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Marlins/Restons Claimform - Old M+S Credit Card Debt ***Claim Discontinued***


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You are not counter claiming you are defending.

 

Andy

We could do with some help from you.

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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?

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Then read other threads and learn the process...knowledge is power.

 

I didn't draft your defence I posted an example I had drafted for another poster, for you to edit to suit your circumstances.

How have you given an alternative address.? Have you submitted on MCOL ?

 

Just stick with the address on the claim for now.

 

Andy

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  • 4 months later...

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.

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Threads merged........

 

Excellent news G & L but with regards to the Default Marker that will remain until its 6th anniversary unless you can prove to the CRA,s that it is an error and make the claimant to remove it.

 

Thread title amended to reflect the outcome.

 

 

Well done.

 

Regards

 

Andy

We could do with some help from you.

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Good news, well done, and as DX says, if you can prove that the data on your CRF is erroneous/inaccurate then yes by all means lodge a

complaint with the CRA informing them why and to get them to remove it, although I don't hold out much hope, after all, the CRF's are

not for your benefit, another Americanism that we have adopted...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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?

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Its only the discontinuance of their claim...the debt has still to be adjudged as to whether you are liable or if its not your debt.If its not your debt then you can take it up with ICO to investigate and if its a case of mistaken identity then it would be removed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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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.

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What date was the marker placed....this year?

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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.

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Who is this claimant G&L ?

We could do with some help from you.

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So Marlin have placed the marker this year yet they bought the debt 2nd Feb 2013...what date was last payment made and what date any default notice?

We could do with some help from you.

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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.

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I would report it to the ICO then and get them to make Marlin move the marker.

We could do with some help from you.

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There is always a risk but they would need to re present it in a completely different pleading or request permission of the court...very unlikely though:wink:

 

Keep your thread updated with what transpires with the ICO G&L.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • dx100uk changed the title to Marlins/Restons Claimform - Old M+S Credit Card Debt ***Claim Discontinued***
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