M&S/DG Claimform - old M&S Card debt **Discontinued**

[dillon21]

OK thanks to citizen B i have got the cpr letter ready to go today to the solicitors with £10postal what do i ask for on a subjecu access request is there a template for that and is this the samt as asking for a cca

THANKS

Also i only need to sens cpr 31.14 to the solicitors and not mand s correct

[debt4get]

there should be a template letter for sar request in library, and cpr goes to sols

 

link here

 

sorry wrong link

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

here is link

[dillon21]

i see in the template letter it says they have 40 days to reply but i only have untill the 28th Dec for the court what will happen about this also if i have other credit cards should i also send a sar or do i onlt do that forthis one where aclaim form as been issued with the other would it just be a cca

[citizenB]

I gave you the link for the Subject Access Request in post 22.

 

Please DO Not send money with the letter to the solicitors. You do not send a copy of this letter to M&S.

 

Do send the £10.00 to M&S with the Subject Access Request. Everything you need to ask for will be in the template.

 

No, it is not the same as asking for a copy of the CCA, you are requesting EVERYTHING in respect of your dealings with the account with M&S. That will be statements, terms and conditions, diary of events, default and termination letters, copies of other correspondence between yourself and M&S.

 

Have you acknowledged service yet.

 

When you put in your defence (later) then we will include the fact that you have sent cpr and sar letters and as yet have had no response. We will ask for permission to amend your defence when all this information is to hand.

 

If you have other credit cards then yes, you should send just a CCA letter which will cost only £1.00. If and when they decide to take action against you then you can do the Subject access request. Do not create confusion by asking questions about other credit cards on this thread. Start a new one for each credit card. I have amended your title to reflect this is for an M&S claim.

[dillon21]

OK sorry didnt mean to cause any confusion yes i acknowledge service onlline

[citizenB]

Good..

 

The reason I say not to mix the card information is simply so that people who are offering advice dont get confused as to what they should be giving advice on.

[dillon21]

on the formfor mas sar what ref no di iput i dont think i have my card number

[citizenB]

Have they not put the account number on the particulars of claim form ?

that is all you need.. other than that, they should be able to find you from just your name and address.

[dillon21]

ok today have had a letter from solicitors with a notice of discontinuance what does this mean please

[IainHL]

It means you won! Merely by stating you were going to defend the claim and asking them for the documents in the CPR 31.14 request.

 

My take on it would be that when they asked for (and got, or maybe didn't get) those documents from M&S they found some fundamental flaw in them that made it unwise for them to continue the case. I was going to say impossible, but that doesn't seem to stop some solicitors.

 

I would hope for your sake that this means that the (alleged) debt will be written off by M&S. Since they started a claim but discontinued it that would seem to be the only logical conclusion. However before you crack open the champagne (or whatever is your preferred method of celebration) I would await more knowledgeable minds than mine to confirm that, having taken this action and discontinued, that they would not/should not/can not take action again. They will also be able to confirm to you what steps you should take next (for instance writing to the solicitors or M&S to confirm the debt has been written off).

 

If only more of these claims went away as easily as this!

[angel_1]

hiya all

 

just came across this thread and i really do hope it is a good ending

 

lets see what others would recommend too from the legal point of view just so we all learn and avoid any pitfalls

 

fab help from cag as always well done

 

laters angel x

[citizenB]

ok today have had a letter from solicitors with a notice of discontinuance what does this mean please

 

It means you won! Merely by stating you were going to defend the claim and asking them for the documents in the CPR 31.14 request.

 

My take on it would be that when they asked for (and got, or maybe didn't get) those documents from M&S they found some fundamental flaw in them that made it unwise for them to continue the case. I was going to say impossible, but that doesn't seem to stop some solicitors.

 

I would hope for your sake that this means that the (alleged) debt will be written off by M&S. Since they started a claim but discontinued it that would seem to be the only logical conclusion. However before you crack open the champagne (or whatever is your preferred method of celebration) I would await more knowledgeable minds than mine to confirm that, having taken this action and discontinued, that they would not/should not/can not take action again. They will also be able to confirm to you what steps you should take next (for instance writing to the solicitors or M&S to confirm the debt has been written off).

 

If only more of these claims went away as easily as this!

 

I would suggest you ring the court up first thing Monday morning, but it looks to me as though they have decided not to proceed.

 

Well done.

 

As soon as you get the official notification from the court then I will amend your title. But please, do check with the court first thing Monday.

[supasnooper]

It looks like you have scared off M&S.

 

Congratulations.

 

Please do let us know when you've spoken to the Court.

[GhostDebt]

As mentioned before, ring the court to be sure and lets us know accordingly.

[IainHL]

Hello there ruth, do you have any news for us please?

[Docman]

ruth

 

fantastic news. I noticed that even though you been a member of CAG for nearly four years, you've only just started posting this month and then on three different threads. And now this great success. Whatever you have, you should bottle it and sell it!

[dillon21]

sorry i havent been on to report back but i havent be able to get hold of the courts will try again 3mo if not tues so will be in touch

[dillon21]

got hold of court they have said they havent processed anything from the solicitors but she asked me to read to her what i had received and said that they must have decided not to go ahead just one thing thou received a load of papers from mand s by speacil deliverey what does this indicate

[diddydicky]

did you make a SAR request? it could be this

[dillon21]

Yes I Did Would They Still Sene This Even Thou I Have Had A Letter Of Discontinuence

[diddydicky]

yes it's a legal obligation- nothing to do with the case itself

[GhostDebt]

Hi ruth

 

I personally would be careful here because the court haven't actually said they have received this letter. It may be a good idea to send a copy to the court with a covering letter just to have it on record that you were sent this letter just in case they are playing silly buggers.

 

Regards

[dillon21]

Still nothing from court but also nothing from m&s will ring court tomorrow or could i check online

[dillon21]

Today in the post received a important notice from collect direct saying my account is overdue and they have been instructed to recover the amount for M&S

 

I spoke to the courts back alng and theyu asked me to send on the letter of discontinuance which i did any ideas

[supasnooper]

Did you send the copy of the discontiniuance by recorded Delivery ?

 

 

If not, get another copy to the Court by Recorded Delivery.................and add the cost to your Wasted Costs.