ajbajb vs M and S

[andrewjb]

Went through the processes, and sent LBA which expired yesterday

 

Received letter this morning, with their final response, saying they wouldn't refund anything and referring me to the Finance and Leasing Association

 

Court papers issued on line... watch this space

[Rooster-UK]

Good luck, Andrew.

 

Regards, Rooster.

[121o121]

Great stuff Andrew.

 

Unsure how M&S deal with this. Will be interesting to know.

[andrewjb]

Court papers acknowleged by M and S yesterday, guess the 28 days are ticking now

[andrewjb]

Acknowledgement being dealt with by DG Solicitors, 12 Calthorpe Road, Edgbaston, Birmingham B15 1QZ

 

Anyone had any dealings ?

[andrewjb]

Checked MCOL and they have filed a defence, anyone any advice / suggestions ??

[andrewjb]

Their defence has been filed by Kate Eaves of DG Solicitors in Birmingham

 

It reads as follows :

 

1) The Claimants Account is governed by the Defendants personal and/or business banking terms and conditions

2) Pursuant to the Defendants terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants Price List, including an overdraft review fee for considering whether to provide and providing and overdraft

3) The Defendant denies that the charges applied to the Claimant's account amount to penalties at Common Law and/or unfair contract terms for the purposes of Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs)

4) The charges applied to the Claimants account are reasonable, and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually applied price for the services provided and the UTCCRs are not applicable to them; alternatively they are not unfair contrary to the UTCCRs. Further the charges are not default charges and, accordingly cannot amount to a penalty

5) Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied the Claimant is entitled to the relief claimed or any relief

 

Given that this is a store card, their defence has left me baffled - any advice gratefuly received.

[sarah13]

i have my m+s statements but cant see the usual stand out charges- except 1 letter charge @ £15- the only other charges are the interest. what were your charges called on the statements- thanks in advance

[andrewjb]

Mine were called just 'Charges' and 'Letter Charges'

Good luck

[sarah13]

Mine were called just 'Charges' and 'Letter Charges'

Good luck

 

thanks