M&S store card turned credit card - what next?

[gravytrain]

Re: M&S store card turned credit card - what next?

Yes I understand the argument, I am sure your lawyer will way up the pro's and cons for you. I re read the judgment last night, and I still think that the variation/ modified agreement angle has been a little over stated in most reports, only my opinion. The solicitor who was there will of course have a better idea.
I am only reading the transcript, but it does read like the judgment was based on three other issues as well.

Together with the fact that this was only in the lower court and sets no precedent.
I would only say treat it with caution, you are doing the right thing by taking advice in my opinion.

[Mr $quandaŁot]

Re: M&S store card turned credit card - what next?

I do not wish to diminish your claim but the case mention won on four issues, only one of which was the section 82 breach, it is as well to look at the enforceabilty of the original agreement before jumping to conclusions IMO, in addition it may be as well to check that it differs in a substantive amount to the "modified" agreement, if it doesn't they could say it was just a variation, just a note of caution.

The original agreement was for their store card, not for a master card. This was a significant factor in the Santander vs. Mayhew case as a store card is a limited use card with a fairly small credit limit, while a master card can be used pretty much everywhere. Santander tried this 'variation' argument in court but it was subsequently rejected for the reasons I just mentioned.

This is not to say that M&S/HSBC won't try their luck. I do have a specialist consumer lawyer in mind who would be happy to take the case on no win no fee basis and sounds very confident indeed winning it, hence my decision to defend if need be.

I am surprised that not a single DCA has contacted me so far, hence my thread. Is it just calm before the storm?

[gravytrain]

Re: M&S store card turned credit card - what next?

I do not wish to diminish your claim but the case mention won on four issues, only one of which was the section 82 breach, it is as well to look at the enforceabilty of the original agreement before jumping to conclusions IMO, in addition it may be as well to check that it differs in a substantive amount to the "modified" agreement, if it doesn't they could say it was just a variation, just a note of caution.

[ODC]

Re: M&S store card turned credit card - what next?

I too am in the same position owing a substantial sum on an M&S store card converted to an unasked for Credit Card. I received the usual barrage of threats from M&S before entering the DCA merry go round along with Pseudo solicitors letters and all sorts of warning. It's been recently passed from the Leeds Losers to their Glasgow Heavies BCW. Naturally they have issued the usual dire warnings and empty threats. Their recent missive has now been one of their infamous once in a lifetime 50% discount.

This has been going on for 4 years now so it's obviously they all know they have diddly squat.

I have not spoken to or written to any of the myriad of the leeches who have sent their begging threatomatics nor do I intend to. BCW will sure as hell pass it down the DCA dung pile to some other low life scum and I will have another few weeks of empty threats.

M&S were warned at the time that what the did was wrong and now they are reaping what they have sown.

[Mr $quandaŁot]

Re: M&S store card turned credit card - what next?

I guess the main question here would be: did you ever sign a new agreement for the credit card?


If not, you would be in a similar situation to Mayhew, see here for more details ---> http://www.bbc.co.uk/news/business-17670803

Both the defendant on the above case and one of the solicitors involved are LB members.

No new agreement signed for their mastercard.

Just curious whether M&S (HSBC) might serve the court papers regardless in the hope that I wouldn't defend? I would of course and have made it crystal clear on all my correspondence with them.

[gravytrain]

Re: M&S store card turned credit card - what next?

Was there an original signed agreement in Mayhew ?

[FlamingParrot]

Re: M&S store card turned credit card - what next?

I guess the main question here would be: did you ever sign a new agreement for the credit card?

On the specific point at issue in Diana Mayhew's case, M&S declined to say whether it had supplied all its cardholders with updated terms and conditions at the time of the upgrade.

If not, you would be in a similar situation to Mayhew, see here for more details ---> http://www.bbc.co.uk/news/business-17670803

Both the defendant on the above case and one of the solicitors involved are LB members.