Hi I need some advice from you experts out there. Apologies as this is going to be a super long post!

Yesterday I checked my equifax profile and noticed two "outstanding debt" credit searches dated 1st Sept & 3rd Sept 2008 made by a company called Marlin Financial Services.

Now I would like to try and get these entries removed if possible as they will impact on any future lending for the next 6 years.

I ve not had any letters etc from Marlin and simply dont know why the entry is there. I ve been doing some research on who they usually tend to act for and have since recalled some problems I had with a voluntary termination of a vehicle going back a few years with a finance company called online finance, and I strongly suspect this may be somehow connected with that.

Once upon a time ..........On 7th Dec 2001, I purchased a car on finance through a car supermarket company, the finance was arranged with Online Finance.

Around March 2002 I was experiencing difficulties with the repayments and missed a couple of payments. From around mid may 2002. I started getting payment demand letters from the finance company.

I wondered if I could maybe trade the car in for something smaller / cheaper and visited various dealers, several commented that my existing agreement seemed excessive given the age and true value of the car.

I spoke to trading standards who suggested that I could request a voluntary termination based on the fact that the car had been overpriced and that the value did not reflect the age and condition of the car.

Well i attempted to arrange a return based on that info and whilst looking through my paperwork also noted that my copy of the CCA didnt have a signature in the box for the witness from the dealership to sign. I also tried to suggest that the CCA wasnt valid based on that {have no idea where that line of thinking came from:) ......}

Anyway emails and letters went back and forth and Online finance did at the time {July 2002} supply me with a copy of the CCA this time showing the dealers signature.

Anyhow I was still arguing my points via letter early Aug 02, I had stopped making payments as I wanted them to come and reclaim the vehicle still based on the reasons above.

On 6th Aug 02 I had a letter from Online Finance advising that my recent letter had been received and being looked into etc and to simply wait and hear. On 12th Aug 02 I had a letter saying that due to the non payment that Online finance had terminated my agreement and that I must return the vehicle, not fully understanding, I assumed that they had finally agreed to take it back as per my letters / complaint !! Well the vehicle was collected on 16th Aug 2002 and taken away.

My credit file was issued with a default notice on 19th Aug 2002, which dropped off 19th Aug 2008 and is no longer showing on my credit file. Whilst the default was on my file it showed as settled, although my last payment was Feb 02.

About 10 months after the vehicle went back, I had a letter saying that the car had been sold for a pittance at auction and was issued a bill which added up to £16304 !! Bearing in mind the purchase price was only £8995.

Around that time I was suffering ill health and struggling to keep my job, due to non sick pay some months.

I simply wasnt getting much of an income so I ignored the demands, I had a few more and I remember contacting national debtline and they advised me to explain my circumstances and ask for the debt to be written off, I was also dealing with other DCAs at the same time so cannot be 100% sure whether I ever did contact the original credit or any DCAs in writing regarding the debt.

I ve had the odd letter here and there from a couple of DCAs - probably 1-2 letters a year but am fairly certain I never actually acknowledged them, although cant be 100% sure.

Im confused as to why Marlin have accessed my account AFTER the online finance default had dropped off and not before, Im also confused why they did two searches just days apart and why they have also searched for me, using my parents linked address, where I havent lived for some time. Yet despite doing these searches, at the moment, they havent made contact????????????????????????????

I would like to get these searches removed - based on what I ve explained do you think im likely to be successful or could I be opening a whole can of worms??

If i proceed as far as I can gather I need to do the following:-

* SAR - online finance

* CCA - Marlin

* Raise dispute with equifax re the search - not giving my permission etc - should I do this now or after any responses re the SAR / CCA or if the deadlines pass without acknowledgement??

If there is anything else you "experts" can think of that I should or shouldnt be doing, please post.

Thanks x

Just realised something else, a few weeks back my mom had a phone call on her landline. When I googled the number it came up with a website for Marlin {just been on it again}, now my parents landline number is exdirectory and was been changed in 2003. We never ever give this number out, so how on earth have they traced that number?????? bearing in mind I dont live at my parents and havent for a few years, all accessible via electoral roll. Feel spooked lol

Wait until someone officially contacts you. Otherwise you are acknowledging the debt for what could be just a fishing trip on the DCA's side. After all, many people monitor their credit file these days, so it might be in the DCAs interest to stir up thing like this.

If they are going to make a move, you will hear from them soon enough.

Cheers Emmaf01 - my prob is I need to be able to get credit as I need to move house healthwise and will need a mortgage to do this. The searches are recently dated and will remain their for 6 years so I need to try and do something.

Yes, but if they contact you, it builds up a case for statute barred. You can just contact them saying it's been over six years. As it is, you don't even know if this is for a alleged debt you accrued or something completely different?

Wait until you have more information. Do you have a house lined up already? Is the mortgage going to be applied for within the next couple of weeks?

Cheers x

I havent seen anything as yet, as i have another unrelated default which drops off early next year and had hoped to start ball moving to coinicide around that time.

My prob is my health and mobility hence the need to move, I really needed to move about 18mnths ago but couldnt because of my past money probs etc and just recently i was declined for a current account.

I just cant handle another 6 years where i am - i need to be able to move and i want to just start again with a clear record and rebuild things from there yet my past is preventing it yet again xx

**BUMP** would still appreciate some other peoples advice / thoughts etc , Thanks xx

**bump**

The searches will have no effect on any decisions for your future credit - only things like ccj's/defaults/late payments do.

DCA's are on fishing trips all the time & it sounds like Marlin are well & truely down by the canal here.

Like Emmaf01 says..do nothing until you get any letters off them & then,if so report back here

Thanks Mr.ton for your reply and advice.

On the Equifax website it states the following in relation to the type of search that these DCAs have performed. Now the way I interpret it is that this type of search will impact on future credit decisions??

That said, I ve been looking into this all day and I may be convincing myself thats what its means lol

Just to confirm these are "outstanding debt" searches, listed in the "credit searches" section on my credit file.

Here goes:-

What is an Outstanding Debt search?

Under the Data Protection Act, a credit reference agency must retain a record of any organisations who have viewed your credit file.

An Outstanding Debt search indicates that an organisation has undertaken a search in an attempt to reconnect with a customer who has gone away leaving an unpaid debt.

Depending on the degree of confidence that the search relates to the customer being traced, it will be displayed in either the Credit Searches or Other Searches section of your credit file.

An Outstanding Debt search appearing in the Credit Searches section of your credit file will be visible to any lenders who subsequently view your credit file, and will generally be considered negatively. However, an Outstanding Debt search appearing in the Other Searches section of your credit file will only be visible to yourself, and will not be visible to any lenders who subsequently access your credit file.

Outstanding Debt searches will remain on your credit file for 6 years from their recorded date

If you are going to get refused for something in the future..you will do so anyway regardless of how good/bad your credit file is or how many searches are on your file.

CRA's do not give yes or no answers to someone getting credit,they just show someone's past financial information.

Its all down to the individual company giving you the credit.

Thanks again, ok, not trying to be difficult or appear thick but I just cant get my head around this.

I thought lenders referred to credit file data when making lending decisions. So if you have a poor credit file or lots of recent or detrimental searches then this would have a great impact on whether or not you would be offered credit???

In the accounts section of my credit file it lists all accounts I have along with details of how I have conducted these accounts etc. Also in the same section there are a couple of defaults {nothing to do with this query / dca} These defaults expire Jan 09 at the latest, so tech speaking my credit file should be clear then, and id be more likely to be accepted for credit.

Now in the credit searches section which is viewable to lenders, this DCA has recently performed two credit searches giving the reason as an outstanding debts, according to what I put on my last post from the equifax website, these searches will remain on my file for a further six years from date of entry {Sept 08} and lenders will have access to this info and will view applications negatively. This means that when the other defaults drop off in Jan 09 that I still wont be able to get credit because of these negative entries.

As i ve not even been contacted by the DCA, I cant understand why they are able to make these negative searches which will impact on me, but yet there is nothing I can do to dispute the entries and try to get them removed???

Im just sooooooooo confused now x

** Bump** Still Need Advice /help Pls **

I checked my equifax file and saw that a company called Marlin placed a credit search on my file on 1st AND 3rd Sept 2008 giving the reason - "outstanding debt". They also on 3rd Sept 2008 performed and unrecorded address enquiry against my parents house where I have not lived for some time.

I have not received any correspondence from Marlin either prior to or since early Sept. I am on the electoral roll so am not hard to find. I dont know why the search was made and would like to get it removed - as this is a credit recorded enquiry, this will impact on future lending and will remain on my file for 6 years from date of entry - confirmed by equifax.

I ve done some research on Marlin and they appear to deal with a lot of debts relating to car finance etc.

One company in particular some years back I did a voluntary termination and returned the car as I couldnt meet the repayments and was unhappy with the mechanical condition of the car considering the age and price paid for it. After several months of letters to and forth with the finance company eventually they terminated my agreement and collected the car. I thought that was the end of it.

About 9 months after the car had been returned I had a letter from finance company, stating I owed thousands as the car had not sold for very much at auction.

I ignored it as was quite unwell at the time and since then I ve had the odd letter from a DCA but am fairly certain that I havent acknowledged them, but CANNOT BE 100% CERTAIN, as I do recall contacting National Debtline for advice when I had to give up my job through ill health and had other creditors harrassing me, and they advised me to write and explain my circumstances etc and request that the debts were written off, I have a strong feeling I never ever did this for the car, mainly because their chasing letters were very few and far between.

Anyway the finance co issued me with a default in Aug 2002 {which I only discovered a couple of years back} and this has recently dropped off my credit file. The default was marked as settled around the time the car would have been returned to them, so can only presume that they may have sold this debt onto Marlin or other DCAs???

Im trying to rebuild my credit file and this is obviously these new searches are detrimental.

I need to contact Marlin to try to get this entry removed if I can but am frightened of legally "ackowledging" a debt to them, how should I go about it.

I also dont understand why Marlin has recorded this search yet not contacted me, nor how they can record a debt after the original default from the OC has dropped off??

Confused I am , but was hoping to be able to apply for mortgages soon {need to move re poor health & mobility} and really want/need these entries removed.

Please help

Thanks xx

hi masjntt and welcome

this is a common problem with these micky mouse car finance companies.

was it welcome finance

yes car credit

if it is, you are in good hands

been there, done that, got the t shirt

first thing please confirm when you made the last payment into the account or contacted them by letter

its prob statute barred, so default easy to remove and you will owe them nothing

who was the finance company and do you still have the agreement

Hi postggj - thanks for yourquick reply

The finance company was Online Finance. The last payment they had was Feb 2002 but not sure if the return of the car was classed as a payment if so then the car was collected 16/08/02 and the default showed as settled on my file from 19/08/02.

The default from the finance co has dropped off Aug this year but its the Marlin DCA who has registered the credit searches in Sept 2008.

Payment wise the debt is statute barred but I just cannot be 100% certain I ve not acknowledged the debt in writing.

I still have my copy of the finance agreement

Cheers x

ill post a template for you to send marlin ref statute barred

put a foot note at the bottom telling them to remove the search as they have no legal authority.

this should be the last time you hear from them, you have no debt, period

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

Mr A N Other

Thanks for that - I dont have an account or ref number so shall I just put something to this effect there instead?

"re Outsanding Debt Credit Searches Made 01/09/08 & 03/09/08 via Equifax"

If these guys come back with proof that I have written to them what should I do then??,

If I dont hear back and they dont remove the search what do I do??

Sorry for the zillon questions x

Thanks x

i can tel you that ime 99.9 % sure they wont.

dca have only limited intel on you

its obviouse they have purchessed the debt, thats what they do, they pay peanuts knowing its statute barred hoping to con you into paying.

i would give it a few weeks until there threatogram arrives, then send the above letter.

if they phone, dont answer there security questions and say, every thing in writing.

its for your protection

like i said

ime 99.9 % sure, its in the bag

ok so for time being i do nothing unless they contact me then??

ime pretty sure these type of searches only stay on your credit file for 12 months only

yes, for the time being

file under ignore

Ok - I know that this search remains for 6 years and can be viewed by lenders as I have checked and confirmed this with Equifax.

As the searches were made early sept i would have thought that they would have made contact by now. I just want to know why they made the search and get it removed.

Thanks for ur advice/help xx

What is an Outstanding Debt search?

Under the Data Protection Act, a credit reference agency must retain a record of any organisations who have viewed your credit file.

An Outstanding Debt search indicates that an organisation has undertaken a search in an attempt to reconnect with a customer who has gone away leaving an unpaid debt.

Depending on the degree of confidence that the search relates to the customer being traced, it will be displayed in either the Credit Searches or Other Searches section of your credit file.

An Outstanding Debt search appearing in the Credit Searches section of your credit file will be visible to any lenders who subsequently view your credit file, and will generally be considered negatively. However, an Outstanding Debt search appearing in the Other Searches section of your credit file will only be visible to yourself, and will not be visible to any lenders who subsequently access your credit file.

Outstanding Debt searches will remain on your credit file for 6 years from their recorded date

Is there really nothing i can do with regards to trying to remove this search or at least find out what the search relates too, its going to affect me for next 6 years and i wanted to try for a mortgage soon so would rather try sorting it now.

Any other thoughts on this?? x

hi masjntt

dont panic over this

its obviouse that its statute barred and they have to remove the search

i think its under the 4 principle of the data protection act

like i said, wait a few weeks for them to send a threatogram, then respond with the template, and enclose a note to remove the search as they have no legal authority to do it.

it seems you are a new cagger,

a lot of us have delt with dca ref personel accounts and now know how to deal with them.

they flout the law, mislead, and intimadate.

thats why we allways say every thing in writing.

please dont phone them , they cant deceive you in a letter