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Shoesmith/Arrow claimform - Personal Reserve with M&S account


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Dear all,

 

I am new to the forum and in a bit of a panic. I just don't know what to do.

 

We have been in a debt management plan since 2008 and so since then I of course have not had any credit. I've had a letter from Shoosmiths and now a Court Claim via Northampton County Court Business Centre about an Overdraft I supposedly had with M&S. I thought this strange as I have never had a bank account with M&S.

 

The Particulars of the Claim actually state:

The claimant claim is for the sum of £4219.76 being monies due from the defendant to the claimant

as a consequence of the defendant incurring an overdraft whilst operating a bank account.

 

 

It says the debt was assigned to them on 30/1/13 and it says they notified me of that but i have no record of that.

I pay another debt to Arrow Global though so I may have received something and assumed it to be part of that.

I just don't know.

 

I did have a Personal Reserve with M&S but this was operated like a loan.

There was not a bank account.

 

 

The sum of the Personal Reserve was approximately £3000 but this has been part of the Debt Management Plan

so I have no idea what this refers to.

 

I sent a letter to Shoosmiths stating I din't know what they were referring to and that if it is true it is a very old debt so queried their legality in asking for it. I think we crossed post with this court summons though.

 

I've said to the court I will defend all of it but I have to write a defence and I don't know how to do that.

 

Can my defence be that I have no knowledge of that account and have asked for them to prove it is genuine?

 

Losing sleep over this and have that awful sick feeling in my tummy.

I don't shy away from my responsibilities and have paid back over £20,000 in debts.

 

I would really appreciate any advice you could give me.

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Hello and welcome to CAG.

 

Could you look at this forum stikky and provide us with the information please?

 

That will help us to advise. :)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 11 months later...

and what happened??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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