Marshall Ward / Default Notice Question

[sytra]

Hi, have not been here for while but my wifes old Marshall Ward debt is catching up.

It was taken out online in aug 07 all went well until early 2012 when we started to struggle with money. At the time she also had a littlewoods account they accepted lower payments for a few months and it sorted itself out. However MW refused, we made a payment of £50pm but this litterally just covered the interest and charges. In the end sep 12 they sent the default notice and closed / sold the account to Capquest.

Not heard a thing from them since 2013 then in Oct this year we get a letter demanding the payment, this was ignored but now the latest letter is passing the info to Restons so i thought we had better do something.

In amongst all the old paperwork is a DN from Isme but I believe it is faulty on a few points.

1, time to remedy fails to allow for service
2, bolded words not underlined (not sure if they have to be or just bold)
3, is there supposed to be a further statement at the bottom of the notice since 2008?

[charitynjw]

Re: Marshall Ward / Default Notice Question

For ref, Marshall Ward became Isme.
Isme then became Very.
All brand names of Shop Direct.

- - - Updated - - -

Hi sytra

Could you post up a copy of the DN? (Personal data obscured)

[sytra]

Re: Marshall Ward / Default Notice Question

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[MIKE770]

Re: Marshall Ward / Default Notice Question

usual no time for postage allowed?

[charitynjw]

Re: Marshall Ward / Default Notice Question

2, bolded words not underlined (not sure if they have to be or just bold)

Just 'afforded more prominence'.
http://www.legislation.gov.uk/uksi/1...ulation/2/made
s2(5)

[sytra]

Re: Marshall Ward / Default Notice Question

Please can someone cast an eye over the agreements that Capquest sent in response to a CCA request in 2013, I know the agreement is post April 2007 so they can provide a recon but I don't think they fulfill the requirements but not sure.

1, the dates on the agreements don't seem to tie in, Capquest say the account was opened around Aug 07 the first agreement is dated by Shop Direct 23/04/07 so almost 4 months earlier.
2, Under Key information, it says details in relation to charges are available from us, should they have been provided with the CCA?
3, the second agreement, again the dates don't match up, the agreement is dated 04/05/2010 the account was closed and terminated in 2012 so over 2 years later than the agreement.
4, the second agreement makes reference to Take 3 Payment, wasn't this specific to Very, this account never became a very account and was terminated as an ISME account (closed before they merged ISME into Very).
5, I am sure I have seen 2010 T&C somewhere that state the default charges however, these dont and just say the same as the first lot that details of charges are available from them. (eg here from Amethysts Post http://legalbeagles.info/forums/show...rms+conditions )
6, Would the agreement have been Shop Direct Finance Company Ltd in 2007, I have seen references to Littlewoods Shop Direct at that time but don't know if that covered all the brands, the source while not 100% accurate says they didn't start to use Shop Direct Finance Company until 2008






Thank you for your help

[charitynjw]

Re: Marshall Ward / Default Notice Question

Please can someone cast an eye over the agreements that Capquest sent in response to a CCA request in 2013, I know the agreement is post April 2007 so they can provide a recon but I don't think they fulfill the requirements but not sure.

1, the dates on the agreements don't seem to tie in, Capquest say the account was opened around Aug 07 the first agreement is dated by Shop Direct 23/04/07 so almost 4 months earlier.
I think the 23/04/07 relates to the date when that particular format for the agreement/T&Cs came into existence, not that you signed it on that date.
They are updated from time to time, & usually have an indentifier of some type to show the applicable details.
2, Under Key information, it says details in relation to charges are available from us, should they have been provided with the CCA?
3, the second agreement, again the dates don't match up, the agreement is dated 04/05/2010 the account was closed and terminated in 2012 so over 2 years later than the agreement.
Same info as 1, above. But worth checking.
4, the second agreement makes reference to Take 3 Payment, wasn't this specific to Very,
Apparently so.
this account never became a very account and was terminated as an ISME account (closed before they merged ISME into Very).
I can't find accurate authority on when Isme was absorbed by Very; Very was launched July 2009.
The DN does have the SD name, reg office address & company number on it.
I wonder what the barcode & data matrix (square box thingy) on the DN might reveal?
5, I am sure I have seen 2010 T&C somewhere that state the default charges however, these dont and just say the same as the first lot that details of charges are available from them. (eg here from Amethysts Post http://legalbeagles.info/forums/show...rms+conditions )
6, Would the agreement have been Shop Direct Finance Company Ltd in 2007, I have seen references to Littlewoods Shop Direct at that time but don't know if that covered all the brands, the source while not 100% accurate says they didn't start to use Shop Direct Finance Company until 2008
Taken from http://legalbeagles.info/forums/show...hat-next/page5 post #106

There are 2 companies, Company No 05355009 & Company No 04660974.

05355009
https://beta.companieshouse.gov.uk/c...history?page=2
Changed name from Everyday Management Services Ltd to Shop Direct Finance Company Ltd - 19th November 2008.
https://s3-eu-west-1.amazonaws.com/d...stMonP6BwgU%3D
Changed name from Shop Direct Finance Company Ltd to Littlewoods Finance Company Ltd - 5th January 2009
https://s3-eu-west-1.amazonaws.com/d...OaYosJGCwgU%3D

04660974
https://beta.companieshouse.gov.uk/c...history?page=3
Changed name from Littlewoods Finanance Company Ltd to Shop Direct Finance Company Ltd - 5th January 2009
https://s3-eu-west-1.amazonaws.com/d...OaYosJGCwgU%3D

So on 5th January 2009, the 2 companies appear to have swapped names.

Both company numbers are registered address Aintree Innovation Centre from 31/01/2006. (But the names have changed at various times).

But as far as I can see, Shop Direct Finance Company Ltd (the name) didn't exist until November 2008.

But please note that the poster lost the court hearing (imho, unfairly, but it's not my opinion that counts!).

It would also be worth checking out Caroline Donnelly (signed both agreements).
The first mention I can find in relation to SD (SD Trustees Ltd) is 05/09/2007.
https://s3-eu-west-1.amazonaws.com/d...LZkosLqbwgU%3D

[sytra]

Re: Marshall Ward / Default Notice Question

Hi,
I have had a reply to my SAR from Shop Direct and just wanted to try and clarify something.

In among all the printouts it obviously has all the payments, interest etc and the printout of what all the codes mean. On the some of the statements it says interest charge with the code 197K, reading their printout it says 197K LX DIRECT ONLY (just like this is in bold)

Now the issue I have is the catalogue was initially Marshall Ward and on the paperwork changed to ISME sometime in 2009 so has never been LX Direct which I believe is another branch of Littlewoods (ok I know it is the same company but the code specifically says LX Direct only) and also had an interest adjustment on closure of the account where they took nearly £400 off but the balance stayed the same.

A few things:

1: Does this mean the interest charged was or may be incorrect?
2: As some of the 197K charges are before the issue of the default notice, will the interest if wrong, further invalidate the notice?
3: On the default, it says we needed to pay the arrears by such a date, but also said on the same date they would request the outstanding balance of £1500+ so even IF the arrears had been paid we would still have had to find the other £1500+?

Sorry if I might be barking up the wrong tree but just want to try and get as much ammo to fire back at Capquest and Restons.

Also had a couple of replies from Restons, first moaning as we didn't sign the CPR request, then they just sent the usual blurb about we will have statements, default notice etc so they don't have to respond and we are wasting theirs and our time so just need to pay within 14 days or they will issue a county court claim (they can bxxxxr off on that one, would rather try and fight them where we can), they also say that they are unaware of any CCA request, well Capquest must be keeping quiet as they were CCA'd in 2013.

I have also done some digging on the T&C's, from what I can tell the ones from when the account was closed are incorrect as they are virtually the same as the first ones, however, on the wayback machine it has an archived page from ISME from the same month as account closure and they are totally different...

[sytra]

Re: Marshall Ward / Default Notice Question

sorry to bump, anyone got an idea if the interest code is worth looking into, from what I can gather Marshall Ward claimed 39.7% and Isme was 44.9% yet the LX Direct was only 25 or 27%?

[sytra]

Re: Marshall Ward / Default Notice Question

Might have something, LX Direct is part of the Littlewoods Financial Services and not shop direct financial services