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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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is my card statute barred - SCotland


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Hi all

 

 

Need a bit of advice please and I'll try and be as brief as possible.

 

 

Had an issue for the last 5 years almost with a M&S card

 

I have CCA them and they cannot show me a legal agreement despite many threats of court action and several DCA chasing me.

 

A weird thing happened about 18 month ago when it disappeared from my credit file for about 3 month

and then re-appeared under the DCA Merlin who were the ones chasing at this point.

 

I would now like this permanently removed from my Credit File but it now looks like its only existed for 18 months so what should I do

 

1. Write to Marlin and ask them to explain why this debt looks like its only 18 month old when I have several letters going back years or

 

2. Sent the SB letter to M&S ? (also can somebody link me to the SB letter please.)

 

As always any advice very very gratefully received

 

 

S

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tell us the history first please

 

when did you last make a payment

has this a defaulted date?

is this the same as when it was shown under M&S?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX

 

Ok sorry so last payment was around May/June 2009

- it was defaulted by them Sept 2009 (I have their letter telling me the account is now in default)

and yes its the same account number as it was under M&S as it is now under Marlin

 

Does that help ?

 

Regards

 

S

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is the original default date the same as under marlin

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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now that Im not sure of -

they haven't mentioned that

- all they did was state they were action on behalf of M&S

 

I asked them to provide a CCA as per all DCAs before they couldn't

and could only let me see an incomplete application form,

 

Should I write to Marlin and say my view is this account is statue barred and see what they say ?

 

 

s

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ok so from the original entry default by M&S you can claim its extinguished in Scotland

 

forget the marlin one, that after they wish to argue

will be passed by anyhow.

 

so if the original M&S default date in the summary line is now +5yrs old

 

send them [marlin] the Scottish sb letter from the green top library tab

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When did you enter into the agreement with M&S and was it a store card which was then upgrated to a credit card ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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