Marlin/Barclaycard/Egg

[about time]

Hi,

 

A Barclaycard debt has been passed, some time ago, to MKDP.

 

The debt shows as settled under Barclaycard on my credit file

but is shown as an active account with MKDP which I take to mean B/card have no interest in it and have passed it fully to MKDP.

 

Last week I received a chase letter from Raven Collections and so

 

sent a CCA request on 21st Feb.

 

Today I received a letter from Keynes Collections stating that they have been instructed to issue legal proceedings.

 

Given that Raven/Keynes/MKDP appear to be one and the same and are all at the same address

will my CCA request to Raven suffice or do I need to send one to Keynes/MKDP or both?

 

Thanks,

 

AT

[about time]

Hi,

 

I have CCA'd Marlin in relation to an account that was originally with Egg,

then transferred to B/card before being bought by Marlin.

 

The Egg/Barclaycard account shows as settled on my credit file but the Marlin one is active and in default.

 

I sent the CCA letter on 28th Jan and after one letter querying the postal order I received a letter dated 12th Feb which stated

 

"We confirm receipt of your £1.00 cheque for the section 77-79 request

and confirm as we do not hold all of your information on file,

 

we have requested a copy of the Agreement and Statement of Account from the original creditor Barclays Bank Plc T/A Barclaycard

and we will forward to you upon receipt."

 

My understanding is that once they go beyond 12+2 days they are in breach

but would this be from the day my request was initially sent or from when they received the correctly completed postal order

(I initially forgot the payee details!).

 

Either way I guess they are in breach as they are more than 14 days past the above letter.

 

Does the above letter help my case if they decide to go to court? Should I be doing anything else now?

 

Thanks,

 

AT

[firstship]

Hi Yes they are in breach and there is a letter in the site library to cover this situation and I would suggest you send the letter.

 

In due course they will provide the information requested, and ignore the 14 day rule, If it exists,the Egg, Barclaycard route,is littered with the original agreements not being available,and watch out for them producing an application form only,they also have to provide the terms and conditions that where on force at the time you took out the Egg card.

 

At this point in time send the breach letter and wait and see what they provide

 

Are you paying Marlin any money each month??

 

FS

[dx100uk]

CCA postal order should always be left blank

 

and don't ever sign the letter either

 

they have 12+2 WORKING days end of!

 

if they fail that deadline

 

then you are quite entitled to stop payments unrtil they comply.

 

id be sending an sar to the Canadian house egg address

get all the statements and the comms log.

 

this often proves invaluable in these sold on EGG card cases.

 

dx

[dx100uk]

no one will do

 

did you send the failure to comply letter

 

dx

[about time]

Not yet, I'll get one sent off, I take it I can find the template on the forum?

[about time]

Oh dear, I made out the payee section of the PO I sent to Marlin and the one I sent to Raven, I didn't sign the letter though. I'll send the failure to comply letter and SAR Egg then, and no, not making any payments to them at the moment.

 

Thank you for your replies and advice which is much appreciated

[dx100uk]

green library tab top left dca section

[firstship]

When did you last pay anybody?when did you last acknowledge the debt?

 

FS

[about time]

Last paid in 2009 and acknowledged the debt in 2010 when I set up a dmp with payplan. I've now sent the failure to comply letter and so far it has gone quiet, which is a relief!!

[about time]

Thanks for the above dx,

 

I'll send it off to this lot tomorrow as it was 12+2 days on Saturday,

 

in the meantime MKDP have written to advise that they don't hold the documents

and so will be contacting Barclaycard to request the information I have asked for.

[about time]

Hi,

 

Having had great news about a Lowell's claim today I thought I should probably check if I should be doing anything with these.

 

Marlin have not made any attempt to contact me by mail or phone since 7th March

when they sent out a copy of an on-line application and some generic agreements and terms and conditions

(with over two pages of rates listed for various agreement start dates).

 

Am I kidding myself in thinking that the fact that they have suddenly gone very quiet

means they know they couldn't succeed in a claim and so have decided not to pursue me??

 

Should I do anything else on this one now?

 

Thanks!!

 

AT

[about time]

Hi DX,

 

After the success with Carter/Lowells I'm turning my attention back to the others.

 

MKDP have not made any attempt to contact me by mail or phone since 7th May

 

when they sent out a reconstituted agreement which seems to just be a couple of pages of a generic agreement

 

with my name and address typed in the header. There is nothing with a signature on it.

 

Am I kidding myself in thinking that the fact that they have suddenly gone very quiet means they know they couldn't succeed in a claim and so have decided not to pursue me??

 

Should I do anything else on this one now?

 

Thanks!!

 

AT

[dx100uk]

scan them up if you like

 

dx

[about time]

And here they are for this one dx......

 

Thanks again!!

 

AT

[about time]

Ok, thanks for clarifying.

 

The most important thing is that they can't do anything anyway I guess.

 

I don't want any loans/cards (EVER AGAIN!!!!) etc so the only time I'll need my credit rating is to remortgage when rates eventually go up

but I have a feeling it'll take longer for the house to gain enough value for me to be able to do that than it will for the defaults to go.

 

If they had a chance of getting a ccj and so re-setting the clock on me cleaning up my file I would be worried but it seems like I'm safe.

 

As always thanks for being there with the advice dx!

 

Have a good weekend.

 

AT

[dx100uk]

ah right so the only bit of this old thread of any relevance is the T&C's upload

 

dx

[about time]

Yep, Egg T's & C's are from another thread (which confusingly did also become a Barclaycard debt when Egg was bought out) and a separate debt so it's just the Barclaycard ones that apply to this one.

 

Thanks for moving and re-naming the thread DX.

[dx100uk]

ok i'll moved the egg stuff to a new thread for you

 

standby.

 

dx

[dx100uk]

done