• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Marks & Spencer Financial Services Credit Card

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Marks & Spencer Financial Services Credit Card

    Originally posted by Mr $quandaŁot View Post
    What happened with the original claim in 2009?
    I need to get onto court system and find out. Am in hospital MOnday having operation so hopefully on Tuesday when I'm back home I can find out!

    Comment


    • #17
      Re: Marks & Spencer Financial Services Credit Card

      Originally posted by FlamingParrot View Post
      Hi Jax!

      Nice to see you back on here.

      I see M&S didn't get the credit cards right either! :grin:
      Nice to be back FP ... I'll keep post updated as I really need to get a defence in ASAP

      Comment


      • #18
        Re: Marks & Spencer Financial Services Credit Card

        Originally posted by jax007 View Post
        I need to get onto court system and find out. Am in hospital MOnday having operation so hopefully on Tuesday when I'm back home I can find out!
        My thoughts will be with you wishing you a speedy recovery. :okay:

        Comment


        • #19
          Re: Marks & Spencer Financial Services Credit Card

          Many thanks!!
          x

          Comment


          • #20
            Re: Marks & Spencer Financial Services Credit Card

            OK - here's the situation.

            Have spoken to Northampton and the first claim was stayed on 6 July 2009 due to no action. On 11 November 2011 claimants solicitors (DG) made an application to write off the case but it was invalid and refused because it was not a valid application. Apparently they have to apply to lift the stay and then make application to write off which they didn't do so case was frozen and remains so.

            Restons claim (new one) - Northampton said I don't need to do anything (not even acknowledge receipt although I have) and I don't need to put in defence as it's already in from 2009. Before Restons can proceed they have to make application to lift stay. I'm not sure they realize that there was a previous claim and that it had been stayed.

            I'm a bit worried about not replying with a defence as I don't want judgment made against me because I haven't responded!!

            I too had previously applied to have case struck out but going back through my paperwork I realize I didn't make a valid application as I did it by letter and not on a form!

            PLEASE HELP!!

            Thanx
            Jaxx

            Comment


            • #21
              Re: Marks & Spencer Financial Services Credit Card

              Personally I would recommend that you put in a defence. If it wasn't already Statute barred in 2009 so presumably it would now be. Did Restons tell you in writing NOT to put in a defence or was it just verbal.

              Comment


              • #22
                Re: Marks & Spencer Financial Services Credit Card

                Originally posted by ODC View Post
                Personally I would recommend that you put in a defence. If it wasn't already Statute barred in 2009 so presumably it would now be.
                Proceedings were issued in July 2009, that would have reset the clock. :clock:

                Originally posted by ODC View Post
                Did Restons tell you in writing NOT to put in a defence or was it just verbal.
                From the post above, it looks like it was Northampton Bulk Centre rather than Restons who said there was no need to submit a defence.

                Originally posted by jax007 View Post
                OK - here's the situation.

                Have spoken to Northampton and the first claim was stayed on 6 July 2009 due to no action. On 11 November 2011 claimants solicitors (DG) made an application to write off the case but it was invalid and refused because it was not a valid application. Apparently they have to apply to lift the stay and then make application to write off which they didn't do so case was frozen and remains so.

                Restons claim (new one) - Northampton said I don't need to do anything (not even acknowledge receipt although I have) and I don't need to put in defence as it's already in from 2009. Before Restons can proceed they have to make application to lift stay. I'm not sure they realize that there was a previous claim and that it had been stayed.
                Originally posted by jax007 View Post
                I'm a bit worried about not replying with a defence as I don't want judgment made against me because I haven't responded!!
                What was your defence in 2009?

                Comment


                • #23
                  Re: Marks & Spencer Financial Services Credit Card

                  Originally posted by ODC View Post
                  Personally I would recommend that you put in a defence. If it wasn't already Statute barred in 2009 so presumably it would now be. Did Restons tell you in writing NOT to put in a defence or was it just verbal.
                  The last payment I made was 8 May 2008

                  It was Northampton County Court that said I didn't need to put in a defence

                  Anyway - if I do put in a defence - what should it be???

                  Comment


                  • #24
                    Re: Marks & Spencer Financial Services Credit Card

                    Originally posted by FlamingParrot View Post
                    Proceedings were issued in July 2009, that would have reset the clock. :clock:

                    I really need to pay attention

                    Comment


                    • #25
                      Re: Marks & Spencer Financial Services Credit Card

                      Originally posted by jax007 View Post
                      The last payment I made was 8 May 2008

                      It was Northampton County Court that said I didn't need to put in a defence

                      Anyway - if I do put in a defence - what should it be???
                      What was your defence back in 2009?

                      Comment


                      • #26
                        Re: Marks & Spencer Financial Services Credit Card

                        Originally posted by jax007 View Post
                        OK - here's the situation.

                        Have spoken to Northampton and the first claim was stayed on 6 July 2009 due to no action. On 11 November 2011 claimants solicitors (DG) made an application to write off the case but it was invalid and refused because it was not a valid application. Apparently they have to apply to lift the stay and then make application to write off which they didn't do so case was frozen and remains so.

                        Restons claim (new one) - Northampton said I don't need to do anything (not even acknowledge receipt although I have) and I don't need to put in defence as it's already in from 2009. Before Restons can proceed they have to make application to lift stay. I'm not sure they realize that there was a previous claim and that it had been stayed.

                        I'm a bit worried about not replying with a defence as I don't want judgment made against me because I haven't responded!!

                        I too had previously applied to have case struck out but going back through my paperwork I realize I didn't make a valid application as I did it by letter and not on a form!

                        PLEASE HELP!!

                        Thanx
                        Jaxx
                        As this is a new solicitor then yes you might be wise to enter a defence. I've been hunting for the original M&S thread but can't find anything, only the docs you posted on this thread, so if you do have a copy of the defence you entered then it would be marvellous, or was it just the letter about 31.14? The case was stayed and never picked back up till now.

                        The court will probably have put a note on the file but as you say, you can't really trust them, so I'd put a simple defence in stating that the cause of action is the same as in Claim XXXXX (original 2009 claim number) and is currently stayed - as such this claim should be struck out.

                        Is the claimant in Restons the same as in DG Sols case or has the 'debt' been assigned to them ?
                        Last edited by Amethyst; 4th May 2014, 17:03:PM.
                        #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


                        • #27
                          Re: Marks & Spencer Financial Services Credit Card

                          Originally posted by Amethyst View Post
                          As this is a new solicitor then yes you might be wise to enter a defence. I've been hunting for the original M&S thread but can't find anything, so if you do have a copy of the defence you entered then it would be marvellous.

                          The court will probably have put a note on the file but as you say, you can't really trust them, so I'd put a simple defence in stating that the cause of action is the same as in Claim XXXXX (original 2009 claim number) and is currently stayed - as such this claim should be struck out.

                          Is the claimant in Restons the same as in DG Sols case or has the 'debt' been assigned to them ?
                          Id add" struck out as it represents an abuse of process. "
                          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


                          • #28
                            Re: Marks & Spencer Financial Services Credit Card

                            Reviving earlier claim In Buckland v Palmer [1984] 1 WLR 1109 it was held to be an abuse of 33.19
                            process to commence a second claim in respect of the same cause of action as was raised in an
                            earlier claim. The claimant’s car had been damaged in a motor accident. Repairs cost Ł1,142.
                            She claimed on her insurance, and brought proceedings against the defendant claiming the
                            Ł50 excess not paid by her insurer. This claim was stayed when she accepted a payment into
                            court. The insurer then commenced a second claim in the name of the claimant claiming
                            Ł1,092, and this claim was struck out as an abuse of process. However, it was possible for the
                            insurer to apply for the first claim to be revived (as it had not proceeded to judgment) and for
                            the original claim to be amended to include the full costs of repairs. A comment was made
                            in Bradford and Bingley Building Society v Seddon [1999] 1 WLR 1482 that abuse of process cases of
                            this nature will perhaps be less frequent under the CPR, because of the requirement that the
                            claimant must sign a statement of truth in relation to the second claim, which might be
                            difficult given an earlier, inconsistent, claim.
                            Just to reinforce the point on abuse of process.

                            Im running an M&S card case too at the moment, once its dealt with there will i hope be an announcement on a fatal flaw within the agreements, we have the original too and a recon all of which contain the same faults. Im hoping this will be announced shortly, this is in addition to Mayhew too.
                            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


                            • #29
                              Re: Marks & Spencer Financial Services Credit Card

                              Is there any chance a judge could find these enforceable?

                              Comment


                              • #30
                                Re: Marks & Spencer Financial Services Credit Card

                                Originally posted by Mr $quandaŁot View Post
                                Is there any chance a judge could find these enforceable?
                                If such a finding was made, then it would be appealed, and the appeal must succeed, im that confident of this based on what documents i have. There is a factual admission from the lender that "this is what you were sent", the lender confirms that "there were no other documents sent out" so therefore, i think they have a real problem
                                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

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X