Marks & Spencer Financial Services Credit Card

[jax007]

Re: Marks & Spencer Financial Services Credit Card

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!

[jax007]

Re: Marks & Spencer Financial Services Credit Card

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

[FlamingParrot]

Re: Marks & Spencer Financial Services Credit Card

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:

[jax007]

Re: Marks & Spencer Financial Services Credit Card

Many thanks!!
x

[jax007]

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

[ODC]

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.

[FlamingParrot]

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.

Proceedings were issued in July 2009, that would have reset the clock. :clock:

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.

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!!

What was your defence in 2009?

[jax007]

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.

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???

[ODC]

Re: Marks & Spencer Financial Services Credit Card

Proceedings were issued in July 2009, that would have reset the clock. :clock:

I really need to pay attention

[FlamingParrot]

Re: Marks & Spencer Financial Services Credit Card

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?

[Amethyst]

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

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 ?

[pt2537]

Re: Marks & Spencer Financial Services Credit Card

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. "

[pt2537]

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.

[Mr $quandaŁot]

Re: Marks & Spencer Financial Services Credit Card

Is there any chance a judge could find these enforceable?

[pt2537]

Re: Marks & Spencer Financial Services Credit Card

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