HFC-No Agreement? - Amended defence help please **WON**

[robcag]

Ho ho ho

No, father xmas hasn't arrived early!

I just received in todays post a 'reminder' dated 28 Aug 2008 from Marlin (addressed Dear Sir/Madam, We give you notice that...) that on 18 July 2008 they acquired all rights in, to and under this account by an assignment, and they became the creditor to whom I owe the outstanding balance of £XXXXX.XX.

They go on to say "any legal action already taken against you will be continued in the name of the creditor" (go ahead, make my day), that I should contact them immediately to arrange payment terms (I don't think I'll bother thanks), that they are the data controller, blah blah....

Also something which is probably a bit naughty, that "certain costs associated with the legal process may be added to your account, as may be interest on the full outstanding balance including legal costs." Well I think if they are foolish enough to try any further enforcement through the courts they will get their nose bloodied and end up forking out for costs themselves.

(I haven't contacted them at all regarding this alleged account, but I did do so in connection with the other HFC account, which for whatever reason they now know has a Judgement against it, and I also received a similar letter for that one yesterday).

Just thought I'd post this as it looks like others will probably be getting similar letters from Marlin.

Cheers
Rob

[Jeff2000]

Originally Posted by robcag

Ho ho ho

No, father xmas hasn't arrived early!

I just received in todays post a 'reminder' dated 28 Aug 2008 from Marlin (addressed Dear Sir/Madam, We give you notice that...) that on 18 July 2008 they acquired all rights in, to and under this account by an assignment, and they became the creditor to whom I owe the outstanding balance of £XXXXX.XX.

They go on to say "any legal action already taken against you will be continued in the name of the creditor" (go ahead, make my day), that I should contact them immediately to arrange payment terms (I don't think I'll bother thanks), that they are the data controller, blah blah....

Also something which is probably a bit naughty, that "certain costs associated with the legal process may be added to your account, as may be interest on the full outstanding balance including legal costs." Well I think if they are foolish enough to try any further enforcement through the courts they will get their nose bloodied and end up forking out for costs themselves.

(I haven't contacted them at all regarding this alleged account, but I did do so in connection with the HFC other account, which for whatever reason they now know has a Judgement against it, and I also received a similar letter for that one yesterday).

Just thought I'd post this as it looks like others will probably be getting similar letters from Marlin.

Cheers
Rob

Hi,


Well, I look forward to receiving my letter!

Not today though. Postman has been, there's nothing from Marlin!


Jeff.

[hellhasnofury]

Hello Robocag,

They don't give up do they

I am sorry to say that I have received absolutely nothing from hfc or the unknown 3rd party. but maybe I will speak too soon, my papers might be heading their way to the post room as we speak.

Anyway back to your letter, I do hope that you will respond back to them is a most satisfactory way.

Maybe mention their conduct to the OFT and Trading Standards, and maybe don't let hfc of the hook either

[conar686]

I'm in the same boat with Marlins chasing an HFC debt.

They sent a LoA and I responded until I received something from H FC to confirm their status they can narf orf

I have a CCJ and they insist that the LoA entitles me to now make payments to them and another naff orf as the judgment states I pay Restons. In fact I'd welcome their taking me to court as this will get my case before a judge before the FOS case is decided.

Btm line I'm not paying them until I get told by a judge to do so.

[robcag]

Originally Posted by conar686

I have a CCJ and they insist that the LoA entitles me to now make payments to them and another naff orf as the judgment states I pay Restons. In fact I'd welcome their taking me to court as this will get my case before a judge before the FOS case is decided.

Btm line I'm not paying them until I get told by a judge to do so.

Hi conar

I'm also not paying Marlins on either of my 2 accounts, especially this one! Regarding the other one (with the CCJ/Charging Order), I am continuing to pay Restons just in case, although having checked my Credit Report files the balance has not decreased for the past 3 months

The Judgement for the 'other' account was a payment forthwith order, which I obviously could not pay, and that is why they obtained the CO which I didn't know anything about how to oppose at the time.

Also conar, I believe your account for which you are contemplating applying for a set-aside is regarding a credit card? If so, AFAIK, the OFT case regarding penalty charges has no bearing on credit card accounts, just bank (current ?) accounts.

One point which may be of interest to people who have been contacted by Marlin (with an alleged NoA) is the fact that having checked my Credit Report, the 2 HFC accounts are still being updated by HFC as 'Default' (up to and including Aug 2008 ), there is nothing as yet from Marlin/Phoenix.


Cheers
Rob

[conar686]

Rob

Looks like we're all in a similar boat, I've reported them & HFc to my FOS & TS case officers. I'll post what comes back, but don't hold your breath.

Your right about my case being in conjunction with a cc but I want the decision on charges clear that's why I'm willing to wait for the OFT case to complete.

Lets keep each other upto date

[robcag]

In this mornings post I've just received a brief reply to the latest letter I wrote to Marlin a few days ago, in which I doubted the lawfulness of their actions, asked them who the alleged 'client' was to whom they continually refer, and asked them in what capacity they were acting and under what legal authority.

The reply has come from the Complaints Department even though my recent letter wasn't actually a complaint, more of a 'I don't believe you' theme. It says "I am investigating your complaint and can confirm that we have in place a procedure whereby we try to investigate and resolve complaints within an eight week period". "I will respond to the issues as soon as possible".

Well in that case don't bother sending any more of your stupid letters until you have satisfied yourself that you have investigated thoroughly.

Something I just noticed when checking the Royal Mail proof of delivery page because of Marlins claim in their reply to have received my letter a day later than expected is that the RM site says the item was re-directed. I checked a previous letter and found the same thing.

So for some reason, even though I have sent all my letters to the address given at the bottom of Marlins notepaper (2 The Courtyard etc.), it appears they are using premises elsewhere.

Cheers
Rob

[Chalkitup]

Hello robcag,

Following might help... re their address

marlin financial services

Post 11 onwards

Onwards and Upwards

Chalkitup

[robcag]

Thanks for clearing that little matter up Chalkitup.

I guess we should be seeing some updated notepaper from Marlin soon, but I doubt if they'll bother until they've used up all the old stuff first. I don't know why they don't cut out the middle-man and place it straight into use in their own toilet!

Cheers
Rob

[remus]

I received my new Marlin notepaper yesterday

They now have a Compartment "Potomac Recoveries".

So many different names, is it any wonder we are confused

[robcag]

Originally Posted by remus

I received my new Marlin notepaper yesterday what was the address (presumably along the bottom)?

They now have a Compartment "Potomac Recoveries". I've had a couple of letters which mention that, but with the old address on them. Probably nothing to link their choice of name, but "Potomac Recoveries" reminds me of the plane crash in the US quite a few years ago where an airliner ended up in the Potomac river, Washington DC, killing quite a few people, with them and the survivors being recovered from the freezing water, see Air Florida Flight 90 - Wikipedia, the free encyclopedia

So many different names, is it any wonder we are confused let's hope it confuses Marlin as well!

Cheers
Rob

[remus]

address along the bottom as per usual - 16 - 22 grafton road, worthing, west sussex, BN11 1QP. Assume postman will get there quicker with cca requests.

And yes I remember that incident, very tragic, not a very nice association

[Chalkitup]

Hello,

It appears that.....

Name & Registered Office:
MARLIN FINANCIAL SERVICES LIMITED
THE COURTYARD BEEDING COURT
SHOREHAM ROAD
STEYNING
WEST SUSSEX
BN44 3TN
Company No. 04618038

Status: Active
Date of Incorporation: 16/12/2002

Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC(03)):
7487 - Other business activities
Accounting Reference Date: 31/12
Last Accounts Made Up To: 31/12/2006 (SMALL)
Next Accounts Due: 31/10/2008
Last Return Made Up To: 16/12/2007
Next Return Due: 13/01/2009
Last Members List: 16/12/2007
Previous Names:Date of changePrevious Name
29/03/2004MARLIN CAPITAL EUROPE PORTFOLIO GROUP LIMITED
22/01/2003DOLFMAY LIMITED


Has changed into....


Name & Registered Office:
MARLIN (SUSSEX) LIMITED
15 GRAFTON ROAD
WORTHING
WEST SUSSEX
BN11 1QR
Company No. 06640678

Status: Active
Date of Incorporation: 08/07/2008

Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC(03)):
None Supplied
Accounting Reference Date: 31/07
Last Accounts Made Up To: (NO ACCOUNTS FILED)
Next Accounts Due: 08/04/2010
Last Return Made Up To:
Next Return Due: 05/08/2009
Previous Names:No previous name information has been recorded over the last 20 years. ??????

Onwards and Upwards

Chalkitup

[B3rty]

Ditto...I have received the same letter..they may think the Rankine judgement means they can now litiagte with out producing a CCA...we need to watch and prepare.

BTW their website explains their new address and the fact it can accomadate 180 workers....

[pt2537]

while i need to be careful what i post on the open forum, i have a drafted opinion at work from a Barrister who was involved with one of the House of Lords cases relating to consumer Credit which confirms that firstly in their opinion Rankine is easily over come with the present case law which is still active, remember that a higher court cannot be overruled by a lower court and Rankine was the Birmingham District Registry High Court

on the second point he confirms that the statute provides that there must be a document signed by the debtor , that must be produced if the owner or creditor is to obtain an order under S65

if there is no agreement then there can be no order

that is it in a nut shell,

i wish io could post more but we do not need to worry about Rankine!!