Marlin Financial

[leo3]

Hello, new to this but need help! I had a credit card with MBNA and due to loads of personal issues I fell behind with payment . I had been trying to arrange a payment schedule with MBNA who insisted on telephone contact and never responded to letters. I now find the debt has been soldto Arrow Global and the debt is being handled by Marlin Financial. I only found out on receipt of a default notice 13th October followed by a termination notice. I wrote immediately offering to pay £50.00 per month on a debt of £7000 saying that I would review in 3 months to say if I could pay more. Last night I received a response from Marlin saying that the sum proposed to repay the debt is nor reasonable and that if I did not pay the full abount within 21 days of the statutory demand they may proceed with issuing a bankruptcy petition against me. They have asked me to ring them but I would prefer to deal with them in writing. Can they make me bankrupt.

[maroondevo52]

Hello and Welcome, Leo.

 

I'll move this thread to the appropriate Forum, where hopefully you will get some help.

 

Regards.

 

Scott.

[spamheed]

The first thing to do is send them a CCA request, depending on when you took out the card, this may be enough to dispute the debt.

 

You need to ensure that Marlin have a right to enforce the debt and that they can prove lianility against you.

 

Have you actually received an SD from them? if so you need to move to get it set aside as quickly as possible.

 

On the assumption that you have received an SD (the wording of your post imlies this to be the case)

 

Keep the envelope that it arrived in.

 

How was it posted to you? 1st class? 2nd class?

 

If an SD is not set aside then yes, they can (usually they dont) but they can make you bankrupt, so best to treat it seriously.

 

If they have not served the SD correctly it is a simple matter to have it set aside, it also opens the door to claiming costs against them.

[leo3]

Computer crashed so not sure if reply went through, basically I have not received a SD only a default notice and termination notice. Can they proceed to the next stage if I have not received a SD. I will request CCA and do I also inform them that I have not received the SD? Card was taken out about 4 years ago

[spamheed]

No, don't mention the SD. making someone bankrupt is not a step taken lightly it costs money and offers no guarantee of a return. Creditors are generally reluctant to follow this path, but they will happily threaten it if it could scare a debtor into paying.

 

send the cca and see what comes of it

[leo3]

Nightmare, sent the CCA letter to Marlin on Monday did not mention SD and sent recorded delivery. Knock on the door tonight at 6.30 and I am served with a Statutory Demand on behalf of Arrow Global! The only date I can find on the document is 17th November under the signature of the solicitor. Does this mean I only have 18 days from that date or todays date. Should I have asked the delivery man to date the document, cos what proof do I have that it was delivered tonight! I am worried sick

[ScabHunter]

It is a rare phenomenon on this forum to come across a statutory demand served properly. We are so used to seeing them sent through the post, often by second class post.

 

The fact that this was served properly suggests that they are very serious about this. The option of ignoring this one is simply not there - you have to apply to get this set aside. (The only exception to this is if you actually want them to make you bankrupt - if you have huge debts, no assets, and are on a low income. In this case, you need do nothing, but they won't go ahead and petition for your bankruptcy anyway because they would get nothing from it.)

 

To get a statutory demand set aside, you need to be able to satisfy one or more of a number of conditions -

 

Legal Issues Explained - Statutory Demand

 

The only possibility here is that you dispute the entire amount of the alleged debt. Even if unlawful charges have been added to excess, there is no hope that this will be enough to get the remainder of the debt below the £750 level.

 

Well done for sending off that CCA request. I see you sent it recorded delivery. As soon as you can, check to see that it was delivered and signed for.

 

If they cannot come up with anything, then they will at least be in default of this request before the date of any set aside hearing.

 

The default notice which you received on the 13th October - can you scan it and let us see if it is valid? Make sure you black out any personal information.

 

If the alleged debt has been sold to an outside agency, you should have received a Notice of Assignment. Has this not happened?

 

The court forms you need are 6.4 (application) and 6.5 (affidavit). You can find them here -

 

Forms

 

This assumes you live in England or Wales. If you live in Scotland, tell us and we'll get one of the Scottish guys on to it as soon as we can.

 

SH

Edited November 29, 2008 by MARTIN3030

[leo3]

Will scan in the default document and the SD as I am unsure which date they will use for the deadline - the only date on the SD is 17th November but is was hand delivered on the 27th. Worried sick. Also have offered instalment payments of £50 per month previously which were declined cannot really afford more than that!

Do I send a CCA to Arrow Global. The only docs received from Arrow were the default notice and the termination notice, I have not received an assignment notice. Do I also ask for copies of statements etc from Arrow to check on charges. This is a total nightmare

[ScabHunter]

The fact that this SD was served properly when so many are not suggests that they are serious. If you own property or other substantial assets, then they will have every reason to follow through with a bankruptcy petition.

 

If you don't own substantial assets, then the case is much less clear. They will need to spend around £1,000 to make you bankrupt, and then they lose control of the debt. They could have issued a county court claim with less expense, and, if judgment was granted, they would have had a tight control on the debt.

 

Statutory demands are a very effective scare tactic, so there is still a chance that they are not intending to go for bankruptcy anyway. They are like what the snooker people call a "shot to nothing". They can fire it off to scare people, and if it doesn't work, they can just move on to the next tactic. The only risk is that people will apply for a set aside and be awarded costs.

 

The date on the form is an anomaly and this point should be raised in court. To be on the safe side - belt and braces approach - get your application for the set aside in early. You can still do it after the 18 days, but then you have to pay for it.

 

I would not worry yet about asking for statements to check charges. You cannot demand this information under the Civil Procedure Rules, because they don't apply to insolvency cases. Sending off a Subject Access Request would not help here, as they have 40 days to comply with it.

 

In any case, disputing a part of the debt will not help in this case, as the part dispute would not take the balance below the £750 bankruptcy threshold, and would therefore not be a reason to apply for a set aside.

 

Keep the letters offering the £50 per month, and the replies refusing it. These letters show that you have been reasonable and they have not.

 

The bottom line is that you need to dispute the full amount of the alleged debt. By the time of any hearing, they will be in default of your CCA request, and the entire account will be in dispute.

 

The fact that you have had no Notice of Assignment is also interesting. On what authority are Arrow Global attempting to collect on MBNA's alleged debt? Without a proper Notice of Assignment, how do you know they are not just making the whole thing up?

 

Hopefully the default notice will be flawed, and you will be able to add that into the mix as well.

 

As for sending a CCA to Arrow Global, there shouldn't be any need, as you have CCA'd Marlin. It wouldn't hurt, though, and it might stop them trying to play games by claiming that the request was sent to the wrong place. If you are going to do this, do it immediately.

 

SH

[leo3]

I have joint ownership of a house which has a large mortgage, a secured loan and a further charge (from Northern Rock!) so there is little equity in the property. Since my husband left me 18 months ago (not contributing and not contactable) I have struggled to pay everything but was starting to feel more on to of things, just to get hit with the SD.

By going for set aside will I still be at risk of bankruptcy, would it be any good to reiterate that I cannot afford more than £50. I am working in full time employment but have to cover a load of debts each month

[ScabHunter]

This is a somewhat strange situation, because it seems as though they have little to gain by trying to make you bankrupt, yet they have served the SD in person.

 

Unless you WANT to be made bankrupt, and in the situation you are in I could see a case for wanting that, then I strongly advise you to apply for a set aside. There is no fee to pay to apply for this, and you would have every chance of being awarded costs.

 

You ask whether you will be at risk of bankruptcy if you apply for the set aside. Only if it is refused. Of course, even if it isn't refused, they can always come back and try again. That is one of the reasons you should always apply for your costs.

 

One thing is for certain - if you DON'T apply for the set aside, then you are at far greater risk of being made bankrupt, as in this case you cannot even claim non-receipt of the SD. It was served in person.

 

If you have a serious debt problem involving multiple creditors, then you can get plenty of help and advice through this site in handling the overall situation. For now, just concentrate on getting this SD set aside.

 

SH

[leo3]

thanks SH good to know there is someone out there, been so alone with all this for so long. No I don't want to go bankrupt. I cannot understand why they have gone for SD although they are probably unaware of my financial situation and see me just as a house owner. I will complete the set aside documents this weekend and deliver them on Monday.

[leo3]

think I might be in more trouble - just re-read a document from Arrow which came with the default notice both dated 13th October in which they say the debt has now been assigned to Arrow Global. going to scan docs over

[ScabHunter]

think I might be in more trouble - just re-read a document from Arrow which came with the default notice both dated 13th October in which they say the debt has now been assigned to Arrow Global. going to scan docs over

 

That actually sounds like it might be LESS trouble, but I'll wait for the scans.

 

SH

[Josie8]

think I might be in more trouble - just re-read a document from Arrow which came with the default notice both dated 13th October in which they say the debt has now been assigned to Arrow Global. going to scan docs over

 

 

You can make application to the county court for a Time to Pay order under s.129 Consumer Credit Act & requesting that all enforcement action is halted while your application is determined.

 

Can you scan up the default notice that you received for us to see removing personal detail . Can you also confirm if the figures quoted in the nstatutory demand are correct as to the amount that was owing at the actual date the demand was issued?

[leo3]

The amount on the SD does match the figure quoted in all scanned documents. Thanks for support

[maroondevo52]

Hi, leo.

 

Images are to small, have you tried 'photobucket'

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Regards.

 

Scott.

[leo3]

Struggling to get scanned documents on to the site in a readable form never used photobucket and again had a few problems getting docs off my computer and onto photobucket.

[leo3]

Still attempting to scan documents in - at work will try again today. In the meantime received a letter from Marlin on Friday night stating

"We write with reference to the above debt and in particular your recent corresponene (CCA letter). We can advise we have requested a copy of your agreement however due to the fact that the above account was terminated on the 29th October 2008 we do not have to comply with your request under the Consumer Credit Act of 1974 and the time limit does not apply.

The full outstanding balance remains due: payment of £7096.10 must be received by us within 21 days from the date of the Statutory Demand failing which we may proceed with issuing a Bankruptcy Petition against you.

Please contact our offices immediately on 0871 250 1434 to discuss this matter."

 

I have downloaded the forms for the set aside hearing but I am unsure how to complete them but I will have a look through the forum today as I need to get it sorted today!

 

Why will they not accept that I have no money to pay the balance off. If they make me bankrupt as an unsecured creditor they will get nothing. Should I provide them with information about my financial situation and what do I do about the above letter. This is starting to make me ill!

[leo3]

Not sure whether I am posting correctly but will keep trying

[spamheed]

You are posting correctly, don't worry.

 

What they have said is incorrect, the debt is covered by the CCA and as such it is the terms of the agreement that they are using to enforce the debt, as such, they are fully liable for your request and the timescales that apply to it

[ScabHunter]

Hi leo3,

 

I got your PM yesterday, and I have looked again at this thread.

 

In the first place, as spamheed has said, that latest letter is blatantly dishonest. They ARE obliged to comply with the CCA request, and they know it. This is BLUFF, presumably because they know they don't have the document they need, and are screwed without it.

 

I cannot sadly read the documents which you have posted to the thread. I've tried to magnify them in Paint.NET, and enlargement just makes them blurred. I can help you to get them uploaded to Photobucket, or we can find another option for you.

 

Reading through your thread, one thing I continually notice is that your mental state is magnifying this problem, and making it appear worse than it really is. You say "Nightmare", "I am worried sick", "Worried sick", and "This is a total nightmare". All that has happened in reality is that you have been served with a statutory demand for an alleged debt which is apparently backed up with no paperwork.

 

Also, look at post #13. You say "think I might be in more trouble". What has happened in reality? You have discovered a fake notice of assignment in the same envelope as a default notice. What does this really mean? It means in the first place that the required notice of assignment from the original creditor was never issued, and it also calls into question whether the required time to remedy the breach was given before the alleged account was terminated and assigned to Arrow Global. And yet you think that puts you in MORE trouble???

 

I hate to say this, but, STOP BEING YOUR OWN WORST ENEMY.

 

You said on 29th November that you were going to complete the set aside documents that weekend, and deliver them the following Monday (December 1st). Did you do that? If not, why not?

 

If you need help filling in the documents, there are plenty of people here who can help you. But you need to help yourself as well. The enemy has provided no paperwork to substantiate this alleged debt. Now, they have sent you a letter full of dishonest rubbish to try and cover up for their failings. They are playing right into your hands, and the only one who can stuff this situation up for you is YOU.

 

I sense that you are in a mental state where everything is starting to get on top of you, and you are struggling to cope with this. We have all been there. You have openly admitted to being worried, and worry is a thief of time. It leads to procrastination.

 

Once this happens, the time pressure upon you just seems to get even worse, and so you sink into a vicious circle of mental fear and inaction, each aggravating the other. That is why it is so vital to step away from this, take it one step at a time, and make sure that the immediate tasks which need attention actually get done.

 

In the first place, do whatever it takes to calm you down. Have a cup of tea, go for a brisk walk, listen to some of your favourite music, whatever will do the job. Get yourself in a mental state where you are going to focus in on one small part of your problems and overcome it.

 

There is nothing which can stop you filling in these set aside forms and delivering them. Go back to my post #7, read the information if you have not done so, and then get those forms downloaded. Work through them, and if you need any help, ask.

 

You will need to dispute the entire amount of the alleged debt. Do not wait for Wednesday's post. Assume that they will default on your CCA request. If they were not going to default, they would not have sent you the rubbish they sent yesterday.

 

Get 42man's Account In Dispute letter ready to send by recorded delivery to follow up your CCA request. Get that sent off as soon as the 12+2 days have elapsed.

 

You will be disputing the entire amount of the alleged debt due to the non-existence of any agreement which complies with the CCA 1974. You will also point out that the original creditor has not sent you a notice of assignment telling you of any alleged debt being assigned to Arrow Global.

 

If you can manage to scan up the default notice, we can look at that and see if that complies as well. If you are having trouble with Photobucket, there are other ways round the problem.

 

Make sure you get these set aside forms off as soon as you can. By law you have 18 days from the day of service, which was 27th November. You have time, but not much.

 

Help is always available here if you need it. Once this is out of the way, we can try to help you with the rest of your debt situation. But you need to start right now on what must be done today. Unless you put your foot on the first rung of the ladder, you will never have any hope of reaching the others.

 

SH

[FANTASY CHARGES]

any update ?