1st Credit/? claimform - old M+S credit card ***Settled ADR ***

[65Chap]

Thanks for your previous assistance...

.I'll now update this thread with what has happened since my last post.

 

On 31st August, I received the following letter from Northampton CC:-

 

"I acknowledge receipt of your Defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt to resolve the dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay" - End

 

On the 6th September I received a package from the Claimant:-

 

This contained a letter, a Financial Statement form, a one page black and blurred photocopy [but readable] of the M.& S. Personal Reserve Account agreement from 1999 with my signature, a newly printed Terms & Conditions page dated as Personal Reserve 1998 and another newly printed Terms & Conditions page which they say, is from the time of Default and various pages of statement figures.

 

The letter from the claimant reads as follows:-

 

"We write in relation to the above stated outstanding matter and our letter of XXXX further to your request for a copy of your credit agreement pursuant to section 78 of the Consumer Credit Act 1974.

 

Please find enclosed:

 

1. Signed copy of your credit agreement

2. True copy of your credit agreement at the time the account was opened and at the point of default.

3. Statements from the period form XXX to YYY.

 

In accordance with your request, the statement of account is as follows:-

 

a) The state of the account = £XXXX outstanding.

b) The amount, if any, currently payable under the agreement by the customer to the Creditor - £XXXX

c) The amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the customer to the Creditor = £XXXX.

 

This fulfils our obligations under Section 78 of the Consumer Credit Act 1974.

 

In light of the above, if your account is not in an arrangement, please find enclosed a Financial Statement; we would invite you to complete and return this to our offices along with your offer or repayment and preferred payment method. This is to ensure that your offer of repayment is affordable to you and to enable us to identify any priority arrears that you may have.

 

Please note that in the event we do not hear hear from you or an appointed third party in the next 30 days, our attempts to recover the outstanding monies due and owing, will continue.

 

If you are experiencing financial difficulties we would invite you to seek free independent legal advice from the compainies listed on the reverse of this letter. If you require any further assistance please contact our offices on XXXXXXXXX"

 

On the 19th September I received another package from the Claimants Legal Department containing the following:-

 

With the exception of the Financial Statement form,

I received duplicates of all the items sent in their package on 6th September

 

Additionally, I also received another letter;

a completed N434 form entitled "Notice of Change of Legal Representative";

an undated photocopy of a M. & S. letter regarding reassignment sent to a previous address;

a copy of a Claimant letter sent in 2014 to a previous address;

an additional printed statment of payments made,

a photocopy of a blank Default Notice template [with no details entered upon];

a copy of the CC Small Claims Track Guide.

 

This letter reads as follows:-

 

"We enclose a Notice of Change of Legal Representative by way of service upon you together with a further copy of the Notice of Assignment sent you on xx 2014. Please ensure all communications are directed to us.

 

We are obliged to notify the Court by 03/10 of our intention to proceed. We will write to you before that date.

 

We enclose copies of the following documents:-

 

Signed application form dated XX XX 1999.

Terms & Conditions of the acccount on opening and on default.

Statement of transactions from XX 2000 to XX 2007.

Statement of transactions showing payments made from XX 2007 to XX 2103.

Template of a Default Notice that would have been sent to the Defendant.

Payment history.

 

To assist you we enclose an information sheet regarding the small claims county court process and details on free legal advice.

 

Should you wish to settle the claim in order to avoid judgement being entered please contact us to discuss this matter using the above number or email" - End

 

A couple of additional notes....the N434 form notifies the change from the original Solicitor [Moon Beever] to the Claimants own in-house Legal Department.

The Default Notice is just blank with no details at all.

 

The Terms and Conditions are in a newly printed format, not a photocopy of the original which surely, would have formed part of the actual Agreement and should have been provided?

 

Reading through the T. & C.'s, this only references the "M. & S. Special Reserve Account", the cheque book and cheques.....this was not a Credit Card as per the Claim details and as noted in my original post.

 

Not at all sure where this goes from here.....as you know, this was never a case of denying a past financial connection with M. & S. - just that the Claim particulars are incorrect and purely an endeavour to avoid if possible, a CC Judgement all these many years later.

 

All further advice appreciated. Thank you again......

[dx100uk]

to save you the effort of typing things out each time

simply scan the letters up .

 

 

we need to see their CCA/CPR returns please to ONE multipage PDF file

read UPLOAD

[65Chap]

Ah - guess I should have checked the procedures first...sorry about that.

 

Ok,

I'm now ready to upload a single PDF of documents received, with all personal details removed apart from dates and amounts.

 

 

A couple of questions first...

 

There are 14 pages that are just monthly payment transaction data....do you require those?

 

Thanks

[dx100uk]

yes please as we need to know what they think this debt is

[65Chap]

Sorry - just one last question before uploading...should I also delete the Claimant name/details? - Thanks

[AndyOrch]

Sorry - just one last question before uploading...should I also delete the Claimant name/details? - Thanks

 

Not much point given that they are named in your thread title ?

[65Chap]

Sorry - senior moment, here's 2 files regarding CCA/CPR. Thanks.

 

 

PPI Reclaim is here:

https://www.consumeractiongroup.co.uk/forum/showthread.php?481733-PPI-REclaim-old-M-S-credit-card-but-its-not-its-a-special-reserve-bank-account!!

File1.pdf

File2.pdf

[65Chap]

Thank you and sorry again for not grasping the PPI calculations. I have a couple of questions to ask regarding this Claim...is it okay to send you a PM rather than post here? Today I have received 2 further letters from the Claimant - shall I copy/edit and upload those here now? - Many thanks.

[AndyOrch]

Yes please upload them here

[65Chap]

The main letter is marked "Without prejudice subject to costs".....I do understand what this means, but recall reading some where about not disclosing such a letter to third parties? Of course I want the help, but just thought I check this with you before uploading. Thanks again...

[dx100uk]

no simply means it cant be referenced in court

[65Chap]

Okay, thanks for the clarification - here's the letter...

File3.pdf

[dx100uk]

Urm.. A begging discount letter.

[65Chap]

Yes from other threads I assumed that would be your view this. So just a case of waiting now until

I hear further from the Court?

[dx100uk]

Yep N180

Close to being stayed is this not?

Re post 25

[65Chap]

The 3rd October is the 33rd day following the Defence being submitted at MCOL. The short letter from the Claimant in my File 3 dated 27th September,

states they had written to the Court to confirm their intention to proceed with the Claim.

[dx100uk]

Well if they don't get their finger out

It'll cost them more money

[65Chap]

Received on Wednesday and dated 2nd October, is the uploaded N149A notice that also included a N180 questionaire to be completed and filed by the 19th October. Can you please advise what I need to do with this now?

　

Many thanks - a further donation has now be made.

File4.pdf

[dx100uk]

Std court form

 

Yes to mediation

Yes to Small Claims Track

State your local County Court

1 wit you

Rest is obv

 

1 copy to court

1 to claimants sols

1 for your file

[65Chap]

ok thanks...I plan to use the PDF N180 form at the MCOL website for the three copies. Is it okay

for me to leave my telephone number off the copy to the Claimant legal department?

[AndyOrch]

ok thanks...I plan to use the PDF N180 form at the MCOL website for the three copies. Is it okay

for me to leave my telephone number off the copy to the Claimant legal department?

 

Yes

[dx100uk]

and email too if they don't know it...

[65Chap]

Thanks to both of you and yes, I'll leave the email off as well.

 

 

I would also like to ask this question - in section D1 of the form it says:-

 

"At which County Court hearing centre would you prefer the small claims hearing to take place and why?"

 

Is it in order to just state my local CC and simply because it's closest to me?

Or should I explain further that it's also because age, poor health and difficulty in travelling further afield?

 

Lastly, should I upload the completed form here for checking before printing and posting?

[dx100uk]

your local one

no need to give a reason

and no we don't need to see it

[65Chap]

Thanks again.........I am perhaps thinking too far ahead at present, but depending on how this proceeds after the N180 is submitted, does the fact the DCA amount claimed, includes PPI premiums and interest, have any possible baring on the defense and/or mediation?