marlin europe 1 ltd - marks and spencer credit card and reserve account

[pushbike]

any help would be very grateful please - I was paying off a marks and spencer credit card and reserve account in reduced instalments back in 2008 i then came out of work and couldnt keep up payments. Out of the blue I have had a letter from Marlin about the debt - i think - as they quote HSBC not M and S - demanding repayment or arrangement. I did not reply and now I have today received a N1 from the court.
I cannot remember ever having anything from them about buying the debt or had any statement from them
I think i have to request this from them.
I have uploaded the forms . could anyone please advise
1. how I respond to the court and
2. help with any request from Marlin for documents to show they can pursue me for this

Many Thanks

[FlamingParrot]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

I realise it's a bit late now, but I was wondering whether you acknowledged service for this claim and stated your intention to defend it, I do hope you did, no idea how this post got missed, I was away at the time it was posted. If you haven't done so, you may still have time, because you are normally allowed 14 days + 5 for service. ray:

HSBC are running ex-M&S accounts, a friend of mine has one of them ex-M&S storecards run by HSBC.

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

I was paying off a marks and spencer credit card and reserve account in reduced instalments back in 2008 i then came out of work and couldnt keep up payments.

Was this M&S credit card originally a store card which was *upgraded* to a credit card around 2003/4? If so read this link because it could be your defence. BTW PlanB is Diana Mayhew in this case. And Paul Tilley who ran the case is a member of site team on here so you've come to the right place for help if it is

http://www.bbc.co.uk/news/business-17670803

[Mr $quandaŁot]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Yes, you have come to the right place as we have people from all walks of life here from legal professionals to ex-fraudsters.

If you do end up in court - which I doubt in case your card is one of those store to credit card conversions - once you have defended, it would help if you are lucky enough to get a Mayhew friendly judge!

Having said that, Plan B herself will tell you that Judge Manners was in fact very anti-Mayhew / pro bank, but at the end she had to rule in Mayhew's favour as that is the law in this case.

I'm sure Plan B will guide you further!

[pushbike]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Hi

Thanks everyone. Yes this was a store card converted to a credit card. I acknowledged service to court on 29/09/13 and received an automatic e mail from them confirming receipt. I didnt know what next to do so read up a bit on here and sent Weightmans a CPR 31.14 REQUEST. They responded
and I have attached below. I know I need to send in my defence within a day or two but what do I say on the form please can anyone help

Thanks

[pushbike]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

This is the CPR request I sent should I be getting an extension from the court or the solicitors . Any help please I dont want to miss out on deadlines etc. it wont upload so copied and pasted below Thanks

CPR 31.14 Request

On 26/09/2013 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The agreements. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2. The assignments

3. The default notices


Although your claim is for a sum which is not more than Ł10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Yes this was a store card converted to a credit card. I acknowledged service to court on 29/09/13 and received an automatic e mail from them confirming receipt. I didnt know what next to do so read up a bit on here and sent Weightmans a CPR 31.14 REQUEST. They responded
and I have attached below. I know I need to send in my defence within a day or two but what do I say on the form please can anyone help

Yes I can help you. PlanB (moi) was the defendant in the Santander vs Mayhew case as has been said. Send a PM to PT2537 asap with a link to this thread. Trust me on this

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

This judgement should help you http://www.bailii.org/ew/cases/Misc/2012/14.html

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

I'm sure Plan B will guide you further!

Thanks for flagging this up Mr $qandaŁot

I think there may be a double whammy for Marlin here because it looks like M&S (with HSBC behind them) have sold on this combined debt without the debtor's agreement to an amalgamation of the accounts.

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

any help would be very grateful pleas

Damn damn damn. I've looked at your POC and the claim is Ł742 below the current (since April 2013) limit for allocation to the Fast Track where costs can be an issue. This means if a solicitor takes on your case they won't recover their costs even if you win However if a lawyer (such as PT2537 ) thinks you have a sufficiently complex and legally arguable case then this claim may be re-allocated to the Fast track

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Yes I can help you. PlanB (moi) was the defendant in the Santander vs Mayhew case as has been said. Send a PM to PT2537 asap with a link to this thread. Trust me on this

I've sent a PM to Paul so let's see what transpires

[pushbike]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Thanks Guys

[pt2537]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Sorry Di been up in the Court of Appeal today so havent had chance to look in properly.

Gonna be tomorrow now before i get a chance to look really.

The Court does retain discretion on allocation, so it may be as you say that we can push to allocation to fast track but that depends on the issues etc.

will look in tomorrow

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Sorry Di been up in the Court of Appeal today so havent had chance to look in properly.

Gonna be tomorrow now before i get a chance to look really.

The Court does retain discretion on allocation, so it may be as you say that we can push to allocation to fast track but that depends on the issues etc.

^^^^ so I hear. Congratulations on getting the Court of Appeal to allow Sparkie's appeal

When you're ready I'd like to get to grips with the 2.5 million M&S customers who have unenforceable credit agreements. In the meantime I think the OP is expected to file a Defence in the next 48 hours but Marlin has not responded adequately (or at all) to their CPR31.14 request. The solicitor for Marlin is "award winning" Weightmans if that helps. No pressure

http://www.weightmans.com/about_us/awards.aspx

[pt2537]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

^^^^ so I hear. Congratulations on getting the Court of Appeal to allow Sparkie's appeal

When you're ready I'd like to get to grips with the 2.5 million M&S customers who have unenforceable credit agreements. In the meantime I think the OP is expected to file a Defence in the next 48 hours but Marlin has not responded adequately (or at all) to their CPR31.14 request. The solicitor for Marlin is "award winning" Weightmans if that helps. No pressure

http://www.weightmans.com/about_us/awards.aspx

Weightmans? ahh you mean the ones who got their azz kicked by us in the Court of Appeal ? http://www.bailii.org/ew/cases/EWCA/Civ/2011/105.html