M&S right of set off /PPI claim ** Settled in Full **

[brown1950]

Claimed via FOS for PPI on an old Charge Card turned Credit Card.

 

 

M&S then deducted as part of the compensation the balance o/s on the credit card of over £2k as a set off (as per their terms of conditions)

 

Now as the credit card was handed over in 2003 without any new terms and conditions

being signed by its customers incl myself

 

 

what if i now take legal action against M&S for the recovery of the £20k ?

 

Would be very interesting to see what defence M&S would enter ?

 

Should i go back to FOS and see if they can help (think not) or take legal action against

M&S ?

[dx100uk]

that's a very interesting idea

 

 

if you didn't agree to the upgrade to a credit card

it should have been lft as a store card

 

 

I believe at the time

the OFT carpeted M&S.

 

 

dx

[brown1950]

My understanding is because M&S in 2003 converted thousands of Store Cards to Credit Cards and failed to get customers to agree to new terms & conditions for the Credit Card they have now written off /sold off most of these 'toxic' cards.

 

In my situation i cannot see how M&S can rely on 'set off ' terms relating to a credit card card when no such terms and conditions apply.

 

The court case of Santander v Meyhew 2012 whilst not setting a 'precedent' would

give any judge a clear indication on how to decide any court action brought by M&S

in relation to recovering debts incurred on a credit card converted from an old store card.

 

Before i take proceedings against M & S for the recovery of the PPI 'set off' i was hoping

perhaps somebody knows of a similar case ?

[brown1950]

My understanding is because M&S in 2003 converted thousands of Store Cards to Credit Cards and failed to get customers to agree to new terms & conditions for the Credit Card they have now written off /sold off most of these 'toxic' cards.

 

In my situation i cannot see how M&S can rely on 'set off ' terms relating to a credit card card when no such terms and conditions apply.

 

The court case of Santander v Meyhew 2012 whilst not setting a 'precedent' would

give any judge a clear indication on how to decide any court action brought by M&S

in relation to recovering debts incurred on a credit card converted from an old store card

 

Before i take proceedings against M & S for the recovery of the PPI 'set off' i was hoping

perhaps somebody knows of a similar case ?

 

OK as no replies will let you know the outcome of my action against M&S in due course

[BRIGADIER2JCS]

OK as no replies will let you know the outcome of my action against M&S in due course

If you did not have the Ts&Cs for the Credit Card and never signed an agreement for one imo no set off is allowed.

[brown1950]

If you did not have the Ts&Cs for the Credit Card and never signed an agreement for one imo no set off is allowed.

 

Yes i agree with you but knowing M&S i will have take legal action to recover the set off amount of £2000.00. Will let you know the outcome eventually..

[BRIGADIER2JCS]

Yes i agree with you but knowing M&S i will have take legal action to recover the set off amount of £2000.00. Will let you know the outcome eventually..

I wish you the very best of luck!!

If you need further assistance just ask.

 

 

(sorry your post was missed earlier!!)

[brown1950]

I wish you the very best of luck!!

If you need further assistance just ask.

 

 

(sorry your post was missed earlier!!)

 

Thanks for your support. No doubt M&S will try to cloud / confuse the issue of a store card and a credit card but at the end of the day are they prepared to defend themselves in Court ? Don't think so ! Usual settlement before the Court date !

[brown1950]

Well after many months of exchanging correspondence with M & S i have hit a 'brick wall' with them.

 

 

Originally they said the set off was in accordance with their credit card t & c

- When i pointed out no agreement/ts&cs exists for the credit card (2003)

they then said set off was now in accordance with the original store card from 1991

 

 

! Have a copy of the 1991 ts&cs and and no set off term exists !

 

Now want to issue proceedings against M & S for the recovery of the PPI set off

- Would be very grateful if somebody could let me have wording for a Particulars of Claim (POC)

[brown1950]

Anyone with help please ?

[dx100uk]

you need to rebuke that claim then.

 

 

send them a letter and inc a copy of the t&C's you have.

 

 

AFAIK there was any offsets inc in store card T&C's of that era as you've found.

[brown1950]

you need to rebuke that claim then.

 

 

send them a letter and inc a copy of the t&C's you have.

 

 

AFAIK there was any offsets inc in store card T&C's of that era as you've found.

 

My letter tennis with M&S has been going on now for months.

 

 

My last three letters

(incl the question regarding which clause are they using in 1991 conditions)

have all been ignored.

 

Obviously the only way M&S will take me seriously is via court action.

 

Would you be able to help with the wording of my POC (Partuclars of Claim) ?

[dx100uk]

sri no not my bag

 

 

there must be pocs here somewhere here

 

 

or hit the triangle

[brown1950]

sri no not my bag

 

 

there must be pocs here somewhere here

 

 

or hit the triangle

 

Cannot see any POCs anywhere for this particular situation ! Have hit the triangle !

[brown1950]

Cannot see any POCs anywhere for this particular situation ! Have hit the triangle !

 

Having hit the triangle - what happens next ?

[dx100uk]

aw that s a shame

ok well i'll do the obvious then..

 

 

as you can..

type in PPI POC in the search of the read toolbar

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?355252-Shop-Direct-Particulars-of-Claim-(POC)

 

 

I found this one about 4 down

dx

[brown1950]

aw that s a shame

ok well i'll do the obvious then..

 

 

as you can..

type in PPI POC in the search of the read toolbar

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?355252-Shop-Direct-Particulars-of-Claim-(POC)

 

 

I found this one about 4 down

dx

 

 

Sorry to appear a bit 'thick' but POC you directed me to relates to PPI recovery however

i have received my PPI settlement less the off-set. Its the POC for recovery of the

off-set i am looking for.

 

Basically M&S are saying they are entitled to off-set in accordance with their t&cs from

1991 chargecard. t&cs do not show any clause to allow off-set. Previously M&S said

off-set was in accordance with their credit card t&c's from 2003. When i pointed out

no agreement existed for the credit card M&S changed 'tack' and reverted to the

earlier chargecard t&c's

 

I am confident M&S would not want this to go to a Court Hearing however i want to

ensure i have a correct POC for this particular situation (which i understand is unusual)

[dx100uk]

PoC's are individual to each case

 

 

sorry I cant be of much help

 

 

have you done court before?

 

 

going to court is a very dangerous thing to do with regard to PPI

 

 

as you have to prove lots of things yourself.

 

 

dx

[brown1950]

PoC's are individual to each case

 

 

sorry I cant be of much help

 

 

have you done court before?

 

 

going to court is a very dangerous thing to do with regard to PPI

 

 

as you have to prove lots of things yourself.

 

 

dx[/quote

 

Yes have been to Court a few times. Thanks for your help.

Because of the unusual nature of my claim and because of previous experience in dealing with store card turned credit card 'fiasco' i

will ask the solicitor who represented Mayhew v Santander to take my case on.

[dx100uk]

I've asked someone to pop in who might be able to assist you.

 

 

dx

[hillards]

Hi - I've been asked to pop in and give a view on this.

 

 

I've had a few cases gone through court of the last year and a bit for PPI and/or charges, no failures - all have been a 'result'

 

If you have the original T's & C's for the store card and there's no mention of set off

then you technically have a win on your hands in court,

but it depends on what else those terms say.

 

 

As long as you never signed anything to accept the credit card conversion

then part of your claim is that they did this without your authority.

 

 

The snag is that by using the new card you have what they term implied acceptance.

Simply by using it you have accepted it.

The good news is that the new terms are not legally enforceable,

no matter what they say they cannot force those terms upon you,

hence going back to the store card terms.

 

A POC document is individual to a particular case.

I wouldn't advise copying an exiting one and using it, you would have to amend one a lot to suit your own claim.

If you are contacting the solicitor who represented Mayhew v Santander

then they may give useful advice, but taking the case on may be a different story.

 

 

the solicitor in question, has moved since the case

 

I'd suggest having the solicitor create the POC for you, once they are familiar with the case.

You would have opportunity to look it over and point out any omissions or errors.

 

 

I have a feeling that you are right in your assumption that the lender will not want to go through court.

 

 

It may be worthwhile also looking at interest in restitution 'per Sempra Metals v Inland Revenue Commissioners' to add to the lenders woes.

 

My worry would be on using a solicitor as the small claims process does not normally allow for reclaiming their fees,

just a money claim and court costs.

 

 

A 'no win no fee' situation may actually see you out of pocket ? See what they say though.

 

You will no doubt be aware of the process of sending a letter telling them what you want,

backed up with the maths and facts, that allows them a timeframe in which to remedy the situation

before sending a letter before action then starting a court claim.

This will take a couple of months to go through.

 

Sorry I can't add much more than that but hope it's of some help.

[brown1950]

UPDATE-

 

Issued proceedings against M&S and within 10 days my claim was settled in full (ie)

 

Full amount of PPI offset

Interest in Restitution at 18.9%

Court Interest @ 8 %

Court Costs

 

Claim was settled by HSBC without admission of liability.

[maroondevo52]

UPDATE-

 

Issued proceedings against M&S and within 10 days my claim was settled in full (ie)

 

Full amount of PPI offset

Interest in Restitution at 18.9%

Court Interest @ 8 %

Court Costs

 

Claim was settled by HSBC without admission of liability.

 

Good stuff Well done