Marlin/restons claimform - old old M+S preference account debt 'statute barred'***Claim Discontinued***

[Abby25]

M&S debt (preference account)

- CCA Feb 2009 which produced an unenforceable application form, no terms et

c - M&S were advised with no acknowledgment of debt from last activity in Feb 2009.

 

Defaulted by M&S Oct 2009, which fell off my credit record Oct 2015.

 

Debt was sold on by M&S in 2012 to Marlin, whom via Restons issued a court claim dated 2 December 2015, for the full amount.

Sum is a little over £5k and is the same amount that the account was defaulted for back in 2009.

 

I received the papers on 4 December 2015, I immediately acknowledged via MCOS, AOS submitted 4 Dec 2015 stating I intended to fully defend the claim.

 

I intend to defend on basis the claim is statue barred - but need some help from you guys on how to construct and phrase my defence.

 

Any and all comments and help greatly appreciated.

 

Abby x

[AndyOrch]

The following defence is all you need if it is SB

 

1. The Claimant's claim was issued on (insert date).

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £[xxxx] or any other sum, or relief of any kind is denied.

[Abby25]

That's great, I'll complete by defence and submit it.

 

 

I will keep the thread updated as and when anything further happens.

 

 

You've been a great help, thank you so much for stopping by and helping me with this.

 

 

Abby x

[AndyOrch]

Submit it straight away Abby...no need to wait the 28 days.

[Abby25]

Submit it straight away Abby...no need to wait the 28 days.

 

Done And thank you again

[Abby25]

Just an update and thank you - restons have written to confirm claim DISCONTINUED by their client - court to be advised of same, with copy of discontinue instruction form enclosed .

 

Thank you Andyorch x

[AndyOrch]

Your very welcome Abby25...

 

Thread title amended to reflect the outcome.

 

Merry Christmas.

 

Andy