Online Finance and car finance issue now marlin

[mcarreno]

Hi

 

Is there a template letter I can send to a DCA (Thames Credit) who have enter 2 searches on my credit file - of 'outstanding debt'

 

I recieved lots of letters from them about a statue barred debt months ago (usual threats) but did not reply to them- the letters were to my new/current address, but the searches were made to my old address which I moved out of years before- which was indicated on electoral roll

[masjntt]

Hi all

 

In March i received a letter from Marlin financial services asking for payment on a car I had repossed in 2002 on finance with Online Finance. I had previously acknowledged the debt in writing so the advice from here was to CCA Marlin. I did this & they supplied an enforceable agreement - as my circumstances are different I was told to offer token payments however they also sent a list of transactions with dates & amount I didnt recognise so I was advised to SAR the original creditor. However due to further ill health I never got around to doing this nor did I ever respond to Marlin.

 

Original thread for reference:-

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186935-marlin-financial-services-online.html

 

I have today received a letter dated 20th May 2009, from Mackenzie Hall chasing the debt on behalf of Marlin??? I'll detail the letter in a moment but Im unsure why or if Marlin have sold this on {presume so} and if so why? if they have an enforceable agreement.

 

Any help as to how to respond to MH would be appreciated - Thanks

 

The letter is as follows:

 

Ref M*******

Pursuers Marlin Financial Services

Original Creditor Online Finance

Client Ref 12345

Principal Sum £12,333.55

 

IMPORTANT DO NOT IGNORE

Dear Ms xxxxx

 

We have been instructed by our client to recover this overdue account on their behalf.

Our clients have informed us that they are unaware of any legimate reason for non payment of their account and although they would prefer an amicable settlement,they will not hesitate to take further action as may be appropriate.

 

We trust that this will not be necessary and would request that you send your payment by the deadline below to the address at the top of this letter to avoid action.

Payment Deadline: Noon 27th May 2009

If you have recently forwarded payment or if there is any issue that you would like to bring to our attention then we would ask you to contact this office immediately by telephone on xxxxxxxxx

 

Important if you are not the named person above please contact our alternative number xxxxxxxx to stop any further communication.

 

Yours sincerely

 

xxxxxxxxx

Mackenzie Hall Ltd

[babybear39]

Play for time by asking MH for a breakdown of the account including charges, meanwhile, SAR the original creditor

[masjntt]

Thanks babybear - should I CCA MH as well as asking for a breakdown of the account as I just cant understand why Marlin would sell it on if they have a legit CCA ?x

[babybear39]

No need to CCA again. Obviously MH don't know that marlin have one

 

Can you scan and post the 'CCA' marlin sent please for us to check over, or have you already posted it somewhere?

[masjntt]

hiya - in my first post there is a link to my original thread started in March. The CCA is detailed in posts 9 & 10 x

Thank you for your advice x

 

Just added the link below if easier lol x

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186935-marlin-financial-services-online.html

[babybear39]

Have you ever SAR'd the original creditor to see if there are any unlawful charges on the account?

 

You can ask MH for a breakdown and statement of the account since it was passed to them FOC.

[masjntt]

Hi

 

I never got around to SAR the orig creditor as I was unwell and to be honest I forgot all about it. Is there a template letter for MH or do I just write reqesting a statement & breakdown of the account? I could do the SAR but will the OC still have the details as the agreement was signed in 2001 but defaulted 2002 so more than 6 years ago??

Thanks x

[babybear39]

Just write a short letter MH requesting the info you require.

 

Here's the SAR for you:

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Amend to suit, send recorded keeping a copy with your postal receipt, if you use a postal order keep a note of the serial number to check if they cash it.

 

They should have records for at least 6 years.

[masjntt]

Cheers will do - just a quick note do I tell MH Im SARing the original creditor?? thanks x

[babybear39]

You could do and use it as a legitimate exscuse to put the account in dispute due to reclaiming of unlawful penalty charges That'll cheer them up no end - NOT!!!

[masjntt]

Ok will do that then, thank you very much for your help / advice x

[babybear39]

You're welcome

[postggj]

HI MASINTT

 

JUST RECEIVED THE SAME LETTER

 

NEED LIGHT ENTERTAINMENT

 

HAVE A NOSE

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/201023-muck-hall-have-droped.html

[postggj]

When Was The Last Time You Made Payment To Online Finance Or Muck Hall

[masjntt]

postggj - its the exact same letter lol x I just dont get why marlin passed mine to MH though as my CCA is enforceable ............confused lol x

[masjntt]

have never made a payment to MH or Marlin. I took out the finance 2001, stopped paying mid 2002 but acknowledged the debt in writing to a different CCA in 2007 when I was made redundant - Marlin were apply to supply that to me when I tried the stat barred route earlier this year

[postggj]

If Much Hall Have It

 

Have The Agreement Checked Again

 

Muck Hall Are At The Very Bottom Of The Dca Stakes And Statute Barred Debts Are The Norm With This Lot

[masjntt]

If Much Hall Have It

 

Have The Agreement Checked Again

 

Muck Hall Are At The Very Bottom Of The Dca Stakes And Statute Barred Debts Are The Norm With This Lot

 

Do you mean send muck hall a cca letter instead of SARing the orig cred ???? Or even try stat barred letter lol x

[postggj]

So Lets Play Marlins Games Shall We

 

All Through This The Account Will Be In Disput

 

Do You Have The Original Agreement, If So, Can You Post It Onto Your Thread Minus Personel Details

 

If Not Cca Muck Hall As They Are The Ones Chasing You At The Moment, Not Marlin

 

Sar Online Finance

 

Send By Recorded Delievery, Use Postel Orders And Print, Never Sign Your Name

[masjntt]

A copy of the cca which marlin sent to me can be found below posts 9 & 10. Not sure if muck hall know that i cca'd marlin ?

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186935-marlin-financial-services-online.html

[babybear39]

MH know nothing...DCAs protect that sort of info very well when passing on to another bunch of numpties And even if they did know it MH are stupid enough to try to collect anyway

[masjntt]

**UPDATE **

 

I notifed MH that I was SARing the original creditor. I have had a letter this morning from MH offering a reduced final settlement amount of 10K if I act within 7 days, shall I just remind them that the account is in dispute with the OC or is there a template letter I should be sending??

 

Thanks x

[babybear39]

Don't waste your time and effort with these numpties, just write a short letter telling them the account is in dispute

[masjntt]

Thanks babybear will do x