Need help with drafting a POC for an offset by M&S Bank
History :-
In 1991 obtained an M&S chargecard for use only within M&S stores. Have a copy of my original application and
Terms / Conditions.
In 2003 M&S sent me a new credit card (but no new / agreement /terms &conditions) New credit card can be used worldwide.
In 2008 owing to redundancy i entered into an agreement to pay £30 a month with M&S suspending interest charges.
Continued to pay the £30 a month until 2013 when i claimed a PPI refund via FOS
In 2014 received PPI settlement from M&S less £2,000 being the amount still owing on the credit card.
I challenged M&S on this offset and they advised the offset was in accordance with their Credit Card T&C's !
When i pointed out to M&S i have no agreement / T&C's for the credit card they then said offset was in
accordance with the 1991 conditions !
On looking at the 1991 conditions i cannot see any reference to a clause allowing any offset !
I have now come to the end of trying to resolve this with M&S accordingly i am looking to take them to
Salford CMC small claims and would appreciate any help with drafting a Particulars of Claim against M&S Bank
History :-
In 1991 obtained an M&S chargecard for use only within M&S stores. Have a copy of my original application and
Terms / Conditions.
In 2003 M&S sent me a new credit card (but no new / agreement /terms &conditions) New credit card can be used worldwide.
In 2008 owing to redundancy i entered into an agreement to pay £30 a month with M&S suspending interest charges.
Continued to pay the £30 a month until 2013 when i claimed a PPI refund via FOS
In 2014 received PPI settlement from M&S less £2,000 being the amount still owing on the credit card.
I challenged M&S on this offset and they advised the offset was in accordance with their Credit Card T&C's !
When i pointed out to M&S i have no agreement / T&C's for the credit card they then said offset was in
accordance with the 1991 conditions !
On looking at the 1991 conditions i cannot see any reference to a clause allowing any offset !
I have now come to the end of trying to resolve this with M&S accordingly i am looking to take them to
Salford CMC small claims and would appreciate any help with drafting a Particulars of Claim against M&S Bank
Help with drafting Particular of Claim
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