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Marks & Spencer Financial Services Credit Card

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  • Marks & Spencer Financial Services Credit Card

    I have a non-compliant credit card agreement from M&S (confirmed by Celestine). This has been an ongoing issue having pointed it out to M&S and they then passing it on to all different DCs over the years, despite the account being 'in dispute' due to non-compliance.

    It has now ended up on Restons doorsteps who have had the audacity to issue a court claim.

    I now have to defend this on the basis the agreement is non-compliant. I have 14 days in which to do this.

    What is slightly more worrying, going through my emails in relation to this particular issue, it has come to my notice that this has already gone to court courtesy of DG Solicitors on 29 April 2009. I have tried to enter the details on line to see what the outcome was but unfortunately it's not identifying the ID details.

    What is bizarre is that Restons are claiming DG Solicitors costs that were applied when DG made the claim!!!

    Anyone able to help here??
    Attached Files
    Tags: None

  • #2
    Re: Marks & Spencer Financial Services Credit Card

    Well you had a refund of charges http://www.legalbeagles.info/forums/...-a-good-result - can't see any mention of a claim bought against you in 2009 by DG solicitors though. What makes you think it has? Does anything show on your credit file ?

    Also what was the reason the CCA was 'non compliant' - is it because you haven't received copies of the accompanying terms or something more hardline?

    With regards Dates - you have 14 days from service to acknowledge the claim (so get that done online at moneyclaimonline) - that will extend your timescales to 28 days from service until your Defence is due.

    Could you scan in or type up the particulars of the claim pls too.

    Sharon
    xxx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Marks & Spencer Financial Services Credit Card

      Thanks Sharon

      Both Curlyben and Celestine have stated that the CCA is unenforceable as there are NO terms at all.

      I am attaching in 2 separate posts the details of each court claim - the current one from Restons and the original one from DG Solicitors which I applied to have struck out.

      Herewith the particulars of claim from Restons
      Attached Files

      Comment


      • #4
        Re: Marks & Spencer Financial Services Credit Card

        Now here is the claim form from the DG Solicitors court claim (you will see that Restons have used the total amount (including court and solicitors costs) from the DG claim form and added their own.
        Also attached letters to court requesting strike out but I can't find any response to this!

        Would appreciate some help with the Defence please
        xx
        Attached Files

        Comment


        • #5
          Re: Marks & Spencer Financial Services Credit Card

          The second claim becomes an abuse of the court process.

          Its the second claim that should be struck out
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment


          • #6
            Re: Marks & Spencer Financial Services Credit Card

            Thanks pt

            what should I put in the Defence - any suggestions? Or would I need to know the status of the original claim first?

            Comment


            • #7
              Re: Marks & Spencer Financial Services Credit Card

              Originally posted by jax007 View Post
              Thanks pt

              what should I put in the Defence - any suggestions? Or would I need to know the status of the original claim first?
              its simple to find out the status of the original claim

              Pick up phone

              Ring Court

              Give Court claim number

              and ask for confirmation of the status
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment


              • #8
                Re: Marks & Spencer Financial Services Credit Card

                Option 6

                M1

                Comment


                • #9
                  Re: Marks & Spencer Financial Services Credit Card

                  Sorry Mystery I have NO idea what you are saying here! Can you elaborate please

                  Comment


                  • #10
                    Re: Marks & Spencer Financial Services Credit Card

                    When you phone you want option 6.

                    M1

                    Comment


                    • #11
                      Re: Marks & Spencer Financial Services Credit Card

                      Aha gotcha!

                      Ta

                      Comment


                      • #12
                        Re: Marks & Spencer Financial Services Credit Card

                        Was this one of the Charge Cards converted to Credit Cards?

                        Comment


                        • #13
                          Re: Marks & Spencer Financial Services Credit Card

                          Originally posted by ODC View Post
                          Was this one of the Charge Cards converted to Credit Cards?
                          No - it was a proper credit card

                          Comment


                          • #14
                            Re: Marks & Spencer Financial Services Credit Card

                            What happened with the original claim in 2009?

                            Comment


                            • #15
                              Re: Marks & Spencer Financial Services Credit Card

                              Originally posted by jax007 View Post
                              No - it was a proper credit card
                              Hi Jax!

                              Nice to see you back on here.

                              I see M&S didn't get the credit cards right either! :grin:

                              Comment

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