Claim form received, guidance needed pls

[MIKE770]

Celestine might be able to check for you?

[Dogwoof21]

Celestine Thx I have drafted my defence. Should I send it via a private message?

also pls could you tell me if I need to go into more detail regarding them not following correct pre-action protocol? Do I attach proof of my response request for info and them applying for court claim before even giving me 30 days to review or reply to me?

Once I have submitted my defence and they then review it and possibly supply evidence, then what? Do I get another chance to review or is that the mediation process or decision. Sorry just want to be clear on process.

thank you

[Celestine]

If you just upload it to the thread (remove name, claim no, precise £ numbers) we can check it through. Yes lack of compliance with pre action protocols can be included if it strengthens your case.

[Dogwoof21]

Celestine thank you kindly for offering to check, so much appreciated.
court claim dated 16th April, acknowledge on 20th April, pls can I double check what date to email as don’t want to get it wrong!
look forward to you comments back, thank you

[Celestine]

All looks fine.
Submit before 18th May latest please.
Send by email but also put a hard copy in post to court and opponent.

[Dogwoof21]

Thank you so much for your prompt response and your forum! Will do.

[Dogwoof21]

Me again! Been all quiet since May, but now received a new letter from MC threatening to lift the stay. Can I continue on this post so u can assist with viewing the history of my case pls?

[Celestine]

Yes of course, please update us fully X

[Dogwoof21]

Celestine thank you x
so haven’t heard anything since end of May when MC confirmed they had received my defence and referred it back to Cabot for comments and instructions. They confirmed the “matter has been placed on hold and no further action will be taken”

Yesterday 12th Jan I received a letter from MC dated 5th Jan giving me 7 days to reply from date of their letter (taking me the 12th) “ if we don’t hear from you and can’t reach a settlement agreement within 7 days of this letter, our client has instructed us to make an application to lift the stay on proceedings and request a summary judgement”

the letter starts with them needing time to get info from original lender: they state they enclose the following:
signed agreement - they have sent me one which isn’t even my name and doesn’t relate to this case! (data protection breach?!)
*original T&C’s- which look like a general newer template and show the newer logo of the card company which didn’t exist as the time, so not the *correct T&C’s at time agreement date if that makes sense. They’ve just used a recent copy they probably had on general file. Is this allowed?
*defaulted T&C’s- copy of a letter on plain paper claiming to be from CC company-no company logo or address on paper, just text.
*statement of account- excel spreadsheet only showing some dates, then some non- headed paper CC statements
*default notice- again just a plane piece of paper with text, not headed paper.
*Notice of assignment- from original CC company and then confirmed by copy of letter from Cabot

They claim that my defence was a template and i do not have a valid defence. They say Cabot remains willing to settle, please contact with any full and final settlement proposals.

I have emailed them yesterday (subject as urgent) immediately to acknowledge their letter and state it has been received on the 7th day! I kept it brief stating that they need to give me an opportunity to respond once I had viewed all the document, otherwise I will inform the court they have not given me time to do so.
I also mentioned that the credit agreement was not relating to this case.

I had an auto-response stating it could take them 14 to reply.

I know how ruthless they are as they previously made the court claim despite having received a response from me for a request for information within the time frame and they even messed up themselves by applying before there own timeframes in their letters. this was mentioned in my defence. So I wouldn’t out it past them to apply to lift the stay regardless.

please can you advise :
Will I be notified if Stay is lifted or will judgement just be made?
I remember about a directions questionnaire or Tomlin order, so is this sent automatically if stay is lifted to find resolution?

what is your advice on next steps to proceed please?

thank you for your time in advance x

[Celestine]

Cabot are doing this a lot recently. Lifting the stay is fair enough if they feel they've finally been able to comply with your CCA/CPR requests, but seeking summary judgment is a bit harsh.
We would need to see the CCA documents (suitably redacted) to comment if they are compliant.
What year was the account opened? What year defaulted?

They've really got quite a nerve commenting that your defence is a template! What else are you meant to use?? They really shouldn't use that as a point of attack on litigants in person, it's really quite abusive, especially when the legal regulators specifically recommend the use of legal templates for small claims/civil matters.

[Dogwoof21]

Celestine Thx. Account opened 2004, defaulted 2014, transferred to Cabot 2017.
the “agreement” they have sent me is actually a “signed application”. Is that the same thing and legal to use for a CCJ?
shall I email the documents to you with personal details omitted? Thank you.

[Dogwoof21]

Celestine
Morning, Attached is credit card application which is the only signed document they have sent me. They have sent various odd random pages of general agreement terms which I think they have just hoped they could pass off as being related to this account. one of the agreement terms in M&S Bank not M&S Money. M&S bank wasn’t launched until 2012! Application is 2004! T&C’s also have 0345 numbers on them which M&S didn’t start using until 2014.
Does this help my case?
should I go back to MC highlighting these as not being the correct documents and not substantial?
thank you x
A631A307-2CBD-44C2-B13E-7D875F46BBCD.jpeg
Let me know if you can see/read it ok, if not I’ll upload is as full size x
letm

[Celestine]

Hi, I would need to see a clearer copy please. What does the small print say?
If it has the key terms and does not reference another document, it could be compliant....hard to say.

[Dogwoof21]

Would it be ok to email it to you pls? X

[Dogwoof21]

Celestine
It’s not particularly legible on my copy either so I’ve written it out below as best I could. The typing at the top left refers to Credit Ageement Act 1974

“ this agreement is made between us marks and spencer financial services plc, Kings Meadow, Chester, CH99 9FB and the person named below. Marks & Spencer MasterCard Visa is only available to UK residents aged 18 years or over. Application subject to status. Your ‘and more’ credit card Will be a MasterCard. Visa credit card is available on request”

the writing at the bottom is even harder to read but think it says the following;

” before granting credit we will search the files of one or more credit reference agencies who will supply us with credit information from the electoral register. These agencies will keep a record of the search whether or not the application proceeds and this information may be used by other lenders in assessing applications for credit by you and those with whom you are linked financially and or for debt (illegible word). We may make periodic searches of credit reference and fraud prevention agencies to manage your account with us to take the decisions regarding Credit including whether to make Credit available or continue to extend existing credit. The searches will not be seen or used by lenders to assess your ability to obtain credit. Your name address and date of birth will not be made available to companies outside the Marks & Spencer’s group for marketing purposes although the data may be held by the Marks & Spencer‘s group or by approved organisations which may include insurance companies in order to maintain your account for testing monitoring training and to process your account and in respect of insurance products for underwriting and claims handling. We may disclose any information relating to your account where in our reasonable opinion this is necessary for the prevention of fraud money laundering or we have a legal obligation to disclose it to any person making the request. We may check your details with four prevention agencies and if you give us false or inaccurate information and we suspect fraud we will record this. We may share this information within the group and with other organisations to make decisions about you or anyone financially associated with you for a credit or insurance purpose. You declare that you are entitled to disclose information about any one else referred to by you and authorise us to search link and or record information as credit reference agencies about you and or anyone else referred to by you we will link applicants and or any individual identified as your financial partner at credit reference agencies which will link your financial records. Therefore each other’s information may be taken into account on future applications by either or both of you. You have the right to ask for a copy of the information we hold on you and to have any inaccuracies corrected.
The Marks & Spencer‘s group may use your details to send your information about other goods or services for the research purposes this information may be offered to you for research carried out by any reasonable means including letter telephone or electronic communications. if you prefer not received such information please tick the box. I confirm that the information that I have given here is true and correct. I understand that it’s sole discretion Marks & Spencer‘s financial services plc May declined to issue me with a ‘&more’ credit card or subsequently cancel it.
Your right to cancel
once you have signed this agreement you will have a short time a right to cancel. Exact details of how and when you can do this will be sent to you by post by the creditor”
I appreciate you help x