EGG>>A Quandry - now Marlin

[ajs444]

On checking CRA file today, the Egg/Barclays entry has disappeared, it is now listed as being "Satisfied"

[ajs444]

Letter today from the muppets that are Marlin asking for payment to be made to clear balance.

After approaching Barclays with a LBA, the Egg debt moved off my CRA file and went to "satisfied" with the owner being Barclays.

 

How can Marlin pursue something that is not outstanding, according to my Credit file?

[toxicdebt]

Ive had another letter today from Marlin entitled Statement of Account. It lists an amount owed and goes on to say that if its not paid off in full (no time scale given) then any payments below the full amount will be used to pay off a) any amounts of interest applied. b) any costs and charges applied and c the principal sum owed. it concludes by stating that No interest is currently payable.

 

What???

[seriously fed up]

Yes I got that one as well just the other day. The first thing I did when they notified they had taken the account on from B'card and Egg before that, was to advise them that I had never signed an agreement with B'card (which I never did) and didnt recognise the account number as one I had used (which I hadnt since Egg had cancelled the card a year or two before), and asked them to provide evidence of this. I sent this letter on 1st March and had heard nothing since.

There is a legal obligation on them to provide an annual statement, and this is it. I have written back to them, enclosing a copy of my 1st March letter, advising them that in the absence of any response from them, my situation remains as before (ie I am disputing their evidence that I owe them anything). .

I dont know if you have gone down that sort of route, but if not I would be inclined to ignore this letter

[toxicdebt]

Yes I got that one as well just the other day. The first thing I did when they notified they had taken the account on from B'card and Egg before that, was to advise them that I had never signed an agreement with B'card (which I never did) and didnt recognise the account number as one I had used (which I hadnt since Egg had cancelled the card a year or two before), and asked them to provide evidence of this. I sent this letter on 1st March and had heard nothing since.

There is a legal obligation on them to provide an annual statement, and this is it. I have written back to them, enclosing a copy of my 1st March letter, advising them that in the absence of any response from them, my situation remains as before (ie I am disputing their evidence that I owe them anything). .

I dont know if you have gone down that sort of route, but if not I would be inclined to ignore this letter

I did the same - Wrote to them not acknowledging their alleged debt. They wrote back and said they would send me my signed agreement. This was in March and Ive not had anything else from them until yesterday's Statement of Account letter. Im wondering if they dont actually have the agreements (Im sure I signed up on the web back in 2000). Has anyone CCA'd them and got an agreement back?

[BEC01]

Still waiting for one from about 7 months ago.

It would seem that they are trying to say the accounts were opened using electronic signatures in a number of cases, which is rather curious.

 

Egg were not doing this in 2000.

[Chalkitup]

I also received Statement of Account from Marlin this week.

But I am still waiting for agreement from CCA request which I sent them in May

[ajs444]

Statement of account also received, bit of a Mexican stand off just now.

[HP Mum]

Has anyone just received a letter from Marlin - "Here is your Agreement" ??

Just got one...

[seriously fed up]

I got one which was headed Barclays, but I wrote back telling them there was no signature and I had no such agreement with Barclays. Or is it the original Egg agreement?

[Hopster]

I got one which was headed Barclays, but I wrote back telling them there was no signature and I had no such agreement with Barclays. Or is it the original Egg agreement?

We have requested from Marlin and are still waiting for a true copy of the credit agreement under section 78 etc...this was originally requested in March 2013

[Chalkitup]

We have requested from Marlin and are still waiting for a true copy of the credit agreement under section 78 etc...this was originally requested in March 2013

 

Same here .... CCA sent to Marlin in May 2013

[Hopster]

let's keep in touch re. this - it might save us some costs. shall we swop name and mobile number ? where are you in UK ?

[ajs444]

Well, statement of account received today from Marlin, roll on August!

[ajs444]

Another reminder letter from Marlin dated 1st April, Income & Expenditure request on back of letter.

[Hopster]

Another reminder letter from Marlin dated 1st April, Income & Expenditure request on back of letter.

 

So what is your next move going to be ?

[ajs444]

Think I'll just sit back and wait till August, if things develop badly, I will proceed through small claims court.

[Hopster]

What is the significance of August ? What claim can you make through the small claims court ?

[ajs444]

August 2014...Statute barred in Scotland.

 

Small Claims....reclaim of charges on account with interest in restitution, should work out £2000 +, will clear balance and give me some money back.

[Hopster]

I beleive that in Scotland it is 5 years and six years in the rst of the UK ? What interests me is " it is five/six years from exactly when " the date of the last payment ?

[Hopster]

I paid £10 within the last 4 years for a SAR request - I believe that this doesn't count ?

[ajs444]

Well after a letter from Marlin last week, the phone calls have started, not passing DPA so no dialogue.

 

Maybe they realise August isn't too far away and then Statute Barred.

[seriously fed up]

when you say statute barred, what do you mean ajs? Do you mean six years (if you are in England), or five years (if you are in Scotland)?

Mine passed the latter last year, and will be past the former in no more than four months. Not heard a squeak from them recently, but then I still have the request for the original Egg agreement out with them, so no much they can do if all they have is the Barclaycard agreement which wasnt much use since Egg had taken the card from me by then.

[Hopster]

Are you sure it wil be statute barred ? What are the rules exactly ? I am very interested t speak to someone who actually knows or better still read the facts re. this eg. How much and what correspondence between you/us and Egg/Barclaycard/Marlin qualifies or otherwise the Statute Barring - does correspondence and SAR requests etc effect SB ?

[seriously fed up]

At some point your lender will have registered a default. As long as you dont "acknowledge" the debt for either five years (in Scotland) or six years (in England) from the date of the default then the debt is said to be statute barred.

What constitutes acknowledgement is the issue, and that concerns whether you have paid them anything since the date of default. If you have made a section 77/8 request you would pay £1.00. They will sometimes try to make out that this is you acknowledging which is the last thing it is. There is also a charge for getting your records under DPA (£10). You need to watch that - but neither would be an acknowledgement of the debt.

They will still chase the debt up - either them or the bunch of goons they have set on you. But that has nothing to do at all with acknowledging the debt. As ajs has found, this is sometimes more likely nearer the point statute barred kicks in.

That is about it, as far as I know. There is a letter in the Library if you get a demand for payment of a statute barred debt. Different ones for Scotland and England.

Hope that helps.