splitter so my post doesn't all merge into one ...... its driving me INSANE !!!!!!!!!!!!!!!!!!!

Here the link to the judgement to copy and paste ......... http://forums.http://forums.moneysavingexpert.com/showpost.php?p=53600973/blog_attachment.php?attachmentid=56&d=1332300299 (which is in PDF format) I've just found it and had a read, and supports the dispute of the debt already I've already submitted to M&S over 2 yrs ago (and which I have prev advised also forms part of your defence too) , which is power to the cause for all ! (apologies for link and not uploaded PDF, as I can't upload or insert anything due to major system probs with my account - which is incredibly frustrating, and which I have AGAIN asked the site team to look at for me). Hope this helps Abs x

Just to chip in on this, firstly well done for getting the PPI refunded directly, your angle was clever and well thought out .. well done !! I too am in the store card to credit card club .... they tried all the routes they appear to with yourself ... apart from no pres terms in the store card app sent as a CCA (which they said, the pres terms may be in any sep document they choose (interesting interpretation of the CCA74 I thought !) .) . When questioned why they had sent a (non-compliant) CCA for a store card, when they were attempting to enforce collection on a credit card, they told me the store card was switched to a credit card, and no new CCA was reqd because the OFT told them they didn't need to ..... really .... well thats not quite true as its all over the free press that the OFT publicly flogged them for this action, and made them sent all new transfers on a new CCA ... of course the ones that pre-dated this never ever recd a new CCA for the credit card ...... which was their undoing ... When I raised this in my response letters to them, and again asked for them to direct me to the pres terms within the 4 corners of the agreement, they told me they "were not prepared to answer any questions, and if I was unhappy go to FOS ....... a victory in my eyes (and thats without a bogus DN to fall back on on in court & the new Santander judgement) ..... so I have to agree with whats been said, if you are one of the store to credit card transferees, with no new CCA - Marks know they are stuffed, and once you advise them, that you also know they are stuffed, you'll find the letters and threats very quickly dry up ... and then they will sell the debt on to a poor unsuspecting DCA ... I'm way, way down the line with this (my account sold to Sigma .... poor sods), so if anyone needs any help or comments on what I've expereinced with them, and how I've dealt with it, I'm happy to help ... Abs x ps - APOLGS FOR NO SPEECH MARKS/BOLD/ICONS .. ETC ... AS FOR SOME REASON IT WON'T LET ME INSERT ANY, AND I ALSO HAVE TO INSERT PARA SPACES MANUALLY ... COULD ONE OF THE MODS CHECK THIS OUT FOR ME, I HAVE REPORTED BEFORE, BUT NO REPLY/REMEDY. AS ITS PRETTY FRUSTRATING WHEN POSTING ....

Card was a VISA DEBIT card.

Thats a good idea ..... although I suppose it depends if they subscribe to the system ... I was also going to say, and if you have a visa debit card, but I think all standard debit cards are visa (electron being for basic accounts).

Many thanks John for the above ..... funny though, when I called my bank to ask how a payment had been processed on a cancelled card, and they informed me it was on my new card ... I was told that the bank DOES not give any card details to 3rd parties, and that other than my giving the card no myself, they had no explanation as to how the retailer had gotten hold of the details ..... !!!! It was when I called the retailer, it was they who explained this visa update .... but I can't find it anywhere on my banks internet site, or the retailers site either ... in fact the retailer says you have to ring to update your details as soon as your card is no longer active. I'm pretty annoyed that I knew nothing about this, and previously this has not occured with the same retailer (ie when cards are updated etc) ..... having said that I do now ... !!! Abs x

Thanks CB !! x .... J, how is that possible, if you have not authorised it from that particular card, is really where I am confused and a little peed off with my bank and the retailer ..... !!

Hi all, Did you know that when you use a debit card to buy purchases, with a regular retailer you use frequently, if for example you are buying anything on an easypay basis, such as shopping tv offer - if you cancel your debit card, if lost, stolen or whatever - the bank can apparently give such retailers your new debit card details, for them to continue taking payments from your bank account - and apparently without your (ie the bank account holders) permission or express authority to do so .... is this not in breach of Data Protection Act ??? Apparently called "visa update" .... Anyone any experience of this .... have to say its a new one on me .... !!!

No probs .... I will of course keep you updated, and here to help when and where I can .... x

Well when I stated they could not change one type of credit facility to another (store only use in 1 store with a low credit limit, to a credit card with a limit in the 1000's), they replied yes they could, the OFT said it was perfectly ok. Really ? I replied, thats funny becuase in the open press the OFT publicly slated you, told you that you had broken consumer law, and demanded that you send out new agreements for signature to all future transferees ... Their response to this, and even if the could reply upon the store card app, it does not comply with the CCA74, in its absence of prescribed terms, was .... wait for it .... "were not prepared to engage in any further communication in the matter, unless its for myself to make payment " ... and do you know what, they never sent me another letter .....so sort of tells its own story that.... thats of course until the poor DCAs had a go, and they finally sold it to poor old Sigma ... who not only bought the debt whilst in dispute (so in breach of OFT regs), but also can't pursue it due to above ... !!!! I actually miss the letters ... they were good fun to play with ... !! Abs x

That will be the lady who started the thread on page 1, with the first post - Maureen 1, who has posted on behalf of her Aunt. We're going throgh the process of seeing off DCAs (M&S already having given up) - with myself being someway along the line with this, providing guidance and templates, that I've already used in my defence (as her complaint is of the same basis i.e store card changed to credit card (without consumers request), CCA provided on request is for the old store card, with the CCA provided being an application form with no prescribed terms located within it in any event !! (same old, same old, really). We also have a dud DN I believe - which I've advised not to raise at this point, as it is a dish best served cold in any court proceedings that may be brought. So IMHO they are well and truly snookered with this, and I expect maureens aunt's debt to also be sold on, as mine and plenty others in the same boat have recently been (which is where Sigma and HL Legal join the game) Hope this helps Abs x>