help with bct

karen654321 · 6th July 2007, 12:34

Hiya i need some advice.

My husband had a car with british credit trust but it was evenually repossesed. The debt is now being dealt with by marlin financial service.
I sent of for copies of charges and payments and was horrified that before the debt was sent to marlin we had £954.61 of charges.
I sent off the prelim letter for them back but we have had a response stating that as there was still a debt when the account was transfered to marlin we cant claim them back as offically we have never paid them.
And also any claims we have should be directed to marlin financail service.

It was actually british credit trust who charges us these amounts before it was sent to marlin so can someone confirm if im doing this right.

thanks very much

karen

karen654321 · 7th July 2007, 00:35

patdavies · 7th July 2007, 09:39

Write back to Marlin saying that you dispute the debt and that it should therefore be passed back to BCT.

Then reclaim your charges from BCT as you would a bank.

karen654321 · 7th July 2007, 11:19

Can they pass it back if its been bought by them?

thanks

karen

karen654321 · 9th July 2007, 08:26

karen654321 · 16th July 2007, 01:18

anyone?

jet_black · 24th July 2007, 13:57

sorry, I can't help you there, bumping up so someone else can have a look

patdavies · 24th July 2007, 18:30

There's nothing to stop you going after BCT for your charges - as you would a bank.

I would write a CCA letter to Marlin to ensure that they have actually purchased the debt and all the requisite paperwork. If they cannot produce a copy of the original agreement, then they cannot enforce the debt.

karen654321 · 23rd August 2007, 01:12

Hiya i have had the credit agreement back but unfortunately cant scan it at the moment. I wrote to bct again stating that these charges were charged when the account was with them. Once again they have told us to deal direct with marlin not them.
any ideas

thanks

karen

karen654321 · 7th September 2007, 15:28

karen654321 · 11th September 2007, 00:42

karen654321 · 31st October 2007, 15:28

Im really in need with help on this... Credit agreement that was sent to us is not the actualy proper agreement.. It has the incorrect mileage on for the car we bought.. about 30k out... When my husband took out the finance he queried the wrong mileage and we were told a new credit agreement would be sent with correct mileage. Not sure we ever recieved this..

I dont know if this is enought to actually dispute this cca or if the court really wouldnt care about mileage being incorrect on cca.

Marlin are really on our backs now and could do with any advice...

thanks

karen

karen654321 · 18th December 2007, 01:09

any help pleeeeeeeeease

patdavies · 18th December 2007, 14:26

As I said before, go after BCT for the charges in exactly the same way as you would a bank.

Not nice cosy letters saying please can we have our charges back. Ignore BCT saying that you have to deal with the DCA (Marlin)

Send BCT a S.A.R - (Subject Access Request) by modifying the bank template letter. Then reclaim all charges with interest.

Write to Marlin saying that you dispute the debt with BCT and ask them to either follow OFT guidelines and return the debt to BCT, or provide you with written evidence that Marlin now own the debt and are not collecting on behalf of BCT.

Also, this is a debt matter, not a car matter. PM a mod to get it moved into a debt forum, where you will get more help.

karen654321 · 4th January 2008, 02:00

Hiya patdavies Sorry for delay in replying. This is finance on a car does it still need moving? Sent a lba now to bct awaiting there reply. I am just sorting out a letter now to marling.. Will keep you posted

many thanks

karen

Lula · 4th January 2008, 02:12

Hi, I have asked someone with some experience of this to come and take a look, also that it be moved to somewhere more appropriate

karen654321 · 7th January 2008, 15:01

Hiya lula, I still havent heard back from anyone about moving this thread and helping me.

thanks

karen

Curlyben · 7th January 2008, 15:31

Karen, could we please have a quick summary on exactly what you have and haven't done with this as it's a little jumbled.

karen654321 · 16th January 2008, 14:59

Hiya curlyben, sorry for the delay. Firstly i think this needs moving into the debt section.

Right here goes.

My husband took hp out for a car with bct 2/02.

The car was repossessed in 04

Marlin financial were chasing us for the money outstanding which is now about £6800.
We have recieved a letter now chasing the outstanding debt from scotcall so i believe they own it now.

I did sent a cca request off to marlin who provided me with a cca.

I also sent a S.A.R - (Subject Access Request) to bct who sent statements with nearly £1000 of charges on.

I have have sent prelim letter to bct for charges back and also lba to bct. They basically keep saying that although i was charged, i never cleared the account so they remain outstanding. They also state that they dont own the account no more marlin does so i shouldnt be contacting bct.

The credit agreement they have provided i dont believe is the correct cca. It has the incorrect mileage on it. Its incorrect by about 30k.

To be honest i am really lost with all this. I presume it has been to court and the outcome was that the car was repossesed.

I dont know if we should just contact them and come to some payment arrangement. What is so annoying is that the original hp agreement was for 8700. Obviously payments were made and they sold the car but the debt still remains at 6800.

thanks for looking

karen

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