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.