Egg Credit Card now BarclayCard - Marlin DCA chasing

[brubaker]

Hi guys

 

I am a newbie to this forum, but decided to join as I read some interesting stuff on here particularly regarding Marlin DCA.

 

I have an existing credit card debt with Egg which last payment was made back in 2009.

 

I received a letter this year from Marlin who are chasing the debt on behalf of BarclayCard.

 

I wrote to Marlin on the 3rd March 2013 requesting a "true copy" of the original credit card agreement (s78 of the CCA).

 

I then received a letter from Marlin on the 23rd March 2013 stating that

"We do not hold a copy of your online agreement and have therefore applied for a copy from the original creditor and will forward upon receipt."

 

A few questions:

 

Is my letter of the 23rd March a valid CCA request or does it need to worded in a certain style?

 

Should I have sent a failure to comply letter after 12+2 days or does it not matter too much?

 

Based on the answers to my above questions, since it is now 13th May and I have not heard anything,

is the agreement unenforceable?

 

Thanks in advance.

[dx100uk]

did you sent a £1 PO as the fee?

 

dx

[brubaker]

Hi DX I did not no, is it bit late for that now?

[dx100uk]

I wouldn't p'haps worry

 

marlin are speculative fleecers anyhow.

 

is this on your CRA file?

 

dx

[brubaker]

You have experience with them then. The woman who initially called me was very obnoxious and put the phone down on me.

 

Yes it is on my CRA file, I would like to have it removed although I would have to wait another 18months for that, unless the debt does become unenforceable I am able to have it marked as satisfied ?

 

It was an online application and did initially ask Egg back in 2009 for the true copy, then they disappeared of the face of the earth.

 

So just sit back and wait?

[dx100uk]

have you got all the statements.

 

not got heeps of penalty charges & PPI?

 

whos the owner on the cra file?

 

dx

[brubaker]

have you got all the statements.

No there statements were online and don't have access to the account anymore.

 

not got heeps of penalty charges & PPI?

Interestingly no charges so far and don't remember if there was PPI as the account was opened in 2004.

 

whos the owner on the cra file?

Barclaycard (Experian CRA file)

 

Thanks

Bru

[dx100uk]

ok so marlins can do stuff all then

they don't own the debt.

 

ignore them.

 

 

get an sar off the BC

 

dx

[dx100uk]

oh forget

 

NEVER EVER talk on the phone.

 

they are NOT BAILIFF

they have no such LEGAL POWERS.

 

refuse to ans security questions.

 

dx

[slick132]

Hi Brubaker and welcome to CAG

 

Even though you failed to enclose the £1 fee as required to make your CCA valid, Marlin have confirmed in writing that they'll seek a copy of the agreement from BC. This should hold them up for now.

 

Send BC the SAR so you can check for PPI and any penalty charges that would have been added when you missed payments.

 

[brubaker]

Hi guys

 

Thanks for the information.

 

I just had another look on the CRA file and noticed although the owner of the debt appears to be BC, it states on the CRA file below BC the following:

 

DEBT ASSIGNED CAIS MEMBER

start date 02/13

 

Does this mean Marlin now owns the debt? If so send the SAR to Marlin?

 

Also what are your thoughts on Marlin's or BC's enforcement of the debt based on what I explained?

 

Thanks

[slick132]

Hi BB,

 

Was this originally an Egg a/c that was taken over by BC.

 

We've seen a large number of ex-Egg, BC a/c's which Marlin must have bought as a Job Lot.

 

[dx100uk]

Credit Account Information Sharing

 

just means they can share data with marlin

 

if it shows BC its with BC

 

you always SAR the original creditor no matter what

 

dx

[brubaker]

Thanks guys much appreciated.. Yes slick the account was originally with Egg then passed over to BC in which Marlin are now chasing.

[slick132]

Well, despite what the CRA currently shows, I suspect the a/c has been bought by Marlin.

 

It'll become apparent in time as BC should supply details of any Assignment or sale to Marlin.

 

[brubaker]

Ok guys cheers, I will get the SAR off this week.

[brubaker]

Ok guys cheers, I will get the SAR off this week.

 

Hi guys

 

I requested a SAR from BarclayCard and they returned the £10 postal order stating that no cards or products have been located with the information provided and we are unable to locate an account relating to the request based on the information provided. The details I provided were my name address original reference and new reference as stated in the letter from Marlin.

 

marlin have also just responded stating they have enclosed the online application which is just a printout no signatures and not a true copy of the agreement.

 

What are your thoughts guys?

 

Thanks

[dx100uk]

post the cca to bc and say now find my info please

 

dx

[slick132]

Hi BB,

 

If BC can't find the a/c data, I fail to see how Marlin can demand payments with any confidence.

 

Have you checked to see if the a/c is now showing as being owned by Marlin. If so, send the CCA request to them with the fee.

 

[brubaker]

post the cca to bc and say now find my info please

 

dx

ok I will send BC a CCA request, but look like they have no data on me as the reference numbers provided should tie in with the application.

[brubaker]

Hi BB,

 

If BC can't find the a/c data, I fail to see how Marlin can demand payments with any confidence.

 

Have you checked to see if the a/c is now showing as being owned by Marlin. If so, send the CCA request to them with the fee.

 

I agree It doesn't surprise me if Marlin are trying it on.

 

I could request another Credit Report, however I did request a true copy of the agreement and all they could send me is a print out with no interest charges or breakdown of the account no signatures didn't look official to me.

[dx100uk]

send a copy of the marlin cca return back with your SAR request.

 

dx

[brubaker]

send a copy of the marlin cca return back with your SAR request.

 

dx

Ok will do

 

Thx

[brubaker]

Hi guys

 

Just and update found out that Marlin now own the debt, however when I asked for a true copy of the agreement they sent me a computer print out with no interest rates on etc. I am still awaiting a response from BC regarding the SAR I sent them. Would you suggest sending Marlin the SAR now and a proper CCA request as the original one I sent didn't include a £1 PO.

 

Thanks

Edited August 20, 2013 by brubaker

[slick132]

Hi BB,

 

Any CCA request should always include the £1 fee or the bank may refuse to comply. Send one now to Marlin.

 

Has the 40 days, for the SAR to be answered, expired yet ?