maharg v m&S

[mahargrisch]

Originally applied for M&S chargecard 1986.
Applied for CCA and recieved the following application form together with a letter stating that this is the original application form.
I was also sent T&C on separate sheet of paper dated 1986 plus conditions that refer to 2008.
These are the documents I have uploaded.
Also sent was 7 page doc entitled M&S CREDIT CARD IMPORTANT INFORMATION detailing current T&Cs.
As this will be the first CCA I have questioned I would appreciate any guidance.
Regards
Also sent M&S a SAR they have replied requesting a signature.

mahargrisch

[PAWS]

Re: maharg v m&S

cheer2.gifBlinking hell Maharg, you slid that victory in quietly! I would have melted the screen with toots and hooplas!
Well done to you, PT and all the contributors.animated-smileys-sport-014.gifanimated-smileys-sport-014.gif Boy, that was a long drawn out battle but hey, you did it. Well done for having the guts to fight. Have lots of treats to celebrate.

[ODC]

Re: maharg v m&S

Welldone to both of you, you for your perseverance Meharg and Paul for his legal brain.

[mahargrisch]

Re: maharg v m&S

The result.Victory

Sorry for going quiet on this but until it was settled I didn't want to give anything away


I was getting nowhere dealing with Restons on my own.
So engaged the services of the indomitable pt2537, and we had our day just not in court.


So many things wrong; from the Original agreement not having the prescribed terms or signed in the prescribed manner,improper default notice,incorrect POCs,statement of truth signed by Restons and not their legal representative and of course the old unsolicited credit token hooey.


The upshot was pt serving an Application for summary judgement on Restons/Arrow Global.


They held out until the last moment and then threw in the towel with a notice of discontinuance and offering£400.00 towards costs.
Pt managed to squeeze an extra£100.00,making a very apt monkey.


Because this was likely to be small claims and not eligible for costs I accepted their offer.
Costs less £500.00. Still better off by £3000.00 than not fighting.



Pt is the go to guy!

[ashlea]

Re: maharg v m&S

Like Brown 1950 I also need help with m&s as I have just received a fos decision that even though there is no signed &more credit card agreement in 2003 the protection plan I had taken out in 1986 with the original store card transferred to tho unsolicited 2003 credit card and had not been missold and that the chargecard policy was not cancelled when m&s cancelled the chargecard.The 1986 agreement is also missing any APR or interest rate


The decision makes no sense to me is it legal without a new credit card agreement?any help or advice would be appreciated. I am considering putting the account in dispute, how do I go about this.

[brown1950]

Re: maharg v m&S

[QUOTE=brown1950;483784]

I'm afraid they can, as long as there's an outstanding balance, any redress can be offset from it. Banks can even offset from another account you may have with them, for example, a current account to pay a defaulted credit card.

The lack of terms means the card may be unenforceable in court as was the one quoted above, but it doesn't mean the debt doesn't exist, so yes, they can offset. The FOS doesn't usually get involved in enforceability issues as that's up to a court to decide. :juge:[/QUOTE
Sorry to press this point but on what legal argument is your comment based regarding the offset by M&S. I just want to be aware of all the arguments before i issue proceedings against M&S

M&S who originally advised PPI offset was in accordance with the credit card t&c's from upgraded 2003 credit card are now
saying offset is in accordance with my original 1991 M&S Shopping Application form (Chargecard) The 1991 t&c do not have
any clause allowing the offset !
As this letter tennis needs resolving can anybody help with drawing up a POC for a court claim against M&S ?

[brown1950]

Re: maharg v m&S

[QUOTE=FlamingParrot;481778]I'm afraid they can, as long as there's an outstanding balance, any redress can be offset from it. Banks can even offset from another account you may have with them, for example, a current account to pay a defaulted credit card.

The lack of terms means the card may be unenforceable in court as was the one quoted above, but it doesn't mean the debt doesn't exist, so yes, they can offset. The FOS doesn't usually get involved in enforceability issues as that's up to a court to decide. :juge:[/QUOTE
Sorry to press this point but on what legal argument is your comment based regarding the offset by M&S. I just want to be aware of all the arguments before i issue proceedings against M&S

[ashlea]

Re: maharg v m&S

You probably know this already,

I found CCA74 s61, 65, 82, 127 (3) and Wilson v FCT (2) ECWA Civ 633 and Wilson & Others v Secretary or state for trade and industry UKHL40 made interesting reading as does schedule 6 of the 1983 regulations and regulation 7.

They are available on legislation.gov.UK and BAILII

GOOD LUCK

[Kandis]

Re: maharg v m&S

, this is an open thread, but there isn't much to worry about, we are not plotting something super-secret that no one should be made aware of, we're just quoting some well known cases where the court had to rule in favour of the defendant to stay within the law. :juge:

Yes I know that, and thank you! X
Think I meant by my comment was, that I didn't want the DCA clocking it was me.....how I got to that I don't know! It was late at night and I was tired. So ignore that stupid comment of mine FP. X,

[PAWS]

Re: maharg v m&S

Ihave no legal smarts at all I am afraid but I am behind you all the way and am cheering you on for what it’s worth. Oh and here’s a hug for you. :_tighthug__by_darkm

[brown1950]

Re: maharg v m&S

Many thanks for response.

In their PPI settlement letter M&S advised the set off clause was within the Credit Card terms & conditions !
No Credit Card conditions exist.? or could they being refferring to the original StoreCard application form ?

Any comments on this before i proceed against M&S for the recovery of the £2000.00 set off ?

[PAWS]

Re: maharg v m&S

Legal services, including defending these kind of cases, are now widely available online. Most of them don't offer anything more than what LB does. and LB advice is always free. If you do use online lawyers and partwith your hard earned cash, the first thing you should check is that they have the relevant indemnity insurances and are actually qualified to give the advice sought!

Don’t worry Mr. S. If, as you suggest I would need a solicitor present then the last thing I would do is go to these sort of chaps!!

[Mr $quanda£ot]

Re: maharg v m&S

Mr S’s letter is pure class!
We live on a hill surrounded by trees near the coast and it is blowing like hell out there. My friend lives in Bermuda and they have just been hit by a hurricane – haven’t been able to contact her since Thursday so I suppose it could be worse! [/QUOTE]

Some bits of the letter were kindly written by PT2537. I added some further paragraphs to keep them updated i.e. go away (or serve the court papers).

In addition, I have quite a few Mayhew referenced template letters. They work!

When it comes to the Santander vs Mayhew case I would like to point out that it is crucial to use an experienced consumer lawyer to defend a case like that. Most judges do not know the relevant CCA regulations to the same extent as Paul, so it is important that the defence is presented in the best possible way.

Legal services, including defending these kind of cases, are now widely available online. Most of them don't offer anything more than what LB does. and LB advice is always free. If you do use online lawyers and part with your hard earned cash, the first thing you should check is that they have the relevant indemnity insurances and are actually qualified to give the advice sought!

[FlamingParrot]

Re: maharg v m&S

I dont think any of the DCAs have had a successful CCJ of an M&S Storecard converted to Credit Card

Probably only in cases where they have obtained default judgment or where the defendant has admitted the claim due to ignorance.

After the Mayhew case, it's unlikely they'll be willing to go ahead with a defended claim but may still try it on hoping for an easy ride.

[ODC]

Re: maharg v m&S

I dont think any of the DCAs have had a successful CCJ of an M&S Storecard converted to Credit Card