Help!! Received a court claim form from MKDP re M & S Financial Services

[Dizzy]

Hi

I received a court claim form from MKDP LLP on 5th April regarding a loan I took out with M & S back in 1999 and I defaulted on paying in Dec 2008 and stupidly have been burying my head in the sand!!

POC is as follows:

"The claimant claims the sum of £1,332.90 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Marks and Spencer Financial Services Plc. The defendants account no. was XXXXXX and was assigned to the claimant on 29/01/2013, notice of this has been provided to the Defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The claimant claims the sum of £1,332.90 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction."

Any suggestions on how should I proceed? Any thoughts gratefully received - thank you.

[mystery1]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

http://www.legalbeagles.info/forums/...aim&highlight=

M1

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi and sorry - I seem to be part of the furniture on this site at the moment and it will serve me right for burying my head in the sand all these years!!

I haven't heard anything from MKDP yet after sending a CPR and CCR request 15/04/2014 - I guess with bank holidays they still have a few working days left in respect of the CCA request - however from my calculations my defence is due 5th May, any suggestions for a good defence would be much appreciated please. :tinysmile_hmm_t2:

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi,

Re my thread above, should I contact MKDP and ask for an extension as they haven't complied with my CPR 31.14 request? :noidea:

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hello, can anyone help me please?

[FlamingParrot]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi,

Re my thread above, should I contact MKDP and ask for an extension as they haven't complied with my CPR 31.14 request? :noidea:

Most definitely, yes, they are supposed to comply within 7 days. :thumb:

Hi and sorry - I seem to be part of the furniture on this site at the moment and it will serve me right for burying my head in the sand all these years!!

I'm sorry you haven't had earlier replies I can assure you it's got nothing to do with burying your head in the sand, a lot of us have been there, done that. :grin:

I haven't heard anything from MKDP yet after sending a CPR and CCR request 15/04/2014 - I guess with bank holidays they still have a few working days left in respect of the CCA request - however from my calculations my defence is due 5th May, any suggestions for a good defence would be much appreciated please. :tinysmile_hmm_t2:

Before going any further, was this originally an M&S storecard later converted into a credit card? If so, you may want to look at this case: Santander v Mayhew which refers to a similar type of credit product. As you will see, Ms Mayhew WON the case and the claimant was saddled with around £50k worth of co$t$! :whoo: :whoo: :bounce: :bounce:

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thank you FlamingParrot.

I will contact MKDP first thing in the morning.
From memory I believe this was a storecard later converted in to a credit card, it was a while ago and my memory is fading fast these days :tinysmile_hmm_t2: I shall have to pray that this was the case.

Thank you for your help FlamingParrot :tinysmile_grin_t:

[FlamingParrot]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thank you FlamingParrot.

I will contact MKDP first thing in the morning.
From memory I believe this was a storecard later converted in to a credit card, it was a while ago and my memory is fading fast these days :tinysmile_hmm_t2: I shall have to pray that this was the case.

Thank you for your help FlamingParrot :tinysmile_grin_t:

In that case, you'd better familiarise yourself with the case above. You may also want to read this post by our very own PT2537, :yo: who was involved in the case: http://paulatwatsonssolicitors.wordp...nder-v-mayhew/

It refers to Santander as the creditor who had bought a Harrods card, but it's much the same with the M&S cards, as can be seen on the BBC article:

Implications for M&S Santander's defeat could affect food and clothes retailer Marks & Spencer.

Its card business, which is a wholly owned subsidiary of HSBC bank, had instigated a wholesale conversion of 2.6 million of its store cards to credit cards in September 2003.

By October that year, the OFT had taken a dim view of this as well.
Marks & Spencer, like GE Capital, had been telling its store-cardholders that their cards would be upgraded to credit cards automatically.
M&S was forced to step back, and to make clear to customers that if they wanted to keep their store card, they could simply ignore the new bit of plastic that had fallen, uninvited, through their letter box.

On the specific point at issue in Diana Mayhew's case, M&S declined to say whether it had supplied all its cardholders with updated terms and conditions at the time of the upgrade.

As far as I know, this was not the case. This thread refers to an M&S card also from 1999: http://www.legalbeagles.info/forums/...card-what-next

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thank you FlamingParrot, much appreciated.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

I have phoned MKDP and they won't give me an extension to file my defence as they said they have to order the documents from the original creditor ie M & S and this can take anything between 6-8 weeks. My defence is due in on 5 May and they said I still need to file it by then, I said how can I when I haven't had the documents requested!! She said why do I need the documents - surely you remember having a debt with M & S? - I stupidly said yes but that's not the point they haven't given me the documents I have asked for!! She said to add in the defence that MKDP have requested the documents and it will take 6-8 weeks.


Also I notice it is a Marks and Spencer loan not a credit card


Can anyone help me please with my defence as it has to be filed by 5th May - any help would be much appreciated - thank you :tinysmile_hmm_t2:

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Application for an order for compliance with the CPR 31.14 request. ( sent '' a CPR and CCA request 15/04/2014 '')

http://www.legalbeagles.info/forums/...ic-information (post #3 onwards is the application)

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thanks Amethyst ....... gulp - does that mean I will have to pay £155? Not sure I can afford it and I am not on benefits.

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

I know, it's massive isn't it, unfortunately the court fees have just changed upwards. The preferred way is to do the application with a hearing, you could ask for it without a hearing - which I think is £50 now - they changed on 22nd April. If you have a look at the EX160 it's not only benefits (but is mainly) so worth a look.

•
Application on notice where no other fee is specified.
£155
•
Application to set aside a County Court judgment.
£155
•
Application by consent or without notice where no other fee is specified.
£50


Otherwise you're back to a defence ( DON'T USE THE ONE YOU USED IN THE ARROW CASE THOUGH - we'll help you draft something.) which would be along the lines of ' I admit I had a loan, I'm not sure of the balance or what the terms were, I havent had any documents but have asked for them and they really should have provided them from the off )

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Also even if I did the application and paid £155 is it guaranteed that the case would be struck out if they say sent everything except for the credit agreement?

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Nope, nothings guaranteed.

They, legally, under the CCA, can not enforce the debt without complying with your CCA request. And that they haven't sent you the credit agreement despite your CCA request will go in your defence as well as the CPR request.

Do you want to do a list of what they HAVE sent you pls (before and after the claim) and we can suss out our options.