M&S Bank Pre Legal Recoveries

[Mr $quandaŁot]

In November I received a letter from Pre Legal Recoveries regarding my alleged M&S mastercard account debt of Ł10k.

The letter said:

"Unless you clear the amount due within the next seven days, or contact us by then, we may transfer your account to a debt collection agency. We will also consider referring your account to the solicitor at M&S Bank, to start legal proceedings to recover the outstanding balance of this debt, including:

A charging order against your property. Should you decide to sell or re-mortgage your property, our claim, together with costs and further interest from the courts (Judicial Interest) will have to be paid to us from your share of the property.

An attachment of earnings. This may result in money being deducted directly from your wages to repay this debt. Your employer may become aware of the debt as a result.

A Warrant of Execution. This is when a Court bailiff is given the authority to take goods belonging to you from your home. The cost of taking goods, storing and selling them at auction is deducted from the amount raised. The court then pays the sale proceeds towards repaying the judgement debt."

Bastards failed to mention that to do any of the above they would need a court order which they are not going to get due to lack of compliant CCA. Oh, I don't own my property and I'm on the Social so what the heck anyway. I'm still waiting for the court bailiff!

Shouldn't Pre Legal Recoveries be reported to authorities for misleading communication? If so who should I contact?

[labman]

Re: M&S Bank Pre Legal Recoveries

Shouldn't Pre Legal Recoveries be reported to authorities for misleading communication? If so who should I contact?

Typical scare tactics which would frighten the average person to death. However, they mention the possible start of legal proceedings which I guess covers the court bit, and thus the 'misrepresentation' of the other bits.

The people who pen these templates really are wazzocks aren't they!

[FlamingParrot]

Re: M&S Bank Pre Legal Recoveries

Sadly, not everyone is as clued up as those fortunate enough to be here discussing this issue. Many people are scared to death by such threats because they don't know the process, they have no idea they would have to obtain a CCJ first and that doesn't just happen, they would receive a claim in the post which they could defend or settle, and even with a CCJ, most people never see a bailiff (not for debts such as loans and credit cards) or have an attachment of earnings.

I have seen Mr $quandaŁot's other threads and this is one of them store cards turned credit cards without a new agreement, so all they can really do is shout, because if they went to court, M&S would suffer a similar fate as Satan's Den when they went against Mayhew. :bounce: :bounce: :bounce:

Threats like that, along with potential doorstep visits, make some people feel suicidal, even over much smaller debts. They can see themselves losing everything they have unless they can pay, sometimes people will make payments to debt collectors at the expense of priority debts such as mortgage, rent or council tax because the DCAs "shout the loudest". The council, on the other hand, will only send two reminders per year, then go on to issue summons. You are much more likely to get a bailiff visit over a few hundred pounds worth of unpaid council tax than tens of thousands worth of credit card debt and loans, but not everyone knows that.

Payday lenders are even worse, some go as far as threatening to have the debtor arrested at their place of work! :scared: :scared: :scared: All over a few hundred pounds!

But DCAs are not the only ones who issue threats like that, I've been threatened with bankruptcy, :scared: repossession :scared: and even prison :scared: :scared: by people I don't owe a penny to, and who should know much better, while my creditors have forgotten all about me (at least for the time being ray :noidea:

[wales01man]

Re: M&S Bank Pre Legal Recoveries

The OPs post begins with the words (alleged Master card debt)
if its alleged is it their debt or not just by alleging its not their debt does not make it go away my question id do they owe the money?
the chances are that its not their debt or its not enforceable both which need addressing or ignoring?

[FlamingParrot]

Re: M&S Bank Pre Legal Recoveries

The OPs post begins with the words (alleged Master card debt)
if its alleged is it their debt or not just by alleging its not their debt does not make it go away my question id do they owe the money?
the chances are that its not their debt or its not enforceable both which need addressing or ignoring?

It is a "real" debt but unenforceable as per Santander v Mayhew as it falls into the same category. PT looked at his agreement last year.

This is the OP's main thread: http://www.legalbeagles.info/forums/...hat-next/page3

[wales01man]

Re: M&S Bank Pre Legal Recoveries

If any of my debts were unenforceable i would not be worrying i dont worry about them anyway i aint got the money to pay thats it maybe the OP is in the same position hope they can deal with it without to much stress its no worth worrying

[FlamingParrot]

Re: M&S Bank Pre Legal Recoveries

If any of my debts were unenforceable i would not be worrying i dont worry about them anyway i aint got the money to pay thats it maybe the OP is in the same position hope they can deal with it without to much stress its no worth worrying

I agree 100%, mine are unenforceable too and I no longer worry about them, I used to worry when I first stopped paying and I hadn't found these forums and was receiving non-stop letters and phone calls. 3 years later, it's all a rather distant memory! :grin:

I have told the OP the same thing but he is a worry-wart! :lol: :lol: :lol:

[ODC]

Re: M&S Bank Pre Legal Recoveries

I too had one of these Storecards turned to Credit Cards. I have lost track of the number of DCAs who have threatened me over it. I just got to the stage of ignoring them as the basic drivel from them was the same. Since Mayhew and probably long before then they know they are unenforceable and Im sure they can find people easied to scare than me

[labman]

Re: M&S Bank Pre Legal Recoveries

It's interesting that when I first got into debt through losing my health, and thus my career, I used to be physically sick (literally) every morning waiting for the postman. The letters exacerbated my illness. Being sick was only the tip of the iceberg in terms of what DCA's and bailiffs did to me.

It was the tactics used during that awful time in my life that persuaded me to devote my days to trying to stop others going through what I did.

[wales01man]

Re: M&S Bank Pre Legal Recoveries

i never was sick but i used to worry what would happen next and scared of the next letter chasing the debts i read on the net sites with info like LB and realised i was in the same boat as many others, now we wait for the letters and laugh at all the empty threats from morons like the leeds losers in 4 plus years we have not paid or acknowledged any debt collector had one doorstep caller last week told him no one of that name ever lived here he went away now waiting for the dca for that debt to write again or pass it on to another.All the letters are filed and keep going through them no matter who sends letters they all threaten the same with no action i fimly fell that if like me you have no money no assets what can they do .most collectors wont spend money to chase a debt they know cant be paid they can check our credit history.Those that issue SDs or CCJs probably know there is money to collect.
So the lesson may be if you got it they will try to get it if you aint got it they wont bother true in my case at least

[ODC]

Re: M&S Bank Pre Legal Recoveries

It's interesting that when I first got into debt through losing my health, and thus my career, I used to be physically sick (literally) every morning waiting for the postman. The letters exacerbated my illness. Being sick was only the tip of the iceberg in terms of what DCA's and bailiffs did to me.

It was the tactics used during that awful time in my life that persuaded me to devote my days to trying to stop others going through what I did.

We have all been there. In my case it was The Leeds Losers who drove me to the limit. Then I discovered sites like this and realised that DCAs are Lying Scumbags who have little or no power whatsoever. Thanks to sites like this I no longer fear the forest loads of Bull$hit letters I get from these leeches

[FlamingParrot]

Re: M&S Bank Pre Legal Recoveries

It's interesting that when I first got into debt through losing my health, and thus my career, I used to be physically sick (literally) every morning waiting for the postman. The letters exacerbated my illness. Being sick was only the tip of the iceberg in terms of what DCA's and bailiffs did to me.

It was the tactics used during that awful time in my life that persuaded me to devote my days to trying to stop others going through what I did.

I'm fortunate to be in good health, in my case, it was the Credit Crunch caused by the banks, :mad2: and subsequent recession, that made me get into debt.

I hate to think what effect some communications I have received, would have on someone who is unwell, suffering from depression or mental health issues, etc.

[Mr $quandaŁot]

Re: M&S Bank Pre Legal Recoveries

But DCAs are not the only ones who issue threats like that, I've been threatened with bankruptcy, :scared: repossession :scared: and even prison :scared: :scared: by people I don't owe a penny to, and who should know much better, while my creditors have forgotten all about me (at least for the time being ray :noidea:

How is this possible if you don't own - even in terms of unenforceability - anything? If someone - be it a company or individual - threatens that surely it should be dealt with?

[Mr $quandaŁot]

Re: M&S Bank Pre Legal Recoveries

If any of my debts were unenforceable i would not be worrying i dont worry about them anyway i aint got the money to pay thats it maybe the OP is in the same position hope they can deal with it without to much stress its no worth worrying

I'm not worried but rather angry at banks' empty threats (Pre Legal Recoveries is part of M&S Bank which is wholly owned by HSBC). Pre Legal Recoveries rang last time more than six months ago. I refused to answer their security questions. They still talked about the alleged debt. I mentioned 'Mayhew' when they said that I wasn't the first one to 'try it on'. They said they would take me to court. I laughed. The guy got very angry indeed and put the phone down! Later M&S passed the account to Rockwell. At one point Rockwell appeared to have returned the account to M&S. Later I received a letter from Rockwell, saying that their previous letter was sent in error. I sent Rockwell a 'final letter' in red font saying that I would not discuss the matter with them. They then sent a letter saying that they would contact their client. I've never had a single call from Rockwell on my landline. I changed my mobile number before Christmas as I entered into a new contract so neither Rockwell nor M&S has my new mobile number!

[ODC]

Re: M&S Bank Pre Legal Recoveries

I must dig out my file on this. Rockwell were one of the pond life as were call crudit and even the Leeds Losers but none ever actually were foolish enough to go down the court route. I think the Mayhew case was the final nail in their coffin. M&S/MBNA
were warned about this years ago