Hi,

I have received a letter from Mortimer Clarke solicitors on behalf of marlin chasing a debt for an Egg credit card.

The last payment on this account was early 2008 and a default was given in June 2008 so this has now dropped off my credit file.

A CCA request has been sent on several occasions when I have been chased for payment

and they have never been able to provide a signed CCA which would have been in approx 2000.

They are now threatening me with court action but I am unsure how/ if I should respond.

Any advice would be much appreciated as I was originally thinking that I should send them a statute barred letter

but after reading other threads I am not sure if I should send this.

Should I send a CCA request as I am not sure if I ever sent one to Marlin as they bought the debt in 2013?

Many thanks!

Hi

I had the same thing with Egg - Barclaycard issue. Marlin tried and tried . I think I am correct that its "unenforceable" due to the Egg Ts&Cs I just ignored the letters and I have heard nothing since.

If you have sent numerous CCA's previously, then there is absolutely zero point in wasting your time or money sending another.

If you are confident that it is SB, then let them waste their time, money and effort flogging this dead horse.

If the harassment is getting too much to bear, then send them the SB letter, however it won't mean that they won't sell it on and

another powerless DCA will chance their arm in trying to seek payment.

It's up to you, ignore, sit back and laugh at their puerile efforts, or send them the SB letter and anticipate a new game of letter tennis.

yep I'd save the SB stuff for if/when they are brave ehough to issue a court claim.

dx

Hello,

just curious, if you inform them it's SB and they then sell it on knowingly then is there not any recourse for reporting them.

It seems to me that if they did sell it on knowingly that they would be committing fraud or at least some type of offense.

If nothing is in place to prevent the selling on when SB then there should be.

Regards to all

who decides its SB'd....

under the new 2014 FCA CONC rules

a 'creditor' should not continue to harass a debtor if they have proof and been told a debt is statute barred

but

if they don't think it is..then they are within their rights to chase payment

and threaten court.

don't forget in E&W even if a debt IS SB'd

theres nothing to state they cannot ask for payment

and you ask them to go away

the debt still 'exists'

its only in Scotland that after 5yrs the debt is TOTALLY extinquished if SB'd....

It seems to me that if they did sell it on knowingly that they would be committing fraud or at least some type of offense.

If nothing is in place to prevent the selling on when SB then there should be.

This is how the whole sordid incestuous world of debt buyers and sellers group continue to finance themselves.

They all knowingly sell on portfolios of delinquent debts, and each time they get flogged on, they slowly but surely trickle to the bottom of the cesspit barrel, where they remain, for some random tin pot DCA to chance their scrawny neck and attempt to eek out some sort of payment from an uneducated debtor.