The original debt was with Mercantile Credit, but I don't if the debt has been sold on or not.

Hi I've been contacted about a £10K debt from the 90's that I had forgotten about. Unfortunately, they had a ccj on the debt and I was paying off at £10pm. I cancelled the payment in error and then had no contact details to speak to them again (I had been paying it for years). Now they have found me, I'm concerned that the judgement means that they can enforce payment, which I don't have. I may be able to catch up the missed payments, but no more than that. Any advice as to how to deal with Credit Experto on this? Also, would it be worth checking to see if there was ppi on this account, or would that just make things worse? Thanks

I have now received the SAR information from Restons, any pointers as to what I need to look for?

Hello again I have now submitted the defence, a day before the deadline and made a subject access request. I am wading my way through the above advice, and hoping that I get it right! Does anyone know the likely timescales from here? Thanks to all the help so far, I just hope that I can use your knowledge again...............I have a feeling that I will be needing it!!

Thanks, I'll spend the next few days getting up to speed. Again, I really appreciate the help!

Hi BRW I've submitted that online, as you say, better safe than sorry! With regard to the personal appearance, it is actually in my wife's name and I assured her an appearance wouldn't be needed! Would I be able to attend as her representative? Starting to get a bit nervous now about doing everything right, I guess that it can't make the situation worse by taking this course of action can it? If we lose, then we can still only pay back what we can afford, is that right?

Hi Not sure what happened there, but both posts have now appeared! The deadline is tomorrow, and I have sent it by special delivery, do you think it is necessary to use the online facility too?

Hi Just noticed that my reply doesn't seem to have been posted! I have sent in my claim and am defending the whole claim, so the ball is well and truely rolling. I'll be sending the SAR and following your points above. BRW, you mentioned having the case transferred to a local court, is a personal appearance likely to be necessary? Thanks again

Hi I've sent off the AOS, and checked with the court that it will be there in time if received tomorrow. I will also follow the points raised above and make the appropriate applications. You mentioned having the case transferred to our local court, so does that mean that we may have to attend, or can it all be done without attending? The ball is well and truely rolling now!!!

Hi I will defend the claim, but was away for a few days with family, andso will send the claim form back tomorrow by special delivery. I think this will just meet the deadline, but I'm now worried I may miss it by a day! Would the Easter weekend be any sort of defence if it is a day late? I'll request a SAR report tomorrow too, but is it worth me phoning the court to check if I am in time, and if not driving to Northampton with the form?

Thanks BRW, that looks excellent! I will read and digest later, I can send the claim form back on Tuesday so have the weekend to sort it out. I'm hoping that most of my issues will be sorted soon, just wish this lot would have waited a month until everything was clearer for me. Thanks again

Hi again Not sure if this will get a reply in time, but hopefully someone will be able to help. It has been suggested that I submit a subject access request, but this takes 40 days, and I have to send the claim form back tomorrow and think that the court process will be over before the 40 days is up. Is this right? I'm thinking that I may have to just admit it, because I am worried that I will make a really bad situation even worse. Thanks to anyone that has tried to help though.

Hi again Not sure if this will get a reply in time, but hopefully someone will be able to help. It has been suggested that I submit a subject access request, but this takes 40 days, and I have to send the claim form back tomorrow and think that the court process will be over before the 40 days is up. Is this right? I'm thinking that I may have to just admit it, because I am worried that I will make a really bad situation even worse. Thanks to anyone that has tried to help though.

Sorry to be a pain, but can anyone tell from what I posted whether this POC seems to be worth contesting? I need to send the forms off tomorrow and just don't know if I should contest it or not. I really need some advice asap please.

Thanks for everyone's help. I have to say that I'm not exactly sure what to do though! I assume that I still have to return the claim form to the court, but I say that I will contest it. Do I also fill out the income and expenditure section (this will show a defecit at the moment, but if they waited 2 months as I asked, it would be a lot healthier!)? I can send the letter quoted in the link above at the same time, but what happens if I contest it and lose? Do I still get my circumstances taken into account and be given the chance to repay on a monthly basis? Sorry if I haven't understood everything, but one of the reasons I am in this mess is because I had a stroke and find it difficult to take in info like this now. I really appreciate everyone's help

Thanks for everyone's help! I'm not sure of all the terminology yet, but unfortunately getting the hang of it. 1, This is a credit card debt 2, No, I don't remember what paperwork was provided, it was about 5 years ago 3, I think they did send a default notice, but I don't think I kept it. I will look in my records that I usually try to avoid! 4, The POD states; 'The claimant claims payment of the overdue balance due from the defendant under a contract dated on or about 09/09/2009 in the sum of £10,534.54 inclusive of interest to the date of this summons at 19.8% per annum from 29/01/10 to 18/03/10 Particulars a/c ########## Date Item Value 29/1/10 Default Balance 10272.18 4/2/10 Post Refrl Cr -5.00 4/2/10 5.00 18/3/10 interest 267.36 TOTAL:- 10534.54 Together with:- Interest pursuant to contract at the rate of 556.96 pence per day to the date of the Judgement or sooner payment. 5, Issue date 19 March 2010 Thanks again, I just wish they could have been more reasonable like some of the other creditors. Being so aggressive doesn't help anyone.

Hi We have been in finacial difficulty due to the recession hitting both of our incomes (my wife is down about 85% on the previous year!), and have not been able to repay credit cards and loans. We have positive signs of business picking up and should be able to start making reasonable or full repayments within 6 to 8 weeks. Most creditors have been fine with a token payment for 3 to 6 months, but not John Lewis/ Restons. I sent them an I&E statement showing we are in deficit and at the moment surviving through family and ebay! But they wouldn't accept our offer. I immediately wrote another letter asking for help for a short period, but today (2 days after I received their letter rejecting our offer) I received a Claim Form from the Northampton Court. Firstly, can anyone tell what this is? Also, is it too late to CCA them? The debt is around £10K, so what possibility is there that I will have baliffs knocking on the door? I know they need court authority, but I just want to know when they can do that. Also, is there any way that our house (no equity) is at risk? We have spoken to Payplan, but they advised that we can't do anything formal yet, until our incomes pick up. I would appreciate any help! Thanks

Ok thanks for that. I'll do a bit more research before cancelling that one though. I somehow doubt they have the paperwork for this, and guess that they wouldn't be able to enforce if they can't produce the paperwork from about 13 years ago. Cheers!

Thanks, that's what I was thinking but good to know I'm not being stupid! My wife had 2 CCJ's from the same time (it was a tough time!!) and do you think this is a similar position or is it different as it is a CCJ? I really appreciate your help

Ever since I have made the patments, so around 10 years. I haven't spoken to them for a very long time, just kept the £15 pm standing order.

Hi I had a problem with car finance 10 years ago. I paid £800 deposit, 2 monthly payments of £250 but ourcircumstances changed and it was impossible to keep the car. I handed it back after 2 1/2 months with only 200 ish miles extra on the clock, taxed and MOT'd (which it wasn't when I bought it). Despite this, I was persued for the full amount and the sale of the car was not offset against against my debt. I thought this was very unfair, but as we agreed to repay at an amount of £15pm I just left it. Now I have paid around £1800 plus the £800 and £500 monthly payments so that's a total of £3100 for a car that cost around £4000 and had it for 10 weeks and returned it in better condition than I bought it in. If I cancel the £15pm payment to Westcot Credit Services, are they likely to persue me? Thanks for any help.