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Re: Summons from Arrow Global using Restons Re: M&S Financial services
Good morning, welcome to LB,
You say you paid the " final statement" would this have included all purchases, interest and charges incurred up to the date you made the payment.
The debt has been sold to AG by M&S bank and AG will know nothing of the " disputes " with the bank.
What is the amount claimed (£2035?) made up of, is it interest and charges arising from items not included in the final statement?
The problems you mention should have been addressed to M&S bank, AG will (as said) no knowledge of any disputes and will not be interested in them.
No copy of agreement produced? Renders the debt unenforceable Until an agreement or a compliant reconstituted agreement has been supplied.
Your defence is fine to send.
nem
Originally posted by Bobkharwar
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Please can you kindly overview this defence as it needs to be filed later on today using mcol.
1. I received the claim xxxxxxxx from the Northampton County Court on 15 February 2016
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a credit card / charge card contract regulated under the Consumer Credit Act 1974.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of the claim clearly fail to state when the agreement was entered into with the claimant The claimant inherited the rights of the original agreement when it bought the debt. I would take this para out.
6. The Claimants statement of case states that the account was assigned from Marks and Spencers financial services to Arrow Global Limited on 17 February 2015. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Marks and Spencer Financial Services Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8. On the 22 February 2016 and then again on 11 March 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Nigel Petrie Coe of Reston Solicitors Limited. I requested the Claimant provide copies of the Contract dated Sept 01, 1988 and Notice of assignment dated 17 Feb 2015.
9. Restons Solicitors Limited has not sent any of these documents to me.
10. On the 22 February 2016 and then again on 11 March 2016 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
13. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed
Dated 14 March 2016
other facts of the case (should I share these with the courts now)
It was a very difficult time dealing with Marks and Spencer's Bank. They had a whole catalogue of administrative errors spanning a period of six months from May to October 2013 where patience was tested to the elasticity limit and absolutely nothing was done by them or their officers to correct the errors committed by them despite various reminders and assurances. After investing time and resources on various phone calls with Marks and spencer's Bank on dates as per below and having absolutely no respite or no amendments to the setting up of the direct debit, I finally
decided to pay my last statement dated 13 October 2013 on 31 October 2013 by post with a letter and a request to close the account. All along between May and October 2013 despite a dozen phone calls to their Customer services and then their collections department they NEVER reinstated the monthly Direct debit that was set up with them since 1988.
M&S Financial Services who my account and contract was with since 1988 never provided me any terms and conditions as per the requirements of the CCA 1974 and never notified me when they changed their status from M&S Financial Services to M&S Bank. A transition took place when they changed from a financial services company to a bank and this was never communicated to me. All it resulted in was a marked deterioration in their service and their administrative capability.
M&S Financial services now M&S Bank have not operated under the auspices, rules and regulations that have been stipulated under the CCA 1974 replaced by the CCA 1988. They have infact become heavy handed in their coerciveness by selling this paid debt onto Arrow Global and their legal machinery Restons.
This particular claim has been brought by Arrow Global who it seems have purchased the non existing debt from M&S Bank and who have registered a default on my Credit file on 17/05/2015 and this has seriously prejudiced my credit score and rating between the months of May and December 2015. How could they be such an irresponsible and negligent lender without studying the facts of the case.
I have since filing the AOS with HM Courts written both to Arrow Global with a CCA request and also to Restons enclosing a CPR and
have not heard back from them despite confirmation that both my letters were delivered into them on 23/02/2016.
I seek the courts assistance in setting this situation right with M&S Financial Services, M&S Bank, Arrow Global and Restons for the
financial conduct that their actions, behaviour and conduct of this account has caused upon me an insurmountable administrative
and time consuming nightmare deploying my time, resources and effort in bringing all the facts to your notice.
I shall await a fuller consideration of the facts and will need full disclosure from all parties involved in this action before you.
1. I received the claim xxxxxxxx from the Northampton County Court on 15 February 2016
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a credit card / charge card contract regulated under the Consumer Credit Act 1974.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of the claim clearly fail to state when the agreement was entered into with the claimant The claimant inherited the rights of the original agreement when it bought the debt. I would take this para out.
6. The Claimants statement of case states that the account was assigned from Marks and Spencers financial services to Arrow Global Limited on 17 February 2015. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Marks and Spencer Financial Services Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8. On the 22 February 2016 and then again on 11 March 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Nigel Petrie Coe of Reston Solicitors Limited. I requested the Claimant provide copies of the Contract dated Sept 01, 1988 and Notice of assignment dated 17 Feb 2015.
9. Restons Solicitors Limited has not sent any of these documents to me.
10. On the 22 February 2016 and then again on 11 March 2016 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
11. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
13. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed
Dated 14 March 2016
other facts of the case (should I share these with the courts now)
It was a very difficult time dealing with Marks and Spencer's Bank. They had a whole catalogue of administrative errors spanning a period of six months from May to October 2013 where patience was tested to the elasticity limit and absolutely nothing was done by them or their officers to correct the errors committed by them despite various reminders and assurances. After investing time and resources on various phone calls with Marks and spencer's Bank on dates as per below and having absolutely no respite or no amendments to the setting up of the direct debit, I finally
decided to pay my last statement dated 13 October 2013 on 31 October 2013 by post with a letter and a request to close the account. All along between May and October 2013 despite a dozen phone calls to their Customer services and then their collections department they NEVER reinstated the monthly Direct debit that was set up with them since 1988.
M&S Financial Services who my account and contract was with since 1988 never provided me any terms and conditions as per the requirements of the CCA 1974 and never notified me when they changed their status from M&S Financial Services to M&S Bank. A transition took place when they changed from a financial services company to a bank and this was never communicated to me. All it resulted in was a marked deterioration in their service and their administrative capability.
M&S Financial services now M&S Bank have not operated under the auspices, rules and regulations that have been stipulated under the CCA 1974 replaced by the CCA 1988. They have infact become heavy handed in their coerciveness by selling this paid debt onto Arrow Global and their legal machinery Restons.
This particular claim has been brought by Arrow Global who it seems have purchased the non existing debt from M&S Bank and who have registered a default on my Credit file on 17/05/2015 and this has seriously prejudiced my credit score and rating between the months of May and December 2015. How could they be such an irresponsible and negligent lender without studying the facts of the case.
I have since filing the AOS with HM Courts written both to Arrow Global with a CCA request and also to Restons enclosing a CPR and
have not heard back from them despite confirmation that both my letters were delivered into them on 23/02/2016.
I seek the courts assistance in setting this situation right with M&S Financial Services, M&S Bank, Arrow Global and Restons for the
financial conduct that their actions, behaviour and conduct of this account has caused upon me an insurmountable administrative
and time consuming nightmare deploying my time, resources and effort in bringing all the facts to your notice.
I shall await a fuller consideration of the facts and will need full disclosure from all parties involved in this action before you.
You say you paid the " final statement" would this have included all purchases, interest and charges incurred up to the date you made the payment.
The debt has been sold to AG by M&S bank and AG will know nothing of the " disputes " with the bank.
What is the amount claimed (£2035?) made up of, is it interest and charges arising from items not included in the final statement?
The problems you mention should have been addressed to M&S bank, AG will (as said) no knowledge of any disputes and will not be interested in them.
No copy of agreement produced? Renders the debt unenforceable Until an agreement or a compliant reconstituted agreement has been supplied.
Your defence is fine to send.
nem
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