Old egg credit card now with marlin

[jackanory1]

Hi all,

 

I've an old egg credit card that has been in default since June 2007. I've heard nothing about this for years until very recently when I received a letter from Marlin demanding payment.

Having read through the related posts on the forum I'm a little confused about my best course of action. The debt is so close to being statute barred that I'm concerned that if I do anything I risk resetting the time clock on it. On the other hand, I don't fancy being taken to court if I don't do anything.

Also, the letter I received was to my old address (my parent's place). Marlin don't have my new address yet. Does this have any bearing?

 

So far my plan is:

 

a) Send Marlin a prove it letter and waiting for a reply

b) Then send them a CCA request letter and take it from there

 

Does this seem like the right approach? Any other suggestions?

 

Thanks,

Jack

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

I this was defaulted in June 2007 then it is most likely statute barred already, as the default date can be usually up to 6 months AFTER the default date.

The address matters not if they could be bothered to get the correct address they easily could.

Do you know when the last payment was made?

[jackanory1]

Hi BRIGADIER2JCS,

 

Thanks for your reply.

 

I'm not sure when I made the last payment. On Experian Credit Expert I have a status of 8 for the oldest date they give of 72 months ago. According to their legend: 8 indicates that you have failed to keep your credit agreement and have not responded satisfactorily to requests to put your account in order. As a result the credit agreement has ended.

 

The default date was actually at the beginning of May 2007. I'm thinking you might be right that it is statute barred.

 

The default is showing as satisfied on my credit report, with a note saying Debt Assigned to CAIS Member in February 2013, which from googling around means that it was then sold to the DCA that is chasing me.

 

Firstly, how can I check if the debt is statute barred?

Secondly, if it is now statute barred, how should I go about dealing with this debt collection agency asking me for the money?

Hi Welcome to CAG,

 

I this was defaulted in June 2007 then it is most likely statute barred already, as the default date can be usually up to 6 months AFTER the default date.

The address matters not if they could be bothered to get the correct address they easily could.

Do you know when the last payment was made?

[renegadeimp]

Its almost definitley barred. I would be inclined to do one of the following:

 

Ignore them for another month or so to be 100% sure of SB status

 

or

 

Send them the SB letter and let THEM prove you owe the debt.

 

 

Have you checked your credit file to see whose name is listed on the default?

[jackanory1]

Would it be worth sending them a prove it letter, then a CCA request and/or a SAR request just to pad out the time to make sure, or will a straight SB letter suffice?

[renegadeimp]

I would send them the SB letter. See what comes back. It's 99% certain that its Statute barred but it would be interesting to see what the DCA comes with.

 

Have you checked your Credit file yet to see who the owner of the debt actually is?

[jackanory1]

The old owner on the credit file is barclaycard - that's marked as settled. There is no new account on my experian file yet, though the guys chasing me are called Marlin Capital Europe, so I'm assuming it's them.

 

Would an SB letter not be acknowledging that I owe the money? I was thinking that a few weeks of back and forth with prove it and CCA request letters would get me to the point of the default dropping of my credit file and being 100% sure that it was statute barred. What's your reasoning for sending the SB letter straight away?

[jackanory1]

Also, in light of a debt being statute barred, does it matter when Marlin sent their first letter to me? Note: I haven't replied or spoken to them about it.

[renegadeimp]

Ok. So whats likely happened is that it has simply been sold to a new owner who have yet to update the credit agencies with the new info.

 

 

As for a SB letter, i think brig needs to bring out his special one for you. Hold tight for a day or so and he should be around to help you out with a good one.

 

Regarding marlin in post #8, it has absolutely no bearing whatsoever. SB is wholly dependent on your last payment and admission IN WRITING to the debt.

[jackanory1]

Cheers for your help folks. I really do appreciate it. Was getting myself all stressed out about it all! Feeling a little calmer now!

[renegadeimp]

Theres nothing to worry about. Bring hit the nail on the head way back in post #2. All you really need is one of his letters.

[slick132]

I reckon the Statute Barred letter in the Library is the best step.

 

It won't reset the SB clock and leaves the onus on Marlin to prove it is NOT SB'd.

 

[jackanory1]

Thanks, I managed to dig out all my old bank statements last night and the last payment I made was before march 2007. I know for sure I have never written to any company regarding the debt since then. I'm now more confident that it is SB so will be sending off the SB letter tomorrow.

Edited April 2, 2013 by jackanory1

[renegadeimp]

£10 says they come back with a letter saying that a payment of £1 or £30 was made in 2009 around march or november

[jackanory1]

From reading the other threads I wouldn't expect anything else! I thought the imaginary 50p payment was the best!

 

£10 says they come back with a letter saying that a payment of £1 or £30 was made in 2009 around march or november

[BRIGADIER2JCS]

Yep that was the classic!!!

[jackanory1]

So, they completely ignored the sb letter I sent them over 2 months ago. I just received a letter telling me they've passed on the account to another dca for recovery. Any advice on what I should do now?

[renegadeimp]

Report them to the OFT and tell the new chancers the same thing. The debt is SB'd and if they do not close the account and mark the debt as SB, then you make a full complaint to the OFT and will add a comment on their fitness to hold a credit licence. Send nothing more than that.

[jackanory1]

Thanks for the quick reply. Should I send the OFT a copy of the letter that I sent marlin and proof of postage?

[slick132]

Send the OFT a copy of your letter(s) when you complain.

 

No need to send them proof of postage - just confirm it was sent by RM Signed For.

 

[BRIGADIER2JCS]

So, they completely ignored the sb letter I sent them over 2 months ago. I just received a letter telling me they've passed on the account to another dca for recovery. Any advice on what I should do now?

 

 

Hi, Which DCA is chasing this now?

 

I suggest the following letter to the Compliance Manager of this new DCA.

 

Sir/Madam,

 

I refer to a notice of assignment regarding a debt for £ xxx .xx originating from and account with xxxxxxxx, and lately in the hands of Marlin.

 

Please take note I do not acknowledge any debt to xxxxxxxxxxx or any company you may claim to represent.

 

For your information and for the avoidance of misunderstanding this alleged debt is statute barred and I will not be making payment.

 

I informed Marlin on xx xx xxxxx of the status of this alleged debt and it has failed to respond to my letter, you are reminded of the OFT Guidance on Debt Collection 2003 updated November 2012 and the sections regarding the statute barred debt, and you are also reminded of the section regarding the 'sale' of statute barred debt without informing the purchaser of the status of the debt.

 

Given the information above xxxxxxx WILL now close the file on this matter and WILL cease to process all data relating to me and remove it from all records.

 

A complaint is being made to the OFT regarding the conduct of Marlin and xxxxxxxxxxxxxxx in regard to this matter together with a comment on the fitness both companies to

hold a consumer credit licence.

 

This is my final response.

 

Send by recorded/signed delivery check receipt.

[jackanory1]

Thanks for that Brigadier! Very helpful! In fact, they don't appear to have sold the debt on: The current creditor is still Marlin Capital Europe. The letter is from Marlin Financial Services. It states that Marlin Capital Europe has decided to appoint Bramber Debt Recovery to take over recovery activity. I haven't heard from Brampton yet.

 

I'm guessing I should be sending a letter based on the one you suggested to Marlin Capital Europe, or should I write to Marlin Financial Services, or both?

[Craftygirl42]

They are all the same company including Bramber, its just another desk or office in the same company. I have had dealings with all of them in the past