Marlins chasing HFC Card Debt - soon to be statute barred debt

[mandyjayne]

Hi all

 

Marlins/mortimer clarke morons are now sending untold letters re: HFC bank for £2,500.

I have sent them this, the debt will be statute barred in 17 days (July 30th 12).

 

Marlin Financial Services

 

Marlin House

 

16-24 Grafton Road

 

Worthing

 

West Sussex

 

 

 

Dear Sir/Madam

 

Account no:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to Marlin Capital Europe.

 

I am familiar with the Office of Fair Trading debt collection guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply

 

 

 

They have replied with an income/expenditure form and various made up assignment letters from other collectors.

 

Can anyone advise on next course of action for me?

 

cheers MJ

[reallymadwoman]

Is there anything in what they have supplied which unequivocally identifies you as the debtor, or is it just assignment notices? Any statements or agreements?

 

How far back does the loan go, and why are you so absolutely sure it's SB on 30th?

 

Have you ever had any contact with any of the previous collectors whom they have identified? In fact, what is the last contact you had with anyone over this debt?

 

I am seeking enough information to suggest a strategy to keep them on the back foot for long enough to pass the SB date without doing anything which a judge might not approve of, like denying any knowledge of something they can prove you do know about.

[mandyjayne]

Hi, thanks for reply

 

No nothing just assignment letters no statements or agreement.

It defaulted July 2006 I've had no contact with anyone over those years.

 

Mj

[havinastella]

Don't do anything!

 

JOgs

[Guest]

ditto. could've just ignored them until after 30th if sure w/b s'barred, depending on what they did in meantime, and then dealt with then re sb. still can.

[mandyjayne]

Hi and thanks for the replies!

 

Just to clarify

it says card taken out feb 2000

agreement terminated july 2006

 

None of the notice of assignments are on headed paper with correct text.

 

So ignore i shall do for now.

 

thanks MJ

[citizenB]

When was the last payment made ?

 

Statute barred is 6 years from the first missed payment (see below). So if you were due to pay on say 1st July 2006 and you DIDNT then it would July 2012 that the account became statute barred.

 

You might take note that some DCAs discover "phantom" payments. So you need to be well sure that you made no payments during the 6 year period. They also make attempts to use the legally required fees for CCA and SAR requests. They cannot do that. Those fees are for the provision of those requests. Whilst they can do what they want with the money, they cannot claim that it was a payment made by the debtor to the account. It is an unsolicited gift from the creditor. HTH

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[mandyjayne]

Citizen B..

 

No idea when last payment was made..

 

should i SAR or leave?

[citizenB]

In your first post you are quite definite on the date it will be statute barred ? You can only know that if you are sure of the last payment made ?

[mandyjayne]

Many many years ago from what i remember!

Ok I shall wait and tackle what comes!

Mj

[phatram]

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to Barclaycard. I have checked my records and can find no evidence of me ever holding a Barclaycard in that number

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability (the letter from Barclaycard enclosed with your letter does not suffice as I have no knowledge of the account no.) for the debt in question and await your written confirmation that this matter is now closed.

Also I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to any of my personal or work telephone numbers registered with you or stored on your systems/records.

 

 

 

Thanks for the above to another ripped off consumer.