Marks & Spencer Financial Services Credit Card

[Mr $quandaŁot]

Re: Marks & Spencer Financial Services Credit Card

They have sent the same template letter to me. Funny how hard they try to argue that the 'agreement' (which doesn't exist for the Mastercard) is enforceable - even after the Mayhew case!

[Amethyst]

Re: Marks & Spencer Financial Services Credit Card

http://www.legalbeagles.info/forums/...3&d=1397856948

This is the agreement.

[Guest]

Re: Marks & Spencer Financial Services Credit Card

There is nothing there regarding the actual credit which I can see. I would not fancy their chances with this even with the most sympathetic judge. there is also the section 62 issue and the fact that t and cs should have been presented in addition to the terms being on the application/ agreement documentation.

[mystery1]

Re: Marks & Spencer Financial Services Credit Card

The op has left the building. Some of the discussion may be interesting but you'd be better off helping people who want and appreciate it rather than someone who has asked elsewhere for help and not even has the decency to say thanks but no thanks to you.

M1

[Amethyst]

Re: Marks & Spencer Financial Services Credit Card

Ok fair enough. Good luck Jax xx Thanks M1 xx

[Mr $quandaŁot]

Re: Marks & Spencer Financial Services Credit Card

LB is the best consumer forum by miles.

There are others, of course. One is far too big and it's a pure spot luck what you get there. Another one occasionally gives rather strange advice such as 'send them a letter saying that you're living in a car'. Third is good for money saving tips but should be avoided in case of serious consumer issues.

[mystery1]

Re: Marks & Spencer Financial Services Credit Card

It's not about going elsewhere. It's about getting help then just disappearing and not even logging on. The threads where PT helps are few and far between because he is busy. You get that calibre of help and then just disappear ? That's a lack of respect. There are always people who came and go and those who start 3 threads everywhere at the same time. At least they usually look at the help they asked for.

I post on more than 1 forum and have even posted on a users threads on more than 1. This is just classless and crass.

M1

[pt2537]

Re: Marks & Spencer Financial Services Credit Card

Any member is free to take advice from whereever they wish to do so.

The correct approach for this case, is not to worry about prescribed terms etc, the Claim is an abuse of process, and in my own view an application to strike the Claim out would be the appropriate route forward. The Claim is identical to a stayed matter.

I had a case like that when i was at watsons, it was a simple strike out as an abuse and that application succeeded.

Anyway

On to the next case

[pt2537]

Re: Marks & Spencer Financial Services Credit Card

oh and one final point for others with M&S cards who read this, the creditor cannot remedy the failure to provide a document containing the prescribed terms when the account is opened. section 61(1) Consumer Credit Act 1974 is clear on that.

If a creditor could retrospectivley remedy such a breach, then it would make a mockery of the Act and also would have been done in Wilson v First County Trust etc. The fact is that a creditor cannot remedy a fatal breach and if anyone suggests otherwise, then id like to see their binding authority that they rely upon for such a proposition. s61(1)(a) can never be put right once breached.

[panther12]

Re: Marks & Spencer Financial Services Credit Card

Anything regarding "Restons" gets my attention :-) This is the first restons claim form I've seen post Feb 2014 and looks like they are now actually complying with CPR when it comes to the Statement of Truth. Wonder what caused that change to their usual template style claim forms with blatant disregard of procedure rules :tinysmile_twink_t2:

As above, it's an abuse of process and an application to strike out gets my vote.