marlin europe 1 ltd - marks and spencer credit card and reserve account

[pushbike]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Hi

Thank you but I am just a little bit concerned about the timescales. The date on the court claim form is 26/09/13.I have sent acknowledgement of service on 29/09/13 and issued CPR request on the same day to Weightmans. I did not send a copy of the CPR request to the court should I have done? Do I need to contact the court

Thanks

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Thank you but I am just a little bit concerned about the timescales. The date on the court claim form is 26/09/13.I have sent acknowledgement of service on 29/09/13 and issued CPR request on the same day to Weightmans.

If the date on the claim form is 26/09/13 and you have filed the AOS then you have 28 + 5 days (?) to file your Defence which according to me will be 29th October.

You have sent the Claimant a CPR request to which they have not responded so you need to agree a further 28 day extension to file your Defence with them and inform the court. If they won't agree to the extension then you can make an application to the court for an extension and if granted the Claimant will have to pay your legal costs of the hearing (which may be a telephone hearing).

I see from Weightmans' letter in your post # 5 that they say that they do not have any of the documents which you have requested using CPR, which obviously begs the question why did they issue proceedings without having them?

The POC in your post # 1 simply state that "the Defendant has defaulted on the monthly contractual agreement with the claimant". Erm, what agreement?

Can you PM PT2537 your phone number in case he needs to call you to discuss this :cell:

[pushbike]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Thanks I have sent phone no. should I write to weightmans to request a 28 day extension or shall I wait another day or two

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

I was paying off a marks and spencer credit card and reserve account in reduced instalments back in 2008 i then came out of work and couldnt keep up payments. Out of the blue I have had a letter from Marlin about the debt - i think - as they quote HSBC not M and S - demanding repayment or arrangement.

Just to clarify, these are two separate M&S debts/accounts which Marlin are seeking to claim on one summons. One is a credit card (which began as a store card) and the other is a Personal Reserve account which was an account with a fixed ceiling and a cheque book (is that right?). The Claimant refers to "a monthly contractual agreement" (singular) in the POC. Is/was this a monthly contractual agreement with M&S or an arrangement with Marlin?

When you were paying M&S were you paying one monthly sum under one account reference or two different sums under two different account references? Did you agree to these two accounts being consolidated into one account?

I have/had the same two products with M&S which have been sold to Marlin but they are writing to me separately about these.

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

should I write to weightmans to request a 28 day extension or shall I wait another day or two

Unless you hear different wait another 24 hours

[pushbike]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Hi

Yes there are two separate M&S debts/accounts. One a credit card and one a Personal Reserve account which was an account with a fixed ceiling and a cheque book. I was paying 2 separate monthly reduced payments ( Ł27 and Ł32 ) agreed only with Marks and Spencers and paying to Marks and Spencers . The accounts were never consolidated as one and I never agreed to consolidate them.

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

The accounts were never consolidated as one and I never agreed to consolidate them.

This may be completely irrelevant and wrong but I read it on another site and I'm curious to know whether it may help you too:

. . . . I've gone through my paperwork and found it. The OC in question had amalgamated a credit card balance and a flexi-loan balance with the small overdraft balance on my current account.... and then sold the whole lot to an external DCA under that current account reference number. As I had not signed any documentation authorising them to do this, the whole thing was challenged under CCA 1974; s82(2)/(3) as follows:

• 
  82 (2) Where an agreement (a "modifying agreement") varies or supplements an earlier agreement, the modifying agreement shall for the purposes of this At be treated as:-
  
  a) revoking the earlier agreement and
  
  b) containing provisions reproducing the combined effect of the two agreements, and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.
  
  (3) If the earlier agreement is a regulated agreement but (apart from this subsection) the modifying agreement is for running account credit, it shall be treated as a regulated agreement.
  
  
  
  
  

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

The Court does retain discretion on allocation, so it may be as you say that we can push to allocation to fast track but that depends on the issues etc.

How odd. On the POC Marlin (i.e. Weightmans) have put "the Claimant expects to recover no more than Ł15,000" which could mean they are expecting/wanting it to be allocated to the Fast Track so they can recover their costs even though the debt is just under Ł10k

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

I've noticed the case is in Liverpool County Court. That's handy because Paul Brant of Oriel Chambers is also in Liverpool and he knows a thing or two about upgraded store cards

[pt2537]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Tried calling, no reply, message left

[pushbike]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Hi sorry I have sent you a PM

Thanks

[MIKE770]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Hi sorry I have sent you a PM

Thanks

Hope yopu have not sent him Camrooooon!

[Mr $quandaŁot]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

I've noticed the case is in Liverpool County Court. That's handy because Paul Brant of Oriel Chambers is also in Liverpool and he knows a thing or two about upgraded store cards

Are you saying that those judges are more Mayhew friendly than Judge Manners was or is Paul Brant a barrister?

[PlanB]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Are you saying that those judges are more Mayhew friendly than Judge Manners was or is Paul Brant a barrister?

Paul Brant is THE barrister who represented PlanB in the Santander vs. Mayhew case which sent shock waves through the credit industry when they were faced with the knowledge that millions of credit card accounts (M&S has 2.5 million alone) are not enforceable in court

He is also famous for his triumph in the London North Securities vs. Meadows case where a couple borrowed Ł5k and the creditor tried (and failed) to sue them for a mind-boggling Ł384k including added interest and charges when they couldn't keep with their payments.
.
http://www.telegraph.co.uk/news/1475...5750-loan.html

Paul Brant is very much the consumer's friend.

http://www.orielchambers.co.uk/liver...ers/paul-brant

[FlamingParrot]

Re: marlin europe 1 ltd - marks and spencer credit card and reserve account

Are you saying that those judges are more Mayhew friendly than Judge Manners was or is Paul Brant a barrister?

This case is slightly different from yours, I've seen your thread and the type of product you had, which was a storecard morphed into a credit card without a new agreement, exactly the same type of product as the one Mayhew had, albeit from a different provider. In Pushbike's case, they have amalgamated two separate products into a single claim.