Letter of Claim - 1st Credit

[catrin2468]

Hi today I had in the post a letter of claim off judge & priestly solicitors on behalf of 1st Credit (M@S account for £1,592.82 ) will put photos up of the letter The original post for this is in the welcome forum under 1st credit and CCA I asked for a CCA off 1st credit late last year and they sent it will 2 sheets of T@C How do I answer it please I am off to read other threads on here Thank you for looking !!

[catrin2468]

Sorry should read Letter of Claim !

(Edited for you - Amethyst )

[Amethyst]

Older thread http://legalbeagles.info/forums/foru...credit-and-cca. Just for ref.

So this is just for the charge card ? Terms sent in response to cca request http://legalbeagles.info/forums/file...tch?id=1176760

cca http://legalbeagles.info/forums/file...tch?id=1176768

CHARGE CARD DOCUMENTS ( account opened 1996 )

sent by 1st Credit

• letter off 1st credit.pdf
• pg 2 1st credit.pdf
• Terms 1996.pdf
• Terms 2005.pdf
• CCA copy
• Application FORM

bringing stuff over that relates to just the charge card

[Amethyst]

No default notice, nor a log of default on the sar info from m&s ? Some terms sent for 2005 so likely to have defaulted around then - you were paying token payments on this until when ??

[Diana M]

today I had in the post a letter of claim off judge & priestly solicitors on behalf of 1st Credit (M@S account for £1,592.82 ) will put photos up of the letter

The solicitors reference and the client reference numbers are on that Judge & Priestly letter which you need to remove to protect your identity.

Di

[catrin2468]

Thank you for pointing that out Sorry I do not know how to do that know it is up on here Thank you Amethyst for sorting all the above out and grouping together on here The account is not statues bard afew years off that But the default notice on the SAR's off M@S is a few years after 2005 I do not think they know when it is token payments ended in 2014

[Amethyst]

I’ll edit for you xxx they’ll vanish for a while just doing tea xxx

[Amethyst]

Here's the docs back xxx

[Amethyst]

Okay, the agreement does look okay, the front sheet does match up the terms that have been reconstructed. Although the layout doesn't really add up.

So default notice and notice of assignment ( could be asked for on the Letter of claim reply) - there seems to be some uncertainty about the date of default - what's on your credit file or has it long since fallen off ? Did M&S actually send a copy of the default notice in the SAR or just screenshot showing the date ?

As you'd paid up to 2014 we know it's not statute barred and there doesn't seem to be any particular dispute over the account/debt ?

Soooo. terms in 1996 state ( para 4 ) the card is for use only at M&S or selected and notified third parties.... then terms in 2005 don't mention that at all - so did it change into a general use credit card ? The 2005 terms also refer to Full Account terms, which you don't have a copy of.


Do your transaction lists ( did you get those in the SAR ? ) show use of the card at places other than M&S ? BAsically did it change from a limited / restricted use store card to an unlimited use credit card without you asking for it / signing up for it?

[warwick65]

Didn't M&S automatically upgrade all their charge cards to credit cards? I know they did my parents and I believe it was a rather hot potato in the press
diana M

I did post on your previous thread

Did you send a SAR to Marks?

[Amethyst]

Indeed. Just waiting for Catrin to come back on the dates and transactions ( trying not to overload with info )

In Santander Cards (UK) Limited v Mayhew a Harrods store card was upgraded/replaced by an unsolicited credit card. Recovery proceedings for the outstanding balance were successfully defended because the Court found neither the original nor subsequent agreement had been set up correctly.

Judgment - http://legalbeagles.info/forums/file...tch?id=1156211

Squandalots threads might have some useful info on are http://legalbeagles.info/forums/foru...-gets-mayhewed and links here http://legalbeagles.info/forums/foru...36#post1117736

Diana M ( the defendant in Santander v Mayhew ) will know better if that is the case and where to take the defence ( ref http://www.bbc.co.uk/news/business-17670803 ), as will Paul ( pt2537 ) ( who was the litigator in the same case) so hopefully they'll have a look over the docs quickly and give you some input.

[catrin2468]

Hi Thank you for doing the letters and thank you for your above reply I will try and answer you as follows
M@S sent a default notice in the SAR's afew in fact but don't now which account they for (also have personal reserve debt ) as none are dated and just full of codes
There is no Transaction log for the charge card account as all the SAR's paperwork runs from 2000 nothing before that
I had a few payment problems with the account in 2005 but never got sent a default notice
The statements for this account start date is 2000-05-31
nothing for earlier years
I last used the card so the statements say on 2008-09-12 with a closing balance at that time of £1599.02
Used it only M@S stores don't now if it was ever changed as didn't try and use it any where else
The rest of the from there is all interest , Letter charges and card safe premiums (even taken when overdrawn on the account )
Last entry on the stamen is 2009-08-27 Transfer to DRMS
The default notice is in the SAR's in paperwork that looks like phone call logs it is just the date and what phone calls had happened then
is that any good as totally lost with all this sorry

[catrin2468]

Hi again I have read and re read the post and it links above #11 and I don't now nor can I find any proof that the card was undated ?? Only statements form 2000 and nothing in SAR that I can see to say it was /wasn't ungraded
The debt has been past to many debt collection agencies When 1st credit took over they sent many letters offer various amounts off the last one being 50% They still seem to think I own my own property and work (wrong)
So when I fill in and return the LBC I need to ask for
The Agreement ??
The Default Notice
All Notices of Assignment
The Deed of Assignment
I tick BOX C ??
BOX G
I intend to get debt advice about this debt and my budget I cant do this until I receive the information I am asking for
In #9 Amethyst kindly points out

Soooo. terms in 1996 state ( para 4 ) the card is for use only at M&S or selected and notified third parties.... then terms in 2005 don't mention that at all - so did it change into a general use credit card ? The 2005 terms also refer to Full Account terms, which you don't have a copy of

1st credit think account defaulted 2005 for default notice comes with different date on it the above wont apply ?? (would need T@C from when account defaulted ) I have been reading and scouring this great site Hopefully on the right track
Thank you for the help

[warwick65]

Hi
Personally i would tick box D because that then lets you ask for documents - box C says you are taking advice

[Amethyst]

As you already have the agreement from your CCA request to 1st Credit I'd just ask for the
The Default Notice ( as there is a question over whether you actually ever received one and what date the account defaulted )
All Notices of Assignment
The Deed of Assignment

I intend to get debt advice about this debt and my budget I cant do this until I receive the information I am asking for

You can tick box C and D Ask for documents and say you are seeking advice and make a note that you need the documents in order to seek advice.

If there's nothing in the SAR to show the account was upgraded, and your transactions don't show that you did start using it anywhere other than Marks's then it may not of been, it was simply the difference in the terms that made me think it might have been.