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

[dillon21]

No i didnt send that recorded deliv i will do it again tomorrow i still have original letter what do i do about the company who sent the letter today

[diddydicky]

if the court is not far and you have the time hand deliver it

[dillon21]

miles away from the court but will send br recorded deliv in morning but any advice what i should to about the collection company chasing now

[supasnooper]

I'd write to the DCA and inform that the case has been the subject of legal action and the Original Creditor elected to discontinue..........and advise them to research the point of "Estoppel" as to why the debt cannot be pursued further.

[dillon21]

Sorry but you have lost me(isnt hard)

[dillon21]

Oh dear

 

i have just found in amoung the statements from m&s a form with my signature on

 

Im not sure if its a cca

its one of those that fole into 3 on the first part the heading is apply fornow for m&S chargecard

orbudgetcard2nd section is about ppi which is not filled in bank details

and also additional cardholder info not filled in 3rd setion is your right to cancel data policy

then at the bottomunderneath

 

this is my signiturewhere it says sig of cardholder and date of sig which as my sig to

sorry i dont have a scanner to upload could i do it if i plug my camera into laptop sorry this is well wordy

[angel_1]

hiya

 

just popped in to see whats happened onyour case

 

catch up laters hope its good news for you in the end

 

angel x

[dillon21]

cananyone advise please not sure of next step to take thank you

 

Had a letter from court this morning acknowledging that they have received a discontinuence letter

[supasnooper]

Congrats and well done.

 

Don't forget to claim your Wasted Costs

[dillon21]

But direct collections have started chasing this debt now so what to do about them advice please

[robcag]

But direct collections have started chasing this debt now so what to do about them advice please

 

Tell 'em to do one!

 

Check back what snoops already advised in post #59 of your thread;

http://www.consumeractiongroup.co.uk/forum/legal-issues/237324-credit-card-claim-issued-3.html#post2749841

 

Keep your Notice of Discontinuance and the letter from the court very safe - forever!

 

Cheers

Rob

[diddydicky]

But direct collections have started chasing this debt now so what to do about them advice please

 

the debt still exists- they just cant legally enforce it

 

al they can hope to do is pester you

[dillon21]

Hi please can someone tell me what I need to do

 

first a chap from scotcall left a card saying he had called at my home

he's left a mobile number and a email address

 

should I text and email him telling him I will not be dealing with anyone on the doorstep

 

I don't want him having my mobile number thou .

 

Also had a letter from another company saying about court proceedings for an account that went to court a few years ago

and was discarded

 

what should I do about that one

 

Many thanks

[citizenB]

No, definitely do not telephone them. They are actually in breach of OFT guidelines simply calling on spec like that, so if you wish you can make a complaint to the Office of Fair Trading.

 

I am not quite sure what you mean about court proceedings being "disguarded" - do you mean discontinued ?

 

Could you let us know who this other company is - perhaps there is a tie in with SC.

[dillon21]

Sorry yes I do mean discontinued

they are not a related case so

 

what should I do about the guy that called

 

I think they may have sent a letter but I made no appointment with them in the mean time

 

I don't want them calling back so should I email telling them I will not be dealing with them if he calls back

 

And many thanks for your prompt reply

[BRIGADIER2JCS]

Hi, Do you really want to give an oik from ScotCall your mobile number or e-mail address, probably not!!

 

If this 'person' turns up again (you have no obligation to talk to itinerant door steppers!

 

Have the following ready to hand to any visitor.

 

TO WHOM IT MAY CONCERN:

 

TAKE NOTE:

 

I DO NOT DISCUSS ANY FINANCIAL MATTERS WITH UNKNOWN OR UNINVITED CALLERS: ANY FURTHER VISITS WILL BE TREATED AS HARASSMENT. Suitable Action WILL be take.

 

I WILL DEAL WITH MATTERS ONLY IN WRITTING AND NO TELEPHONE CALLS, MOBILE OR LANDLINE ARE ALLOWED, NO e-mail or TEXT MESSAGES ARE TO BE SENT.

 

It is my choice as to how I wish to be contacted (OFT Guidance on Debt Collection 2003/2006 up dated Nov.2012).

 

 

Which other company is contacting you?

 

Can you explain about the court case please?

[sickofdebtcollectors]

Sorry to but in

 

but was the calling card in a little brown envelope

 

if it was check and see if there was a stamp on it

 

ive had one like this in the past scotcall are well known in my area for trying to make out they have called at your address when they have not

[dillon21]

Hi

Sorry for delay but the court case was a few years ago

 

I will check when for a marks and spencer credit card it was discontinued

 

I have since bring on here last received a vacounty court claim form.

 

From weight and who have bought the debt I presume should I write to weightmans

and tell them this debt was discontinued and what should I do about filling the court claim form inMany Thanks

[Bazooka Boo]

Check your credit file.

 

Is the county claim form legit?

[dillon21]

Yes it is

[citizenB]

Hi

Sorry for delay but the court case was a few years ago I will check when for a marks and spencer credit card it was discontinued I have since bring on here last received a vacounty court claim form. From weight and who have bought the debt I presume should I write to weightmans and tell them this debt was discontinued and what should I do about filling the court claim form inMany Thanks

 

Sorry are you saying you have received a County Court Claim form for a debt that has already been taken to court and discontinued. You really must be more clear in what you are telling us ?

[dillon21]

I yes that is what I am saying it was discontinued in Dec 2009 sorry for confusing

[havinastella]

Can you scan and post up a copy of the court papers? (Remove personal information)

 

http://www.justice.gov.uk/courts/nor...sked-questions

 

Defendant frequently asked questions

How do I file a response on MCOL?

 

You will need to register for a Government Gateway account on the MCOL homepage. Once you have logged in, you will then see an option to ‘Respond to a Claim made against you’ on the bottom right hand side of the page. Log into your claim here, using the claim number and password on your N1 claim form.

You must keep a note of your Government Gateway log in details, as you may not re-register and log into your claim from a different Government Gateway account.

My password doesn’t seem to be working – what should I do?

 

Ensure the CAPS lock key is off. Input the password exactly as it is printed on the claim form - it is case sensitive and it will not be recognised unless you input the exact combination of upper case letters, lower case letters and numbers. Ensure that you are reading the password correctly – e.g. if you see a character that looks like a ‘0’ (zero), it may be an upper case letter O.

Do I have to use MCOL to file my response or are there any other ways I can do this?

 

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

go to one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[citizenB]

You will need to provide us with the following information for the Current claim.

 

Date of issue of this current claim - you will find that on the top right hand corner of the claim form.

 

What exactly does it say on the claim form - the reason they have issued the claim.

 

IMHO, your defence would pretty much focus on the original claim made back in 2009 which was discontinued.

 

Why was the 2009 claim, discontinued ?

[dillon21]

Issue date 09 sept 2013

 

Particulars of claim the defendant entered into an agreement(the agreement)regulated by the consumer credit act 1974 with HSBC BANK plc

 

By a deed of assignment HSBC Bank plc sold Ll rights under the the agreement to the claimant

 

It then goes on to say defendant has been given notice and breeched the agreement failing to make payments the defendant as been served notice

 

Amount claimed 7816.21

plus court fee 190.00

plus solicitors fees 100

 

total 8106.21