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  1. Hello, thank you, I had it marked as due this Friday on the calendar. My only defence is that I have a really acute kidney infection and infected cellulitis in my leg, last week has just been about survival although I doubt it will matter. Can I file something late do you know? Crikey life’s a bit of a bucket of muck at the minute
  2. Hello again havent received anything back from solicitors in respect if my request for information. Time is marching on and I am not sure what sort of defence I should be making, would you know what I should do next please?
  3. Hiya cabot financial is the claimant thank you so sprryfordsy in replying, am quite unwell at the minute and seem to be very muddle headed, will complete as requested by 16:00 tomorrow, thank you (The documents have only been in my hands for a couple of days, letter went astray)
  4. Date of issue – 16 Sept 2020 Particulars of Claim What is the claim for – 1. By an agreement between Clydesdale Bank plc & the defendant on or around 13/9:2016 (‘the agreement’) Clydesdale Bank plc agreed to issue the defendant with a credit card. The defendant failed to make the minimum payments due. 2.The agreement was terminated following the service of a default notice. 3.The agreement was assigned to the claimant. The Claimant therefore claims 1.4200. 2.costs What is the total value of the claim? 4200 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? After April 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not sure Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has debt Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Very ill last year and additionally broke my shoulder meaning 3mths off work, salary dropped radically What was the date of your last payment? Sept 2019ish? Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  5. Have received request for payment for £4K for an old (but not statute barred) debt with Clydesdale bank. Haven’t heard from Mortomer Clark since March this year when received a txt saying please contact them. Briefly, resigned from job Dec last year when in hospital with sepsis, have had a blood condition since 2016 following cancer. Shielded since March 2016 and still advised not to work indoors or in close contact with people (sort of limits things). Am surviving on occupational pension of £352 pm and have no free cash. Can you tell me how to respond to this please?
  6. My thanks once again, a further donation on payday will wing it's way to you with my sincere thanks
  7. Many thanks, it has got to worth a try, please tell me they can't revive it if I have this Certificate of Discontinuance! I will write to the information people and see what happens, thanks again
  8. My only memory of my M&S card was that following the death of my husband in 2006 I paid the card off and have not had a credit card since, I was left in quite a financial pickle and it has taken me years to get straight(ish) again so something like this has really peeved me. I have no doubt it's my late husbands card debt they've bought and it was a speculative chase for money, cheeky devils.
  9. The original claim was from Marlin Financial Services regarding a debt from the original creditor Marks&Spencer FinSvs, the solicitor who was representing Marlin was Restons.
  10. Yes,from memory March 2014, so it won't disappear until 2020 which seems unjust, their discontinuance must surely signify a lack of evidence and as you may remember they couldn't send any paperwork that were requested, no original forms, credit agreements or anything else you suggested I asked for. There were also no letters, or requests for payment, just the Court papers.
  11. Gosh, just looked at the ICO site, didn't realise quite how much there was to learn about life, Restins have taught me more than they know! As I mentioned, my gut feeling is that this is an old debt from my late husband as it's many many years since I have had an M&S card so it may well be worth my looking into it further. I am not in the first flush of youth *coughs* and it may be that in six years time I'll be retired and more broke than I am now, but equally, it is the taste of a debt collector just deciding that it's my debt without any evidence whatsoever that seems rather unjust. You have, as ever, been very very helpful, thank you once again.
  12. Thank you very much, so them discontinuing the case isn't sufficient? I was hoping that this would be the end of it. Strange that this anomaly can remain on my file because they thought I might owe them some money! So if I send the discontinuance to Experian they won't remove this from my file as it doesn't say that it's Restons/Marlins speculative attempt to get miney? My credit file is spotless but as I move house frequently (buy cheap, do up, move on) I'm guessing this means I'll never get credit again?
  13. Thought you would like to know that I have just received a letter from Restons Solicitors which is a service of a 'Notice of Discontinuance' and they write that they are closing my file. Hopefully this means that the matter is now finished. As you know I checked my Experian file and Restons had plonked the £8k default notice onto my file, am I to expect that they will now have all trace of that removed as the debt should never have been on there. Do you know whether they will do this? Can I get this removed as it was clearly an 'error' and should not be in there. Any help would be appreciated. Whilst I am very disappointed that this should ever have happened I'm really pleased it's all sorted now and can only thank you guys for pointing me in the right direction and helping me so much to defend this matter.
  14. Thank you so much, I feel much calmer now the defence is there however am completely without a clue about this whole process. Thank you very much for drafting the defence, I would not have been able to do that and am still not entirely sure what it all means. I think that if I have a few spare quid I will order the book about small claims and see if that helps clarify matters. As the address I gave is not the one where I am currently residing if they do transfer it to a local court there will still be a 6hr drive to get there. I am unsure what happens now, Restons do not seem to want to engage with me so I don't know how things will progress. I am planning to move in again in the near future but that will take me closer to my old home. Can you tell me if you think the M&S card defence I'll still be applicable?
  15. Counterclaim seems very complicated so have decided not to make a counterclaim. At the moment Restons are not even communicating with me so a counterclaim seem like it may not be worth doing.
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