I have today received a letter from Marlin saying

We give you notive that on 18 July 2008 Pheonix Recoveries (UK) Limited S.a.r.l, acting in the name and on behalf of its Compartoment 'Potomac Recoveries' by an assigment acquired all rights, in, to and under your above account and become the creditor to whom you owe the current outstanding balance of £XXXX

Marlin Financial remains insructed to adminisiter your account and any legal action already taken against you will be continued in the name of the creditor. You should contact Marlin immediately so that we can agree payment terms with you.

It also goes on to say the usual drivel about the data protection act and not to ignore this letter.

I CCA'd Marlin in April, I think it was, but definately around that time (have all the copies) and never heard anything back. We have still been paying through our DMP, but just wanted the constant calls and threats of a CO so CCA'd them.

The question is, do I ignore this and see what happens, did think at first that they had found the CCA.

Help please, we are continuing to make affordable payments and will do so for the forseeable future

Send them this by recorded

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

These limits have expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

BLAH

we have been still paying, so they really have no reason to want to talk to us about arrangments. They havent rang or written once since getting the CCA request, although the company that pheonix was acting on behalf of last time was Tesserra or something like that, now its Potomac.

If I sent my CCA request on the 27 February, what is the date that I should put that its gone into dispute please. Is it the 12 working days from the date I sent the letter

Regards

12 working days + 2 for the post, so 17th March.

Thank you reallymadwoman. They have sent us another threatogram saying they may go for a charging order. They must accept the payments for 6 months and then rear their ugly head again, trying it on. Letters will be in post recorded on Monday

I have received the same letter from Marlin after having sent a request for the CCA back in May with nothing being received.

I assume I am correct in thinking that a credit card is subject to the CCA, but is a bank account also subject to it as well?

Billybig, I think they must just try it on every so often. An 0overdraft if I have understood rightly isnt subject to a CCA, but I did send them one. I havent had any contact from them since sending the CCA request, until I got letters last week saying that another potomac had taken it over. I am assuming for some reason they have just changed names from Pheonix to Potomac.

Marlin will back off if you push hard enough. Make sure you mark your letter 'Complaint' and do send it at least recorded - they are notorious for not receiving letters, court forms, .... In fact, the only thing of mine that they did admit to receiving (despite signing for all the correspondence) was the default judgement.

billybig, credit cards are indeed subject to the CCA, but overdrafts are a bit tricky. They are not subject to the same rules about prescribed terms etc, so a CCA request is probably a waste of time. However, if you do a SAR (to the original creditor) and ask for absolutely everything, there should be some reference to a letter you should have been sent detailing the terms of any overdraft. The rules about default notices and notices of assignment still apply though.

It annoys me that my payments have been sufficient for the last 6 months but again they just have decided to push. I full intend on keeping up my payments, but just want to be the one in control, if they dont provide the necessary documents. Eventually they may just make me fed up and I may just stop making the payments, then they will actually have a reason to send threatograms (although not a legal one, if no CCA)

I have often actually wished that one of these DCAs would take me to court, enforceable agreement or not. My credit file is already trashed so a CCJ wouldn't actually do much harm, but the benefit would be that if they wanted an increased payment they would have to go to court to get it, so hopefully no more threatograms or harassment.

I have just realised comparing letters they sent in February and the one received today, that despite making payments for 8 months, the balance is higher now that it was in February.

Any ideas on what should do

They should provide a full statement of account as well as a copy of the agreement, and this should show why the balance hasn't reduced.

Alternatively, you could write demanding to know why the balance has increased and stating that, as it appears payments made are not being credited to the account, you are suspending payment until the problem is resolved.

Do as Reallymadwoman suggests, and add an invoice to the letter asking for £50 for legal and secretarial services, stating if the invoice is not paid in 14 days immediate legal proceedings will take place.... fight them with their own twisted logic. Your balance should have gone down if you are paying regularly, they are CHOOSING not to register it.

No popint in lookingfor any logic from Marlin since they add costs arbitrarily and seem to think a CCA request is an optional duty for them. They rarely show one and so I would be reluctant to continue payments that are not being countwd against your purported debt in the absence of their cooperation

I have received another letter from Marlin

Basically saying that they cant obtain the CCA and they hope this isnt an inconvenience to me!!!

Also point out the High Court Judgement that means there is no penalty for them being unable to supply the CCA. The tell me that I am still liable and they can take any enforcement action. They go on to ask me to make some payment proposals.

We have been paying them all along via a DMP, although our balance has gone up. I only CCA'd them cos they were threatening a CO.

I intend on continuing the payments but wonder what to do now.

Thanks

MY view is that since they cannot supply a CCA you maybe best to just stop paying them, they are indefault of your CCA and SAr requests and obviously the account is in dispute, they are not crediting your payments, and contrary to regs about acounts in dispute, they are adding charges.

Send one of the site letters (I,m sure someone will know which one and can post a link) and see what hapens. NO CCA- NO ENFORCEMENT

Good luck

Hello

Just having a quick read and thought I'd let you know that Marlin are trying the same trick with me. The "recent ruling" they are referring to is the Rankine case.

Search on here under Rankine and you'll find a really good response letter which someone has drawn up. I sent it today..

Marlin will argue that because you are on DMP, your account(s) have been terminated which they will tell you means that the alleged precedent set by Rankine will be upheld and hence the debt is enforceable at law.

The only people who could have terminated your agreement is the OC so you would have been told about it if this was the case. Marlin told me that proof of the termination of the agreement is that defaults have been registered on the accounts in question. I have put a quick thread on here just to see if anyone can shed any light on that point but I feel it to be a bluff.

I'll let you know how I get on in case it will help you

Hi

Had a letter from Mortimer Clarke today re our overdraft. They are threatening court action if we dont pay the outstanding balance by Thursday. We have been paying through a DMP, so please help and give me some advice on what to do.

Many thanks

As far as I can see they are acting to type, and blustering again. Just reply that since they have sent you no documentation that they can rely on to enforce your agreement, it is your intention to stop paying them until they can. even if it is an overdraft they have to provide a compliant agreement so that they can pursue you. Once again though I hope an expert from here can provide the template if there is one for this situation. I,m in court in November with Marlin, so will be able to let you have first hand accounts of what transpires.

I have checked the public records of the OFT on Marlin the do not have a CCL and they do require one if the debt is over £50.00 as defined in the said Act with regards to credit tokens

Thats interesting, are we sure they do not have one under Mortimer Clarke or Phoenix?. If they are collecting without a CCL, then they are committing a criminal not just a civil offence - It would be nice to see them hit with this!

I have checked the public records of the OFT on Marlin the do not have a CCL and they do require one if the debt is over £50.00 as defined in the said Act with regards to credit tokens

So what does that mean to the peeps that they are chasing in their usual threatening way

Thanks

As far as I can see they are acting to type, and blustering again. Just reply that since they have sent you no documentation that they can rely on to enforce your agreement, it is your intention to stop paying them until they can. even if it is an overdraft they have to provide a compliant agreement so that they can pursue you. Once again though I hope an expert from here can provide the template if there is one for this situation. I,m in court in November with Marlin, so will be able to let you have first hand accounts of what transpires.

I was wondering if I should S.A.R. them on this account or is it too late.

Good luck with your court case

(Thanks to Martin3030 for this)

This is current-and same address;

CCA Search :: CCA Search Results :: Licence Details

Application / Licence Details

Licence Number:0594095

Licence Status:Current

Current Applicant / Licensee:

Business NameCompany Registration Number Marlin Europe I Limited5948653

Categories:

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

Right To Canvass Off Trade Premises:No

Issued Date: 15-Dec-2006

Expiry Date: 14-Dec-2011

Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePosition David PageOFFICER Martin DunphyOFFICER Tariq KhanOFFICER

Nature of Business:

Debt Collection

Current Address(es):

Address TypeAddress Principal Place Of BusinessMarlin House, 16-22, Grafton Road, WORTHING, West Sussex, BN11 1QP, United Kingdom Registered OfficeThe Courtyard, Shoreham Road, Steyning, West Sussex, BN44 3TN

Historic Address(es):

Address TypeAddress Principal Place Of Business2 The Courtyard, Shoreham Road, Steyning, West Sussex, BN44 3BJ Registered Office2 The Courtyard, Shoreham Road, Steyning, West Sussex, BN44 3BJ