IVA with Churchwood/Kingsgate Insolvency. Money Gone Missing?

[silentmovieman]

The CCA stuff from Marlin was just a copy of the original agreement (which was indeed for 120 months) and some notes from NR. I have had a quick look online at what a NOA looks like and can confirm that I never received one of them either from NR when I made my SAR or Marlin when I sent them the CCA.

 

As stated I have sent off for the letters from NR and the woman I have been communicating with via email has told me that as I have already made the SAR that she will provide me with anything else I need via email request so I am just waiting on her now.

 

The link you have posted regarding the NR mistakes and the compensation they are having to issue is interesting though my reading of it is that NR would have contacted us had we been affected. Also the money (if there was any to come back) would go to Marlin wouldn't it as they now own the debt and therefore it would be used against the balance? Besides, as we had already defaulted and gone into DMP in 2006 there would be no interest to refund would there?

 

Should I also be requesting an NOA from NR?

[theoldrouge]

I need to see all the agreement t&cs, not just the first page

 

there are many questions to be answered over the interest charged at various times

 

we also need to establish the exact date of sale to marlin

 

hence the NOA date

 

As the ac has been sold any refund would have to come to you

 

Obtain copies of those original statements from NR

[silentmovieman]

NOA also now requested, ILl get the second page of the t&cs up post haste

[theoldrouge]

 

As stated I have sent off for the letters from NR and the woman I have been communicating with via email has told me that as I have already made the SAR that she will provide me with anything else I need via email request so I am just waiting on her now.

 

 

ask for copies of ALL original letters and statements from 4/6/2006 onwards

[silentmovieman]

Heres the t&cs

[theoldrouge]

very difficult to read

 

can you type out terms 4/5 and 6 please

 

does anywhere on the agreement give examples of early settlement?

[dx100uk]

always better to put all the redacted pictures into a word document

rotate them

and THEN pdf the word doc.

 

 

dx

[silentmovieman]

4 - If the outstanding balance of the total amount payable on the loans is repaid early you may be entitled to a rebate of charges under the CCA 1974. Details are available from NR personal loans.

 

5- what happens if you break the terms?

If

you do not pay any of the monthly instalments on the loan on time or in full or

 

You become bankrupt or

 

Any details you gave us when applying to enter into this agreement prove to be wrong or misleading we may subject to the act by notice require you to pay us on demand

 

The outstanding balance of the total amount payable on the loan and interest and

 

All other sums then unpaid by you to us under this agreement. We may use oral or any other forum of evidence in proof.

 

6- PPI

this clause only applies if you requested and we're accepted for this insurance.

 

A) you declare that you have read and understood the details giving a summary of the protection aped by this insurance and that you are 21 and over but under 65 and in permanent gainful employment of not less than 16 hours.

 

B) you understand that if you are absent from work due to sickness or injury cover will not recommence until you return to work for at least two weeks

 

C) we may use any insurance monies we reciev to reduce what you owe to us under this agreement

 

D) insurance is underwritten by pinnacle

 

E) taking out insurance is not a requirement of taking out the loan

[theoldrouge]

imo your ac was discharged in full, on sale to Marlin

 

and in accordance with cca1974 s95

 

a rebate should have been given on the int charged as shown in the sar

 

of £2775, and the amount then owing would be £11809

 

in adddition, when you obtain the statements from NR, you may be entitled to further comp

 

as outlined in the link

 

Together these can form the basis of Formal Complaints to NR and Marlin,

 

which can be forwarded to the fos if refused

 

This willstop Marlin dead in their tracks till resolved

[theoldrouge]

95 Rebate on early settlement.

 

(1)Regulations may provide for the allowance of a rebate of charges for credit to the debtor under a regulated consumer credit agreeement where, under section 94, on refinancing, on breach of the agreement, or for any other reason, his indebtedness is discharged [F1or is discharged in part] or becomes payable before the time fixed by the agreement, or any sum becomes payable by him before the time so fixed

[silentmovieman]

imo your ac was discharged in full, on sale to Marlin

 

and in accordance with cca1974 s95

 

a rebate should have been given on the int charged as shown in the sar

 

of £2775, and the amount then owing would be £11809

 

in adddition, when you obtain the statements from NR, you may be entitled to further comp

 

as outlined in the link

 

Together these can form the basis of Formal Complaints to NR and Marlin,

 

which can be forwarded to the fos if refused

 

This willstop Marlin dead in their tracks till resolved

 

Can i ask why you think this was discharged when passed to Marlin. What would constitute the debt no longer being valid despite the money being owed?

 

Also since the loan was only in place for about a year before dmp would we really have been entitled to any comp regarding interest?

[theoldrouge]

you were charged interest throughout the dmp

 

your ac was discharged by sale to Marlin, prior to the time fixed by the agreement (120 months ends feb 2015)

[theoldrouge]

I am not at the moment saying the whole debt is not valid

 

certainly imo the amount being persued is

 

incorrect for the reasons I have given

 

and gives you basis to start Formal Complaints when you receive the statements

[silentmovieman]

you were charged interest throughout the dmp

 

your ac was discharged by sale to Marlin, prior to the time fixed by the agreement (120 months ends feb 2015)

 

What exactly do you mean by discharged and what are the wider implications of that word?

 

Sorry for all the questions but i know that you guys have a far better grasp of all this than i do and i just want to be able to follow what you mean.

[theoldrouge]

when it was sold, NR were paid and would have considered the ac as settled prior to the time that it would have ended

 

look at your sar "ac details at Migration"

[silentmovieman]

Also Im assuming that what youre saying about interest relates to the link you posted to the moneysavingexpert site.

 

 

HOwever my reading of that page is that my account wouldnt apply

as there would not have been any statements or letters between 2008 and 2012

because we were in the IVA during some of that period

before of course having that terminated and therefore not being in any sort of financial plan after that.

 

I get what youre saying about the account being settled with NR but would I be right in thinking

that this does not have any bearing on the debt with MArlin who in effect have bought the debt in good faith

and now are the ones to whom the money is owed?

 

 

Obviously none of the NR t&cs would now apply but Im guessing that Marlin would not need to provide anything

other than a summons for the money (by which i mean their letters asking for payment).

 

What should I do next? JUst wait to get the info from NR or send a holding letter of some kind to Marlin?

 

Thank you again for all your help in this matter.

[theoldrouge]

Reread your SAR

 

Statements sent from 29/4/2009 onwards

 

Await NR letters

[silentmovieman]

Reread your SAR

 

Statements sent from 29/4/2009 onwards

 

Await NR letters

 

Are you saying that i need to request statements from that new date?

[theoldrouge]

Most certainly your ac may well qualify

[silentmovieman]

That request would need to be made to Kingsgate wouldn't it as they were running things then.

 

I have requested from NR everything from 06 to when they signed over to Marlin.

[theoldrouge]

No duplicates from NR

[silentmovieman]

Ok so ive just realised that ive been making a huge mistake in my requesting.

 

 

It turns out ive been emailing kingsgate rather than NR ( so much going on to keep straight).

 

So i dont have an email address for NR so am going to have to write to them, but there is one small issue.

 

The letter from NR that came with the SAR reads as follows -

 

I enclose information disclosed in compliance with the subject access provisions of the data protection act.

The information provided constitutes your personal data as defined by the data protection act section 1 (1) that we hold for you.

 

Our records show that this loan transferred to Marlin Capital on 28 October 2013 please contact them for any further information.

 

If you would like to discuss this further please telephone the customer contact centre.

 

So can i request the statements and letters from NR or have they sent me everything they are required to?

[dx100uk]

NR MUST hold statements till the sale to marlins.

 

 

its a legal requirement.

 

 

whatever marlins do must always be inline with the original agreement and T&C's

they cannot vary them.

 

 

I would not in anyway shape or form have any more dealing with them from you end.

 

 

let them wriggle.

[silentmovieman]

Letter sent recorded delivery to nr today which they should recieve tomorrow. Do i have to give them 40 days again?

[silentmovieman]

NOw I am confused.

 

I wrote to NR last friday and sent the letter by recorded delivery so that i could track it, and they received it and signed for it on saturday.

 

 

However this morning i have received a letter from Marlin in response to my letter

with which they have enclosed the NOA but stated that any request for the statements must be made to NR.

 

Initially i thought that maybe i had sent the request to Marlin in error, it was written by hand

and i neglected to keep a copy so maybe this was a possibility.

 

 

When I went back onto the royal mail website however i noticed that the letter had been delivered from the Tyneside postal depot.

Now the address through which i have been contacting NR is in Newcastle Upon Tyne

whereas the address for Marlin is in West Sussex which is of course virtually at the other end of the country.

 

All of this leads me to the conclusion that the letter was sent to NR as i thought it had been,

so the question is why has the response come from Marlin and why have NR not responded as they should have?

 

For the record i will post the NOA asap.