Store card debtors to be let off

[Angry Cat]

Re: Store card debtors to be let off

I would say there is much discussion going on in the Leeds Threat Centre of the Clownells group. It will interesting to see what Bovine Excrement they spew forth when challenged about the shedload of M&S card debt they bought. They have sent me confirmation that my alleged agreement date exists long before M&S dished out free credit credit card gifts to all their charge card customers

Store card debt "unenforceable"

[PlanB]

Re: Store card debtors to be let off

I have just been made aware that M & S has discontinued a storecard 'upgrade' case due in the county court in a couple of days after they had been sent the judgment to digest. We'll never really know the statistics following on from this case because creditors may prefer not to pursue debtors than risk the legal costs of losing in court.

I've read some harsh criticism of my stance on another site with the usual accusation of debt-avoidance. So for the benefit of the tape I would like to say that I was paying the claimant and I would have gone on paying the claimant until the debt had been settled in full (albeit a few years down the line). It was the DCA that decided to accelerate matters because they only get paid on results, and 10% (if that's what is was) of 5.44 per month is not as good as 10% of Ł5k secured by a charging order.

I do wish creditors would stay in control of their own collections and not outsource them to bandits

[jumper999]

Re: Store card debtors to be let off

Hi PlanB first of all congrats to your excellent win...what you have done is more than a lot of us could only ever have dreamed. Just to settle a case before it gets to court is a big accomplishment on its own....but having it written in the papers is a completely different ball game and you should be proud of what you have done & achieved even if it means you have helped one person. But I am sure that your judgment will help many people in your position or similar being chased by these demonic DCA's.

Don't beat your self up with any harsh critiscm..as you should take that as a learning curb in this ever so effed up legal system and lending institutions that so many of us are battling.

You took a stand and fought for what you belived in and you made a difference which in my eyes is worth a salute...and being a woman on top of all this really has made me more determined to fight my own personal hell that I am going through.

Its people like you that make the difference to people like me...and give them the hope that there is a light at the end of the tunnel...lol...in my case my tunnel is about 600000 million miles long....only kidding but I know you know what I mean.

And there is nothing from your history to show you are or were a debt avoider...if anyone wants to know what a debt avoider is ask me about my OH and compare him to you....I am sure they will know the difference.

Take care and once again congrats...chin up and wishing you all the best. xx

[Guest]

Re: Store card debtors to be let off

Yes they can be like that on MSE.

Not so judgmental about the DCA that is trying to turn an unsecured loan into a secured one.

Most of us on here addopt the view that if you purchase a product you are entitled to be advised exactly what you are buying and exactly what it is going to cost, fortunately the legislation agrees, it is nice to hear of a case where the system worked.

Peter

[charitynjw]

Re: Store card debtors to be let off

Very remiss of me - a little

WELL DONE

from me as well

Love it when a PlanB comes together!...........grooooaaaaaaan

[ODC]

Re: Store card debtors to be let off

Store card debt "unenforceable"

First interesting article Ive read on that rag for some time

[CleverClogs]

Re: Store card debtors to be let off

Store card debt "unenforceable"

A spokesperson for Santander Cards said: “We are currently reviewing our options in response to the case.”

What options?

They've left it too late to appeal, though they might try to appeal out of time.

Any new attempt to sue would surely be struck out as abuse of process.

They could try to beg the alleged debtor to pay them, but I rather doubt that she would.

They would appear not to have any lawful remedies left.

[Shadowcat]

Re: Store card debtors to be let off

It's easier for the bodies like FSA to put all this mess down to debt avoidance as the little man usually can't argue back. Instead, they need to take a long hard look at how they've been hoodwinked in exactly the same way as us and stop taking the easy option by blaming the oridnary person, turning the attention instead on the awful abuse of the financial system that has occured in the last decade. And shows some b**** and deal with it.

[Guest]

Re: Store card debtors to be let off

I realise this was posted a while ago but I've just been sent a link to this thread.

Although this case won't set legal precedent in the conventional sense, it does set precedent in terms of consumer power. After decades of watching the banks do as they please with little regard for the law and no regard whatsoever for the consumer, we are finally seeing an example of justice for the consumer.

Banks have no-one but themselves to blame. They have virtually unlimited resources, in-house legal teams, large Compliance departments, state-of-the-art data processing and storage systems, yet they can't even do something as basic as draft a new credit agreement for the millions of storecards suddenly converted to general purpose credit cards. This is utterly unbelievable, as consumer credit IS the core business of such institutions. The only explanation for this failure is their arrogance, consistently thinking they are above the law and all they have to do is issue court papers through the bulk centre and the consumer will just roll over and pay without argument. This case has shown that the consumer CAN and WILL challenge such agreements.

The defendant in this case had been paying without fault the amount arranged with the bank, yet the bank saw fit to issue a claim. The fact that they not only lost in court but were liable for a sizeable sum in costs should make banks think twice before starting litigation. This victory will empower consumers to defend against the bully banks that caused the global financial meltdown responsible for the debt crisis many of us are facing.

Three Cheers to Mayhew, a very brave defendant, Paul and Watsons Solicitors for their excellent job!

[ODC]

Re: Store card debtors to be let off

I have an M&S case which has done the list of the pond life with not one of them willing to accept my offer of taking it to court. The leeds losers even offered me a 75% discount. I reckon 75% of F All is still F All