MBNA/marlins - now Arrows

[DonkeyB]

MFS Portfolio isn’t a new company – it’s just a debt buying division of Marlin. Been around for seven years. I imagine it stands for ‘Marlin Financial Services’, though it is registered as MFS Portfolio Ltd.

 

You”ll probably hear from Marlin Legal Services or Marlin Financial Services, acting on their behalf. They also have working links with Fredricksons.

[DonkeyB]

Can you scan and post inline as a PDF for us to see?

[DonkeyB]

I would suggest an immediate CCA request.

 

See what it brings up.

 

Especially interesting as you have a copy of the original...

[DonkeyB]

It states that you agree to be bound by the T&Cs, but it does not state what they are or where they are (which, if they provided those T&Cs with the missing statutory info, would have been enough). So no evidence at all that T&Cs were present at the time of signing. Classic Carey fail. They will struggle with that.

[DonkeyB]

It’s a terrible copy – was that the result of a CCA request or is your scanner just pants?

[DonkeyB]

Just read it back... that’s the result of an earlier CCA request.

 

And that app form is from 1993. Do you remember what correspondence you had when MBNA took it over?

 

When did you make that CCA request? Obviously they did not send any associated T&Cs, so I’m guessing your CCA request was pre-Carey.

[DonkeyB]

Too small... can you upload as PDF or via Photobucket.com?

[DonkeyB]

Interesting. This looks like a standard letter sent to all debtors whether they have a CCJ or not (the latter being your case). The first thing they have done wrong is start to harass people with phone calls BEFORE they issued a notice of assignment (though this was not done in your case, was it?). That sort of behaviour is a serious concern for the OFT. Worth a complaint for those who are victims.

 

If they have sent that letter to people with CCJs, then it may well be another large fib. They would still have to be substituted as claimant, and must tell the defendant of this. Their simple statement – to carry on paying even if you have a CCJ – is blatantly misleading, and further cause for complaint.

 

Your next move is to remind them that the account is in dispute, as your valid CCA request from 2009 has still not been complied with.

 

Out of interest, have you checked your CRA fies and the registry trust for any dodgy CCJs recorded?

[DonkeyB]

Also, when was your last proper acknowledgement of owing the money? Date of last payment?

[DonkeyB]

OK, then the account in dispute letter is the way forward.

[DonkeyB]

Irrespective of shredding originals, it should be stored on microfiche or similar.

[DonkeyB]

Another small update.

 

Never heard back from Arrow Global's solicitors.

 

I've had a look at my credit file though and AG have posted a default running from feb this year (2014).

 

Are they allowed to do that with an alleged debt which is now statute barred?

 

Do you mean the start date of the default is February? If so, there may be trouble ahead if they have recorded a NEW default.

 

If they are reporting an existing default which was correctly registered within around six months of the actual cause of action, then as Brig says you’ll just have to wait for it to drop off.

[DonkeyB]

No. The McGuffick v RBS [2009] ruling takes care of this. Failure to comply with s78 does not prevent fair reporting of the conduct of an account.