HFC Marbles card debt and 1st Credit help please!!!

[victoria_siempre]

Hi My

 

One might take it to mean: 'Should one pay somebody that cannot document the reason why?'.

 

x

 

v

[Myfamily]

Hi V, many thanks for your reply.

 

Mmm, so I can ignore it forever now? It is strange because I never disputed this with Marbles and we're paying them so why would they not want their money back?

 

As IMS had advised I was not relying on the agreement being unenforceable as I know that if they can show a finacial link then they can take me to court I suppose.

 

I just find it strange that Marble would sell it on when they were receiving payment and now they're getting nothing, makes no sense.

 

Myfamily

[victoria_siempre]

Hi again My

 

Our's is not to reason why...

 

With me, Sharkleys have just sold an old Morgan Stanley account to MK that has already been reassigned via three different companies, notwithstanding that they retain an Egg account that they bought whilst denying another Egg that appears to have to disappeared; meanwhile some clowns at Paragon/Arden (again transferred via three companies) have bought a delinquent MBNA book including my mite.

 

Take you to court? Well, a large part of the Careyesque defence of 'witness statements' from banks - 'we would have had systems in place to comply blah di blah…’ now lacks credibility. I personally think that a paper defence to an OC might be brittle, however, once an account has been sold to ****, one has to wonder why, and the paper trail becomes my friend. Nobody has yet taken me to court and 5 of 8 are floating as ****: I have never nor ever will pay a DCA a penny; I save my F&F sinking fund for court fees.

 

Just my view of course.

 

x

 

v

[dx100uk]

as 18mts ago

 

totally ignore everyone

 

dx

[Myfamily]

Hi Everyone,

 

well, it's been a while I got a another letter from Cabot shortly after DX's last post, so have been happily ignoring them! . They are now coming to the correct address except that they have put my door number first and then my nieghbours door number straight after it, luckily my neighbour is quite good and just posts letters through our door is she gets something for us.

 

Just wanted to get opinions on this, Got a letter in early Nov which was giving me the various options for payment, then another a couple of weeks later another letter which I seem to have misplaced for the time being!(typical!) but it said that they will give me a discount (the debt is just over £10,000 and they were offering to accept just over £6,000) I didn't have that anyway.

 

Then another letter in early Dec begging me to contact them, I ignored.

 

Another letter in late Dec telling me not to ignore them and that the outstanding balance is payable blah - blah - blah. Threatening to pass on to an external debt collection agency or commence legal proceedings etc, etc.

 

Then in Feb I get a letter saying that they are passing it on to Financial Investigations and Recoveries Europe - F.I.R.E - (oooh, scary!!)

 

Then yesterday I get a letter from F.I.R.E syaing that they have been instucted by their client (cabot) to recover the full outstanding balance - payment is required in full immediately!

 

Now here's the interesting bit.....

 

The inital assignment letter in August 2011 had a balance of just over £9,000.

 

The second letter in Nov has increased the balance by £1,456.36.

 

Then the next one in early Dec has increased the balance by £82.96.

 

The next letter in late Dec increased balance by £52.23.

 

The next latter in Feb increased the balance by £135.19

 

And now the letter from F.I.R.E has increased the balance by £125.97

 

So in total they have added £1852.71 to the balance.

 

Any advice gratefully received!!

 

Thanks

 

Myfamily

Edited March 27, 2013 by Myfamily

[dx100uk]

fire are cabot

they add unlawful 12% int on any debt

 

as my last post

 

ignore totally

 

dx

[Myfamily]

Thanks DX,

 

You always know how to make me feel better

[Myfamily]

Latest letter from FIRE and surprise surprise, they have added another £95.24 to the balance, I am slightly worried though, I have ignored them completely but they are threatening to send someone round!

 

See letter below.

[dx100uk]

as post 82

 

dx

[Myfamily]

Haha, Just thought I'd check!

 

I shall ignore.

 

Thanks DX.

[BRIGADIER2JCS]

You should imo make a formal complaint re the interest being added and also tell them that you NOT converse with an oik who turns up on the doorstep uninvited!!

[Myfamily]

Hello All,

 

Well when it rains it pours

 

Have recieved a letter from Drydensfairfax solicitors saying

they have been instructed to collect debt of now £11,038 (i haven';t calculated yet what's been added)

 

they say I have failed to to make payment etc and

now they want me to contact them urgently to dicuss repayment.

They say if I can't pay in full they may be able to agree to an affordable arrangment.

 

Have told me to contact them beofre 13th dec to prevent furhter action being taken.

 

They says if I do not contact them thier client MAY instruct them to issue legal proceedings and seek a county court judgement against me.

 

Then they say if the issue a claim the claimant will be Cabot

The claim will be for the outstanding balance -blah blah blah

 

in addition to the balance owed under this account they will also seek legal costs which wil increase the debt

 

If they obtain a ccj they may apply to enforce the judgment by one of the follwing methods depending on my circumstance

 

1) if I am a homowner they may apply for a charging order

2) if I am employed they may apply for an attachement of earnings.

3) They may apply for a warrent whcih could involve the court bailiff visiting my home

 

 

Help, help, help!!!! I really do not need this now, after the year I've had. What do I do!??

[dx100uk]

nothing

 

std threat-o-gram

 

doesn't say will anything.

 

dx

[Myfamily]

Hi All,

 

I've got myself all worried again, please see latest letter from Drydensfairfax. Should I be doing anything, I have ignored the other letter from them in Dec.

 

Please can you let me know. I did a CCA ages ago to 1st credit who in reply supplied an application form dated 2004 showing my current address attached to a CCA which shows no date but says expires on last day of June 2010! and showing an address that we moved to between 2007 and 2008! (we moved out of our house and rented it out for while) but we were back to our original address by July 2009 so this is no way the original CCA which I believe they HAVE to have as the application was pre 2007? Is this right?

 

Any Advise would be great.

 

Thanks

[dx100uk]

usuall phishing trip rubbish

 

dx

[Myfamily]

Thanks DX,

 

Any thoughts on the questions about the CCA? Just wondering as the application form is dated 2004, so is it correct that thay HAVE to provide the ORIGNAL agreement not a recon?

[dx100uk]

sure

[SabreSheep]

Early on in this process there was discussion re claiming overlimit credit card fees etc

 

Maybe its worth working out how much in total there is and how much interest in resitution you could claim.

[Myfamily]

Hi Sabre,

 

I have not made a payment since Jan 2011 and have not made any contact with anyone since March 2011 so I'm worried that if I start talking about refunds of overlimit fees I will get myself into trouble.

 

We made agreements with everyone including marbles around March/april 2008 that we would make reduced payments and they agreed to freeze interest then in Oct 2009 to Feb 2010 they suddenly charged interest and over limit fees amounting to around £1200. We didn't notice at the time and continued to make payments untill we were suddenly contact by 1st credit.

 

And that's where it all began, the strange thing is in the beginning Marbles could not tell us why they had passed it on as they were receiving payments.

[Myfamily]

I know you might think that I'm overthinking or panicking but I just need to be sure that what I think about the application form and CCA that they sent me is correct, can anyone help with this?

[SabreSheep]

The delightful thing is that with over limit fees and latepayments being over 1200 that when you add interest of restitution to it that it may reduce the balance considerably.

 

Would depend on when charges were applied as to how much.

 

The other good thing is that enforcement action should stop until your complaint is resolved. U would have to take them through the small claims court but there are plenty of people here who have done that and can help you.

[Myfamily]

no the overlimit fees and late payment fees were only about £200 at the most, the rest of it was interest that was charged from oct2009 to Feb 2010 when they had agree dto freeze interest (i sent the template letter aksing them to agree an amount each month and freeze the interest) Or can I re-claim the interest as they kind of broke the agreement ??

[SabreSheep]

Claiming interest for them breaking agreement. Thats outside my knowledge sadly. Someone else will know though

[dx100uk]

no interest

 

you can only charge int on the PENALTY from each date of each penalty

till they stopped it [charging int]

 

use the CISHEET

 

this is now +2yrs old

 

stop worrying.

 

if its an application form that does not have the T&C's etc etc they know they are sunk.

[Myfamily]

I know, I'm sorry I know that I shouldn't worry but sometimes I can't help it!

 

It's an application form (one sided) then a CCA basically copied onto two sheets, dated much later than the application form. I uploaded them before - they are on post #46 if anyone wants to sneak a peak!!