Help with drafting Particular of Claim

[nemesis45]

Re: Help with drafting Particular of Claim

Good evening,

Have you sent M&S a letter before action, setting out your grievances / complaints and laid out what you require M&S to do to remedy the situation to your satisfaction?

nem

[brown1950]

Re: Help with drafting Particular of Claim

Good evening,

Have you sent M&S a letter before action, setting out your grievances / complaints and laid out what you require M&S to do to remedy the situation to your satisfaction?

nem

Thanks for your response.

Yes have sent M&S letter before action (expired 23rd March) and requested them to remedy the situation to my satisfaction by paying back the amount of set off. Letter was sent recorded delivery and no response received.

[nemesis45]

Re: Help with drafting Particular of Claim

You have to be very clear and concise as to what you wish to claim from M&S, what damage they have caused you and can be proved.
Are you seeking damages for the effects of their actions?
May help if you can post the content of the LBA then we can bullet point what to claim for.

nem.

[brown1950]

Re: Help with drafting Particular of Claim

Thanks again for your response.

I am not claimimg for 'damages' i want to claim for the return of the PPI offset.
Please see my provisional POC in post No 6

[nemesis45]

Re: Help with drafting Particular of Claim

Thanks again for your response.

I am not claimimg for 'damages' i want to claim for the return of the PPI offset.
Please see my provisional POC in post No 6

Reading and rereading your draft a I cannot fault the reasoning, there is a publicly known history of
the practice of M&S as a " store card " provider issuing an unasked for rolling credit facility card without
issuing or intimating that further terms & conditions would or could apply to the new card is well known and your argument
is in my opinion sound.
There is/was no right to offset.

If you have the time it may well be worth checking any other cases where resolution in a matter has been achieved to add weight to your claim

nem

[brown1950]

Re: Help with drafting Particular of Claim

Reading and rereading your draft a I cannot fault the reasoning, there is a publicly known history of
the practice of M&S as a " store card " provider issuing an unasked for rolling credit facility card without
issuing or intimating that further terms & conditions would or could apply to the new card is well known and your argument
is in my opinion sound.
There is/was no right to offset.

If you have the time it may well be worth checking any other cases where resolution in a matter has been achieved to add weight to your claim

nem

Nem

Again thanks for your response.

Have over the last 3 months looked all over the 'net' and cannot see a similar case to mine.
Will now issue my claim via CCMC in Salford using the POC from my post 6.
Many thanks for your kind help and will update you with the expected defence from M&S

[nemesis45]

Re: Help with drafting Particular of Claim

Nem

Again thanks for your response.

Have over the last 3 months looked all over the 'net' and cannot see a similar case to mine.
Will now issue my claim via CCMC in Salford using the POC from my post 6.
Many thanks for your kind help and will update you with the expected defence from M&S

Always happy to help, good luck !!
nem

[brown1950]

Re: Help with drafting Particular of Claim

Form 'N1' sent today to CCMC in Salford. Await M&S defence !

[brown1950]

Re: Help with drafting Particular of Claim

Form 'N1' sent today to CCMC in Salford. Await M&S defence !

N1 served on 1st May.

Await M&S defence.

[stevemLS]

Re: Help with drafting Particular of Claim

Sorry but in these circumstance my view is that there is a common law right of set off and it is not dependant on a contractual term.

That would be the equitable approach.

Almost as an aside, you can't claim both contractual interest and statutory CCJ rate interest.

[brown1950]

Re: Help with drafting Particular of Claim

Sorry but in these circumstance my view is that there is a common law right of set off and it is not dependant on a contractual term.

That would be the equitable approach.

Almost as an aside, you can't claim both contractual interest and statutory CCJ rate interest.

CCMCC confirm claim served 7th May
HSBC acknowledge claim received 15th May

[brown1950]

Re: Help with drafting Particular of Claim

CCMCC confirm claim served 7th May
HSBC acknowledge claim received 15th May

Latest Developments :-

Received letter from HSBC dated 3rd June saying they have been instructed to settle claim in full incl Interest in Restitution
and court costs ! Usual offer without admission of liability and bla bla commercial basis.
Today received via CCMCC -Salford a full defence from HSBC also dated 3rd June. ?????

Will phone HSBC legal department tomorrow to find out what is going on ??? Settlement letter and defence are signed
by the same person at HSBC !

Totally confused.

[stevemLS]

Re: Help with drafting Particular of Claim

Either party can make a without prejudice offer to settle at any point, they have lodged the defence to protect their position and to comply with the court timetable.

I think you have been lucky.

[brown1950]

Re: Help with drafting Particular of Claim

Either party can make a without prejudice offer to settle at any point, they have lodged the defence to protect their position and to comply with the court timetable.

I think you have been lucky.

Pleased to report my claim was settled in full today with M&S crediting my account :-


Full amount of PPI set off
Interest in Restitution @ 18.9%
8% Court interest
Court fee.

Will now advise CCMCC in Salford my claim has been settled in full.