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girlandlurchers

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About girlandlurchers

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  1. My thanks once again, a further donation on payday will wing it's way to you with my sincere thanks
  2. 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
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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?
  8. 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.
  9. 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?
  10. 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.
  11. Am just posting my defence, van anyone tell me whether to tick yes or no in the counterclaim box. can I make a counterclaim?
  12. just about to post my defence now, hope that it is OK, thank you once again
  13. thank you so much Panther12, my mind was in such a muddle last night and I went into meltdown and panic mode. As soon as I am home it looks as if the defence will be able to be filed. will check the site as soon as. many many thanks
  14. thank you for all your help Andy, am in teabreak time but am finishing early today so feel a little bit more cheerful about life in general. The defence you provided me with has been modified where appropriate and is shown below, your thanks in all of this is much appreciated 1. Particulars of Claim The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(a) and marks and spencer 1.The Claimant claims payment of £8XXX.XX the overdue balance due from the Defendant under a Contract between the Defendant and the Marks and Spencer Financial Services. 2.This debt was Assigned to/Purchased by MARLIN EUROPE I LIMITED on 20/02/2013 3. Particulars of Claim: Marks and Spencer Financial Services A/C **************** 23/01/2014 DEFAULT BALANCE 8345.55 Posr Refrl Cr NIL Total> 8XXX.XX Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Marks& Spencer Financial Services . 3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Marks and Spencer Financial Services. 4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request have stated that they are under no obligation to disclose any documentation on which their claim is based. 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as 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 82 A of the Consumer Credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Thank you once again,
  15. Thank you for that, sorry, was upset last night and had a bit of a rotten day at work. May I ask , would you know who the correct person is to send the email to? I can find no no email address to contact the court with and there is no other way to submit through the Money site. Am very worried that they will quibble, do you think I should send a copy through the post anyway saying it has already been submitted by email, if I can discover who to send it to.
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