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  1. Thank you DX, that sounds like a plan, but are they likely to reinstate the court case? �� Thank you Andy, I looked at the link, it looks promising, but it was dated 2012, are there any newer M&S decisions do you know? However, if they do go back to court should I respond by pointing out they have not complied with the section 78? I suppose it's best not to think/worry about it until I hear from the court & stop stressing unnecessarily! JQ
  2. Thank you DX. Is it not statute barred if default was Oct 2011? There's no assignment doc? The original signed doc was for the charge card, not for the credit card, this was switched by M&S without me signing any contract? I've read so many different things I don't know what to think?
  3. UPDATE Over a year later, yesterday I received a letter from Arrow Dear xxx Arrow Global Limited Account xxx Assigned by M&S a/c no xxx In response to a request for a statement under section77 of the Consumer Credit Act 1974 we enclose: 1. Copy of agreement 2. Statement of account 3. Default notice 4. Default terms and conditions 5. Opening terms and conditions Please now provide your proposal for repayment of your debt. Failure to do so will result in continuation of collection activity, which in this case may include litigation. This account is currently being operated on our behalf by Restons. We will deal with this document request only and all other enquiries should be directed to them. Tel no below to make attangements to pay your account 0800xxx Opening hours xx Correspondence address Arrow Global, PO Box 5469, Manchester, M61 0LW Footer To note 1. Is my original agreement for storecard in 1994 2. Is from Sept 2009 to Sept 2015, nothing from 1994 onwards 3. This is dated 06/10/11 4. These are not from the original contract 5. I believe these are those on the back page of the original 1994 contract? Any comments welcomed? Jq docs1.pdf
  4. Thank you folks, I will ring the court and see what they say and do nothing if it is not being taken further. With regard to being unenforceable via the updated/changed charge card etc, if it no longer belongs to M&S does that mean I cannot take that stand and say it is not a debt they should have assigned if it was accrued in the way it was? Have they done this to others as a tactic to avoid the unenforceability (if it is the case) of debts?
  5. Hi folks, sorry for delay, been overwhelmed. I have not received info requested from Arrow, albeit they are asking for payment. As far as I can tell the court is stayed, they haven't applied to reinstate, at least I haven't heard anything, fingers crossed, but how do I proceed from here? Do I just leave it? How long will default be on my credit file, 6 yrs from M&S applying it, or Arrow? If Arrow cannot substantiate the debt, does that mean it is unenforceable and I should investigate that area further? Any thoughts gratefully received.
  6. But M&S have removed their default and Arrow have applied it in their name? I did not default with Arrow? JQ
  7. Even if the default occurred with M&S, not Arrow? Clutching at straws now! Lol!
  8. So does that mean that even if the contract is one of these swapped cards which may be unenforceable because you have no proper contract they can keep it there? If there is no contract, or it is null and void, or whatever happens to it, still they get to keep their default despite it not being a valid contract? JQ
  9. Thank you Andy, so if they cant prove the case, how do I get it removed from my credit file? JQ
  10. Hi Folks I have received a notice from the court acknowledging my defence and stating they have forwarded to the claimant/solicitor and they await a response. if nothing is heard within 28 days it will be stayed. Doesn't this mean it will be held open permanently? Can it not be struck out or something? Albeit I am getting ahead of myself, but I do not like the idea of it being open indefinitely? Also, if they do not repsond and it is stayed, what happens to the entry on my credit file? JQ
  11. Thank you, thank you, thank you, I'm off to find login details to submit defence, I have put it in a safe place. My daughter has gone in to hospital & I have two small grandchildren I have been helping with, so my brain is more addled than usual! I am hoping so, fingers crossed & thank you for mentioning. It is filed, fingers crossed & thank you for help in getting it in by today's deadline Andyorch. ��
  12. Hi again folks, in a panic, just realised I didn't do defence & it has to be in today, so any comments much appreciated. This is what is says in claim form 1. THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT UNDER A CONTRACT BETWEEN THE DEFENDANT AND MARKS AND SPENCER FINANCIAL SERVICES PLC DATED ON OR ABOUT FEB 07 1994 AND ASSIGNED TO THE CLAIMANT ON FEB 18 2016. AC NO XXXXX DATE 03.03.17, ITEM DEFAULT BALANCE, VALUE £9163.23, POST REFRL CR NIL. My proposed DEFENCE adapted from another thread if it is deemed appropriate? 1. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. Furthermore any claim for partial monies is averred Contrary to s35 of the county courticon Act 1984 s35 Division of causes of action. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of theconsumer crediticon Act 1974. 5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Apologies for the panic and thank you sincerely for any help available? JQ
  13. Thank you Andy, I remember reading that now, apologies, I have a brain glitch that affects my memory, I should have known to read it again with my dizzy brain. JQ
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