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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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HSBC OD DEBT Marlin got Marstions to doorstep me now Cabot/Restons


Creole
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I have just got a letter from marston they apparently hand delivered it.

So they came to my house .

 

but i have NEVER received any court papers from any court.

 

The debt is from marlin financial and originally from HSBC many years ago.

 

What should I do?

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I have just got a letter from marston they apparently hand delivered it. So they came to my house . but i have NEVER received any court papers from any court. The debt is from marlin financial and originally from HSBC many years ago. What should I do?

 

 

Hi Creole,

 

I have started a new thread for you.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Many thanks for starting this.

 

Just to add some more info.

 

I have been recieving lots of threatogram letters from Marlin Financial Services for the past year, but have ignored them as this debt is old.

 

The last letter I received states that they will refer my account to a licenced field agent who will visit my home.

I have NOT received any court papers to say they have taken me to court.

 

I have been reading the advice given on the other thread and if I were to fill in form N244 or something like that,

I have no information of the court to put in the form.

 

I will be sending an SAR request in the morning to both Marlin and marston and find out if Marlin have the legal right to collect this debt.

 

Any advice please??

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The debt is over 10 years old, BUT I stopped paying about a year ago after getting into difficulties

The debt is £1233

An unpaid overdraft

I can't remember when I last communicated with HSBC, but a long time ago. They sold it to Metropolitan, who I was paying £5 a month

 

I have NEVER communicated with Marlin, I've kept most of their letters, but NEVER got any court papers.

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I can't scan, but this is what it says:

 

 

MY name and address

 

 

Marston Group, an appoved Enforcement Agency has been instructed by Marlin Financial Services to meet with you to discuss the current arrears on your account.

 

Marlin Financial Services has attempted to contact you, but you have failed to make contact and put forward reasonable repayment proposals to address your account.

 

If our client does not hear from you I will visit you again within the next few days. The purpose of the visit will be to discuss your account and your payment proposals.

 

TO AVOID THIS ACTION IT IS ESSENTIAL THAT YOU CONTACT OUR CLIENT IMMENTELY ON RECEIPT OF THIS LETTER.

 

Please call Marlin Financial Services immendiately on 03331239999 to discuss your account.

 

The letter was NOT signed.

 

Just Marston Gropu LTD Field Agent.

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Thanks, I was thinking that as well. I will check my credit in the morning - which I highly doubt. But can they really do this?

 

I will be sending the letters in the morning.

 

My question is, do I put my address on the letter requesting the debt agreement?

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Providing you are sure there is no CCJ then ask to be moved to the Debt Collection Forum for further advice on what to do. If you do have a CCJ then shout loud here and we'll try to help.

Please consider making a small donation to help keep this site running

 

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Hi,

 

I need some advice on a letter I've drafted for the Marston Group who visited my house yesterday.

 

I initially posted it on the baillifs area, but was advice to post here

 

 

 

I want to send Marston this letter, what do you think please?

 

Dear Sir or Madam,

 

Account Ref xxxx

 

I have noted your attempt of an unlawful visit to my home. Please be advised I will only communicate with you or your agents in writing. This visit has been duly logged by time and date.

 

Should it be your intention to re-arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Your faithfully

I will not be signing it.

 

Also, I will be sending MArlin a CCA request.

 

Grateful for any advice, thanks

Edited by ims21
Link to old thread removed as not now needed
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IMHO ignore.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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its getting near xmas, the baiiff trade must be poor

 

s o the poor buggers must try and suppliment their failing bailff trade by trying to spoof people

into paying debts they do not ever owe by cleverly intimating they are bailiffs on a civil debt.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then no CCA correct .

 

your old man did correct with the marston in their DCA shoes.

 

no powers at all!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...
Just recieved a letter today from MArlin after I sent them a CCA request, they've said the debt is not from a credit card and is not regulated under The Consumer Credit Act 1974.

 

Is that right?

 

 

Half right. the overdraft would be regulated under the 74 act, although some parts don't apply. I read somewhere that there are problems for them if they don't reply to that effect if you CCA them - along the lines that all of the 74 act applies if they don't reply correctly. Possibly interesting times ahead ...

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