The Lovely Marlin recoveries....more threats to come?! - Marble Cfredit Card debt

[moneyworries]

I think they intend to go for a forthwith CCJ and then CO in light of the house being for sale. I'm going to write to them telling them about the account being in dispute and how Marlin have already told me they cannot provide any of the docs I requested and then tell them to issue proceedings if they want to as they will likely fail due to the lack of documents from Marlin.

 

I am not actually disputing the debt, I know I had a Marbles card but I am disputing Marlin's right to collect cos they are a bunch of monkeys....

[dcakiller]

My initial reaction would be to tell them to get knotted!

 

They would have to A...get a CCJ first... and then wait for you to default on that before going in for the CO...

 

Spam.

 

Agree they would have to get a ccj and then have you default on it .

[Spamalot]

I think they intend to go for a forthwith CCJ and then CO in light of the house being for sale. I'm going to write to them telling them about the account being in dispute and how Marlin have already told me they cannot provide any of the docs I requested and then tell them to issue proceedings if they want to as they will likely fail due to the lack of documents from Marlin.

 

I am not actually disputing the debt, I know I had a Marbles card but I am disputing Marlin's right to collect cos they are a bunch of monkeys....

 

Yes, I am afraid Phoenix/ Marlin caught me unawares last year over my marbles account and I am now awaiting a hearing with regards to setting aside the CCJ that they got with the intention of turning into a CO.

 

Since looking into it I have found that their paper trail and documents are seriously shoddy and unless I get a Judge who has his wig on back to front and a bee in his bonnet I hope to get a result in my favour..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt.html

 

Don't let them bully you.

 

Spam.

[Spamalot]

Just thought.... Maybe they're worried you won't give them your forwarding address!!

 

Spam.

[moneyworries]

hmmmm....I beileve Mortimer Clarke are a one man outfit upstairs in Marlin's office and that from what I can see on here if you stick up for yourself they don't pursue.

 

I've never heard of a threatogram quite like that letter though so just wanted to see if there was any foundation to it or whether to just treat it like the scare tactic it seems to be.

 

I'll write a suitably strong worded letter and send it out tomorrow and see what they do.

[Spamalot]

Hi,

I'm assuming that HFC Assigned your account to Phoenix, did you ever get any defaults from HFC?

Did you get NOA's?

 

Well worth looking through your paperwork just in case they try it on.

 

You're right that Marlin and Mortimer are pretty much the same outfit cause if you send a letter to one you get an answer from the other, and if my experience is anything to go by you never get what you ask for anyway.

 

Spam.

[twofoot]

I'd be pointing out the merits of them not getting a CCJ when you defend it and cancel the payplan. They assume everyone is as thick as they are.

[B3rty]

They are trying it on, even if they had a legit agreement by the time they got past Northampton and county court they can only get a charging order if you default so that's a long way down the line.

 

You need to send them a stiff letter as MC are their in house cowboys who work in a pretty much automated sort of way and when it comes to sending out bespoke letters tend to make a lot of errors..

 

Point out the account is in dispute as the agreement didn't contain the prescribed terms and quote some case law

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land.

 

Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

 

• The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

• Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

 

 

Go on to say that any litigation would be defended and you would use your rights under CPR 7.3 at AQ stage to ask the court to produce a copy of the original agreement or dismiss the claim

 

Also say that despite the account being in dispuite as a sign of goodwill you are still happy to make your payments as per your debt management plan

 

This give you a lot of ammo should they pursue legal action.

[moneyworries]

nice words!!! I'll post the letter in the morning and let you know if they come back with anything

[moneyworries]

Following B3rty's advice I have sent MC and Marlin separate letters basically talking about the account being in dispute and detailing to MC about the crap Marlin tried to pass off earlier as an acceptable CCA response. I summed it up with the bit about taking legal action at this stage being forbidden and advised that I will vigorously defend any actions and that I am sure my documents are in a better state than theirs etc.

 

I am however interested to know how they knew my house was for sale? Did they just chance to look on whatever database they may have or does someone actually notify them when people put their houses on the market? If anyone knows the workings of this it would satisfy my curiosity!!!

[sillygirl1]

It would be interesting to find out how they knew about the proposed sale - unless the solicitors registered their 'interest' in the sale on a database and they had access to it it would be difficult to track - I have a suspicion though that once a sale query has been run it is recorded on a CRA database somewhere (only guessing here) and 'alerts' are sent out to creditors accordingly.

[Spamalot]

Following B3rty's advice I have sent MC and Marlin separate letters basically talking about the account being in dispute and detailing to MC about the crap Marlin tried to pass off earlier as an acceptable CCA response. I summed it up with the bit about taking legal action at this stage being forbidden and advised that I will vigorously defend any actions and that I am sure my documents are in a better state than theirs etc.

 

I am however interested to know how they knew my house was for sale? Did they just chance to look on whatever database they may have or does someone actually notify them when people put their houses on the market? If anyone knows the workings of this it would satisfy my curiosity!!!

 

Maybe they have a list of homeowners 'indebted to them' and one of their monkeys has a job to trawl through the internet and check the estate agents in the respective areas every week to see if any come up for sale... :-|

You never know what lengths they're prepared to go to to try and squeeze the money out of their unsuspecting 'clients'. They can't spend all day counting their fingers and toes and writing MCS in the gap at the end of the letters.

 

Love to be a fly on the wall when your letter arrives! :grin:

 

Keep us posted.

 

Spam.

[B3rty]

I wondered the same thing however did you have to register a homebuyers pack?...and if so maybe this triggers something at Land Registry.

 

Interestingly I have had dealings with Marlin and know their whole purpose is to litigate unsecured debt to secured which is a very quick way to increase the value.

 

Phoenix have targeted zero rated bank accounts/cards which are predomdinetly house owner debt and car finance as these agreements are easy to litigate...unless of course the account is held by a CAGGER

[moneyworries]

Right, well I sent both Marlin and MC the bollocking letter for trying to take legal action and basically set out my stall as a formal complaint combined with a "bring it on" and MC have passed the complaint back to Marlin who have promised to "try" to rectify the matter within eight weeks.

 

Ever wary of MC I thanked them for their correspondence and advised that I would give marlin the eight weeks they needed to "try" and resolve the matter. I reminded them of course that them taking legal action in this period was unlawful/harassment etc and would be treated as such so hopefully they will shut up for a while now.

 

Does anyone have a similar experience where they have managed to get them to keep quiet or indeed anything I might need to be aware of?!

 

Oh BTW - If you put your house on the market, some DCA's have a trigger to the Land Registry which alerts them to the HIP pack you need to get before you market your house so I am guessing this was the source of their original interest....

[jon888999]

Right, well I sent both Marlin and MC the bollocking letter for trying to take legal action and basically set out my stall as a formal complaint combined with a "bring it on" and MC have passed the complaint back to Marlin who have promised to "try" to rectify the matter within eight weeks.

 

Ever wary of MC I thanked them for their correspondence and advised that I would give marlin the eight weeks they needed to "try" and resolve the matter. I reminded them of course that them taking legal action in this period was unlawful/harassment etc and would be treated as such so hopefully they will shut up for a while now.

 

Does anyone have a similar experience where they have managed to get them to keep quiet or indeed anything I might need to be aware of?!

 

Oh BTW - If you put your house on the market, some DCA's have a trigger to the Land Registry which alerts them to the HIP pack you need to get before you market your house so I am guessing this was the source of their original interest....

Don't trust Marlin or Mortimer Clarke.

You can Guarantee they'll try something behind your back.

Being in dispute won't stop them.

Well unless they've been visited by the OFT already.

[moneyworries]

I definitely don't trust them - There's a thread on here where somebody is encouraging us to report them to the OFT in light of the fact that OFT see to be asking questions about their practices instead of just sending the usual response to complaints so I'm going to add to 2pworth to that. Every little helps lol.

[jon888999]

I definitely don't trust them - There's a thread on here where somebody is encouraging us to report them to the OFT in light of the fact that OFT see to be asking questions about their practices instead of just sending the usual response to complaints so I'm going to add to 2pworth to that. Every little helps lol.

That's me!

[Spamalot]

That's me!

 

 

Don't forget... It's National Complain about a DCA day today!!

 

Don't forget to write to Marlin and ask them for a copy of their complaint procedures.

[jon888999]

Don't forget... It's National Complain about a DCA day today!!

 

Don't forget to write to Marlin and ask them for a copy of their complaint procedures.

I'd prefer to visit them to make a complaint! I'd probably end up in trouble though! I'm 6ft 8 tall and 20 stone! LOL.

[moneyworries]

The irony of it all is that I'm not trying to avoid the debt - clearly I cannot claim that there was no debt to acknowledge as I am in a DMP with Payplan. I only CCA'd them in the first place because they added loads of stupid charges to my account and wouldn't explain them!! I got sick of their stupid phone calls and then discovered this site which helped me to understand the mechanics of it all. Hence I am not saying that there was never a debt, just that Marlin do not have the legal right to claim or enforce it and hence cannot take court action. The only debt I had was with HFC not Marlin!!

 

I have now learned of course that whether the debt "exists" or not, certain criteria (ie: true copy agreement, NOA, DN's in place etc) need to be upheld in order for anyone to enforce it at court level and if Marlin/MC cannot fulfil that then the debt is unenforceable in court and they will have no choice but to settle it at a bargain price(!) or keep taking the DMP payments until the year 20million. From what I read on here this is an indisputable point of law and that's what I'm sticking to but Marlin are too thick to take this on board and keep treating me as if I'm trying to avoid the debt...madness!!! They could have had this all sorted ten times by now...

[Spamalot]

The irony of it all is that I'm not trying to avoid the debt - clearly I cannot claim that there was no debt to acknowledge as I am in a DMP with Payplan. I only CCA'd them in the first place because they added loads of stupid charges to my account and wouldn't explain them!! I got sick of their stupid phone calls and then discovered this site which helped me to understand the mechanics of it all. Hence I am not saying that there was never a debt, just that Marlin do not have the legal right to claim or enforce it and hence cannot take court action. The only debt I had was with HFC not Marlin!!

 

I have now learned of course that whether the debt "exists" or not, certain criteria (ie: true copy agreement, NOA, DN's in place etc) need to be upheld in order for anyone to enforce it at court level and if Marlin/MC cannot fulfil that then the debt is unenforceable in court and they will have no choice but to settle it at a bargain price(!) or keep taking the DMP payments until the year 20million. From what I read on here this is an indisputable point of law and that's what I'm sticking to but Marlin are too thick to take this on board and keep treating me as if I'm trying to avoid the debt...madness!!! They could have had this all sorted ten times by now...

 

SNAP!... If it wasn't for their greed and underhanded tactics I wouldn't have been looking for advice and found CAG... They were getting their money, the dumbasses, but they were trying to 'kill the goose that laid the golden egg 'in their haste. to secure it..

 

Now ,unless I get a Dumb ass DJ, they look set to owe me..... BIG TIME!!

 

Spam.

[babybear39]

Subscribing...

[moneyworries]

I'll see how it goes and keep you updated. Marlin keep citing Rankine over and over but as I'm not disputing the debt (just their right to enforce it)and they can't prove that my account was actually terminated then Rankine should not apply. Not that they have ever bothered replying when I told them that lol

 

If MC do issue court proceedings then it will all be on the basis of them not needing to provide CCA stuff because I clearly have a past relationship with the creditor whereas my defence is that Marlin do not have the necessary in order to legally enforce this debt which means my relationship with anyone is neither here nor there.

 

Hopefully it will all be that simple but I am not too optimistic :?

[moneyworries]

I won't go into it all but Marlin Financial Services have been driving me crackers fo rthe past year or so with their stupid letters and threats.

 

After going through the CCA process and writing lots of polite but strongly worded letters they finally wrote to me saying that they have closed my account and that they and the OC have discharged my responsibilities under this account and I owe nothing.

 

Don't get me wrong, this lot haven't seen the error of their ways or anything and I know that it is likely that another DC will end up with the debt but I know that the OC didn't pass on any proper paperwork so I am now properly armed if this happens again!!

 

It goes to show though that it you keep fighting back they will give up so no matter how scary their threatograms are or how often they try to ring or how may time they threaten court action just keep writing and telling them that you owe them nothing until they can prove their right to enforce/collect the debt. I just kept saying that I would be happy to come to an amicable resolution either in or out of court as soon as they sent the paperwork as obligated. They tried all the Rankine stuff, then got Mortimer Clarke to try the Rankine stuff and all the time I just kept writing back with letters from here and now they have given up...they just can't be bothered if you fight back and most of their "successes" are with people who haven't found this site yet.

 

Power to the people eh?! Good luck to all in the same boat

[Huff&Puff]

That's excellent news. Well done :)