Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Company handling debt gone bustand new company say I've never made payments
Can anyone help or advise me on this?
I have tried searching but cant seem to find anything.
I had a debt that had been passed to a company called Collect One.
I had been merrily paying them money every month from September 2007 until present time and had halved my debt with them and thought I was great. Till I got a phonecall from a company called Marlin Financial Services saying I was due them £XXXX but I had never heard of them. After a lengthy discussion it turns out Collect One had gone down the tubes since I had been paying them but I hadnt been contacted due to moving house and I hadnt changed the address. Stupid I know. Anyway Marlin say I owe them the full amount before I paid so I sent bank statements as proof that I had paid but they sent one straight back to say thanks but we have received 2 payments from Collect One for your debt but not the rest so you still have to pay it all.
What can I do?
Re: Company handling debt gone bustand new company say I've never made payments
tell em (MARLIN) to prove they have not had the payments, sounds like a [problem] to me. and contact collect one or the recievers to find out what is going on, but do not repay what you have paid, you could also CCA Marlin to see if they can legally collect the debt, assuming the debt is covered by a consumer gredit agreement
Re: Company handling debt gone bustand new company say I've never made payments
Originally Posted by PGH7447
tell em (MARLIN) to prove they have not had the payments, sounds like a [problem] to me. and contact collect one or the recievers to find out what is going on, but do not repay what you have paid, you could also CCA Marlin to see if they can legally collect the debt, assuming the debt is covered by a consumer gredit agreement
I have done so and rightly or wrongly am not paying anyone else till the matter is resolved. Trust no one! Sorry for being thick/ignorant but what do you mean by CCA them?
Re: Company handling debt gone bustand new company say I've never made payments
A CCA request is a request under the Consumer Credit Act 1974 asking for a copy of the original agreement pertaining to alleged debt.
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG
Dear Sir/Madam
Re:− Account/Reference Number 4563210025897412
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
We understand a copy of our credit agreement should be supplied within 12 working days.
We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
We look forward to hearing from you.
Yours faithfully
Mr A N Other
Send the £1 by postal order and do not sign the letter - print your signature or initials. They have 12 (plus 2 for admin) working days to send you a copy of the agreement. If they fail to do so, they are in default of your request and you do not have to make further payment. After a further 30 days, if they still haven't sent you a copy they commit an offence and you can report then to Trading Standards and the OFT. Golden Rule No 1 - NEVER speak to them on the phone. Either hang up or leave them hanging to waste their bill - they will only bully you into paying them. If they start to harass you on the phone, there is a letter you'll get on here abou harassment. If you receive anything from them, scan it on here to find out if it is legally enforceable.
Re: Company handling debt gone bustand new company say I've never made payments
Originally Posted by PGH7447
tell em (MARLIN) to prove they have not had the payments, sounds like a [problem] to me. and contact collect one or the recievers to find out what is going on, but do not repay what you have paid, you could also CCA Marlin to see if they can legally collect the debt, assuming the debt is covered by a consumer gredit agreement
They have taken over the previous companies debtor/accounts so are liable for any payments you have made. (which I doubt & are just the same people trying it on) The fact that they didn't get the funds from the other company is their fault not yours. They can't demand payment twice for the same debt
Having provoked the situation do as suggested & send the various template letters & lets see if we can kick this bunch into touch completely
In the meantime could one of our many experts on here search both companies to see if there is any link such same address, directors or consumer credit licence
Re: Company handling debt gone bustand new company say I've never made payments
How can you suggest your thick and make a statement like:
am not paying anyone else till the matter is resolved. Trust no one!
That's definately not thick or stupid, that is sense.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Re: Company handling debt gone bustand new company say I've never made payments
Sorry - must have misread, I thought they were running themselves down and they shouldn't.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Company handling debt gone bustand new company say I've never made payments
Reply With Quote
Originally Posted by PGH7447
