Hi,

I have been paying off an old debt to original creditor at £10/month for the past 9yrs.

I recently got a letter from Nolans Solicitors telling me that Marlin have appointed them to request payment of the full amount which is over £9k,

a way load more than original debt.

I have noticed the original debt is no longer on my credit file

I have still kept paying the £10/month to the original debtor.

Can anyone advise what I should do?

It was taken out about 12yrs ago.

Thanks

Well first of all I would like to Marlin and tell them that you are already involved in a repayment agreement with the original creditor and you have no intention of altering your plans. Tell them not to bother you again unless they want to start the pre-action protocol.

Have you requested a copy of the CCA from the original creditor? A debt of this age you might easily find that it's not enforceable because of a lack of documentation.

Thank you for quick response,

No have not requested CCA as I was able to pay the £10/month and have been doing so even when the debt was removed from my credit report.

I dont have an address for Marlin only the solicitors acting on their request.

In fact next standing order due off on 28th Dec.

this is Scotland

pre action protocol does not apply

the debt has been sold to marlin [cabot group]

you should of had a notice of assignment

have you moved since taking this debt out?

your payments are being fwded by the original creditor [who is?]

and what type of credit

Nolans would have traced you from your credit file address

you are lucky they've not gone for a decree.

its never a good idea to blindly keep paying a debt to anyone for more than 5yrs.

as all you are doing is extending the statute barred date to infinity.

was this debt taken out whilst resident in Scotland too

a DCA is NOT A BAILIFF

and has

NO SUCH LEGAL POWERS

if you are blindly paying other debts like this

SENT whom you pay a CCA request.

the CCA request for this one can goto Nolans

Good advice from dx, send the CCA request.

and remember, they do NOT chase legit debts.

who was the original creditor

what type of credit

Sorry been having probs logging in - old age does not come alone!

Original debt was loan from Northern Rock and yes I have moved twice since I took it out.

so this was originally secured and is now unsecured as its been sold on

and ofcourse was on an old property not your current one.

was this taken out whilst resident in Scotland on a old Scottish property?

and how much are they chasing?

sorry for all the questions

but its needed

Yes was resident in Scotland when it taken out, I dont remember if it was secured as it was in my name only not a joint loan. They saying it just over £9k.

ah £9k which is why they are being persistent then.

did you have an NR mortgage at the same time?

Yes I did

good

you would have had an additional secured loan with that mortgage

that's the loan that is now unsecured and subject to the chasing.

why was this not paid off when you sold the house?

it should have been.

did you get repo'd?

Just trying to check if morgage was with NR, ex dealt with all that. No house was sold so thats why I beginning to think I may be wrong

Sorry my morgage was with Yorkshire

it might pay you to send NR an sar and get all the paperwork.

the bottom line is why would NR sell this on for

they could have crushed you in court themselves.

there must be a reason

I would suggest it like many of these secured loans attached to a running mortgage

they and the mortgage were littered with reclaimable penalty charges and all manner of compulsory insurances they made you take out.

all of which are reclaimable.

dx

so no NR mortgage

this get even more troubling..

Hi. so I should send CCA request to nolans even though they are saying they may take me to court and Marlin are their clients, also do I stop the £10 I have been paying?

CCA marlins

Sar nr

Keep paying for now

Come back here ,in 12+2 working days

Thanks, do I not reply to nolans then?

They'll soon find out!!

I havent got account number or anything should I put on CCA the reference number used by Nolans and refer to them in my CCA?

Staple a copy of the Nolan's letter to the CCA

Thx dx, not able to talk about with this with anyone so having your help from here is great:-)

Maybe the SAR will show mis sold Personal protection insurance ( PPI ) which you can claim back.

I wont know anything until I see paperwork, or least let all you look at it

That is correct Allana, when you receive and read through the subject access request, post information on here and you will have all the help and support you need and find out whether or not you have a PPI claim.