Debenhams Store Card PPI ***Urgent Help Required*******

[citizenB]

I am trying to get some help from some guys on the site team and I am still looking for any law that you might need to reference.

[Kate1973]

Hi Citizen

 

This was originally a store card which was ported to a CC. I am just converting the scan of the DN now. I will upload shortly. I am currently preparing my WS as we speak, but it is taking ages!.

 

Many Thanks

[Kate1973]

Hi Citizen, heres the DN, thanks

Debs DN 2010.pdf

[citizenB]

Right, I think there is something that can be argued in respect of store cards that were converted to credit cards..

 

You would have signed the Store card agreement.. but probably never an agreement proper. Will try and find some more on this.

 

BRB

[citizenB]

This information is in respect of M&S cards, but I would assume that if you had just been sent a credit card in replacement for your Debenhams Store card - the outcome would be the same..

 

It is unlikely that you would have either signed an agreement which carried all the prescribed terms which no doubt would ahve been different to the store card.

 

 

 

 

 

http://www.oft.gov.uk/news-and-updates/press/2003/pn_128-03

 

I dont know whether the link above will work , so have attached a pdf copy of the information.

 

Clearer card choice for consumers - The Office of Fair Trading.pdf

 

MSFS had sent out letters to many card holders saying that its store card would automatically be replaced by the &More credit card unless card holders objected. Under section 51 of the Consumer Credit Act 1974 it is an offence to send a credit token to a consumer unless it has been requested in writing.

[citizenB]

http://www.journalism.co.uk/press-releases/high-court-judge-creates-a-legal-precedent-concerning-mis-sold-payment-protection-insurance/s66/a539539/

 

The above relates to unfair relationship on a loan but I guess the same principle can be used for revolving credit accounts too.

 

 

ims21 found the above for you.

 

so you would be looking for :

 

Yates v Nemo

Wollaston v Black Horse Finance

MBNA v Thorius

[Kate1973]

Hi

 

I'm not 100% sure that the account was converted, it was upgraded to a Gold account in Jan 2008?? I'm not sure i would be confident in stating this when not absolutely sure?. Thanks you for the legal cases, just what i want to include!.

 

I'll post up my WS which i've done so far, if someone could have a look at offer any advice?? I have to get all of this posted tomorrow, with a copy of this and my evidence file taken to court also tomorrow.

 

Thanks again peeps, very much appreciated

[citizenB]

MBNA v Thorius

 

 

mbna-europe-thorius[1].pdf

[Kate1973]

Ho Folks

 

I'm having major trouble getting my documents converted. I really need someone to look at my WS asap as i need to send tomorrow and i am at work tomorrow so has to be done tonight.... I've attached a word file if this is readable??

 

Thanks

Debs witness stat CAG Version.doc

[slick132]

Hi Kate, Looking in as asked by CitB but please be aware I am not the best at this stuff but am trying to help as best I can.

 

Re your WS about PPI, I wonder if you should leave out point 3.

 

Surely, it is for the claimant to prove the debt and, to do this, they need the original properly executed Credit Agreement. By saying you don't deny entering into an agreement in the counterclaim WS, you may compromise your position.

 

Point 18 could be altered to correct a typo (changed should read charged) but I think it could read better :-

 

Contractual interest is being claimed as this is what has been charged to the defendant during the course of the account operation.

 

[dx100uk]

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

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

or use word and save as pdf

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.

then hit reply button

dx

[Kate1973]

Hi Slick, In my defence & CC i said the same, as per post #146 i have just amended it slightly as per CitB's comments. Thank you for spotting the typeo, now changed.

 

To be fair it has to be said that i am not feeling great about a court appearance, the hearing alone was very scary for me and i am not a lawyer!. it does make me mad though as the sols have clearly been ill advised due to some of their denials wher i have evidence to the contary. The cases, especially MBNA one are just what i need to hopefully back things up. I've spent about 9 hours today working on this and really need to feel a bit more positive. I just hope that what i have done is enough.....

 

Many Thanks

Debs WS.pdf

[Kate1973]

*Bump*,

 

any more advice greatly received. Will need to do any necessary last minute adjustments in the morning now.

 

Thanks

[slick132]

Hi Kate,

 

The PDF doesn't yet reflect the change suggested for para 18 !?

 

As a Litigant in Person, it is daunting but you can only do your best on the day. If you've already appeared at court, I'm sure you will be more confident at your next visit.

 

[Kate1973]

Hi Slick

 

No sorry it doesn't as this was what i was trying to download earlier, it just took ages for some reason!. I have amended the original version though.

 

Thanks, just not a situation i want to be in but hey ho i'll do my best......

[citizenB]

Hi Kate,

 

I can understand what slick is saying in advising you not to compromise your situation and letting it be for the opposition to prove there is any thing owed - so perhaps remove 3 and renumber.

 

I notice you have lots of lower case " i " when they should be Upper Case " I "

 

Other than that I can see nothing else.

[AndyOrch]

Subbing

 

Andy

[Kate1973]

Hi

 

Well i delivered said papers to court, did not get chance to change at the last minute as was already at work. I really hope i've done enough as it has been really stressful and hard work. Thanks to all for advice and help, now need to concentrate on reading up on cases in my WS ansd their cases they are replying on. If anyone has any advice for this stage much appreciated. Andy, sorry but not sure what subbing means??

 

I have also missed out on mediation which i fear is not really in my favour??

[gezwee]

Hi Kate

 

Are there any reference to disclosure within w/s not previously before the court, ie: anything mentioned not already served on the other side? If you want to rely on data make sure they have copies at least a week prior to hearing.

 

Subbing = subscribing........ usually means someone's taken an interest

 

Gez

[MoralMinority]

Kate - as someone who is currently arguing with 'Escalations' aka Santander via Debenhams to get back my late charges I wish you the best of luck. Stand your ground, you are laying out a fantastic template for others to pursue action through the courts. Well done.

[Kate1973]

Hi Guys, update time.

 

To say i'm stressed now is an understatement. Have spent nearly 4 hrs scanning & sorting docs as i'm not the best with the laptop!

 

Just when i think i'm doing well and feeling a little more comfortable about a hearing things have happened.

 

Firstly apologies as they are separate docs (don't know how to make it 1 doc!)

 

1. Fri i had an e mail from Mediation to quote "no record of my call to them of 8 Feb" as i called them to see if it was too late for mediation. Also state in e mail that HC have made no contact with their service but hey have contacted them and he would have been interested in telephone mediation but they do not usually contact the mediation service as they have thousands of cases and they mediate on the majority of them. He has said that they usually leave it to the Defendant to make contact with the Mediation Service first. Mediation e mail said i could contact him if i wish..... So i think o.k, i didn't ring but at least i made an attempt albeit very late. See below as they have a letter from mediation dated 15 Dec acknowledging their request for mediation so why do i get an e mail confirming no as they don't contact etc???????

 

2. today i have received the following supplementary witness statement in response to my evidence & witness stat (I know this was posted on Day 14 before hearing so arrived 1 day late)

 

Has now just taken me 3 hrs to get docs uploaded and on here!!

 

Help!, am now very concerned, will i automatically loose, the court papers were in on day 14 but i posted to HC on day 14 so it arrived on day 13.

Points of my stat such as DPA breach & incomplete records have been ignored, and also dept collection activity once complain ongoing??

 

Can someone please have a read of this supplemental stat and confirm if it is allowed at this short notice and any advice really really appreciated.

 

I will be alone at the hearing and now have had any confidence i had completely reduced.

 

Sorry doc 5 to follow

HC SUpp 2.pdf

HC SUpp 1.pdf

HC SUpp 4.pdf

HC SUpp 3.pdf

HC SUpp 6.pdf

[Kate1973]

Hopefully you now have P5, apologies but have lost the will with it as it's now took some 3.5 hrs to sort!

HC SUpp 5.pdf

[gezwee]

Was the order to file and serve or file only, their supp w/s notes file but no mention of service?

 

As for the rest of it, run a copy off, make notes against each para and start to substantiate contrary position to each point raised....... once you have everything in order draft yourself a skel for the hearing.

 

Gez

[citizenB]

When did you receive this.. I thought all supplementary WS had to be with the court and opposiiton 7 days prior to the hearing !

 

Are you able to contact the mediation service and ask what appears to have gone wrong ? Do you have a record of the call from your provider ?

 

Other than that, I can only advise as gezwee has.. make a copy of the statement and then make notes rebutting and put together a skeleton argument.

 

Did you miss a filing date ?

[Kate1973]

When did you receive this.. I thought all supplementary WS had to be with the court and opposiiton 7 days prior to the hearing !

 

Are you able to contact the mediation service and ask what appears to have gone wrong ? Do you have a record of the call from your provider ?

 

Other than that, I can only advise as gezwee has.. make a copy of the statement and then make notes rebutting and put together a skeleton argument.

 

Did you miss a filing date ?

 

Hi Gez & CitizenI'm at work for the day but will reply later, i only received their letter yesterday. I'll check the wording on the order, i posted the copy of corres to HC on day 14 but submitted to court on day 14 as it was hand delivered.