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mestaoptik

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  1. I sent the first letter within the prescribed timescale, however they say they didn't receive any communication from me, conveniently. The second letter was sent recorded delivery to make sure it was received. Unless I can use the presumed method of delivery been received 2 days from posting on the first letter I cannot prove I sent it. It just seems funny that they choose to ignore the first one and respond to the second one because it was out of the timescale. I'm sure if I'd sent a cheque in the first letter they would've received that!
  2. The NtO was not ignored, I made the decision to respond by letter and not completion of their form.
  3. Received FORM TE3 today. Not sure where to go with this?? Just absolutely sick of the one-sided way these things get dealt with. Didn't know whether it was worth attending court or asking for the court to be moved more local to me. I have sent letters to the council who issued the PCN, although not using any of their forms to do so (thinking that I would bind myself into contract with them by doing so). They have sent me NtO and also a letter noting my correspondence with them informing me that it was too late in proceedings to action against the issue of the PCN. Now I have the TE3 and TE9 forms, again looking for me to fill out the four cornered boxes with my response. As I have already sent two letters in response to the original PCN (the first one was apparently not received by the council) could this be used as part of my defence in court? We're talking about a period of three minutes before the parking space became free to park when the PCN was issued! I made an offer of £0.10 to resolve the matter (payment for the 5 mins remaining until free parking including the mandatory 2 mins viewing period). I have asked questions in my letters to the council which they have not answered; Clarification of the Notice to Owner, Clarification on whether the £75 is a fine. I have sent a third letter asking for clarification on specifics relating to the PCN as mentioned aboved. They said in their letter to me that the NtO was a legal document and so I have asked what lawful obligation I have in relation to it. No reply yet. All help and advice appreciated. Thanks, M.O.
  4. Should I send another notice of field visit licence revoke? It was specified in my original letter sent to them and I am sending another letter to them on Monday morning, is it worth including a seperate notice of licence revoke? Thanks, M.O.
  5. Thanks for the advice Scarlet. I'm in the process of sending them a letter informing them that the account is in dispute. They failed to send a true copy of the CCA within the prescribed timescale (12+2 Days). I have not recieved a copy of their complaints procedure although I have requested it in the letter I am sending them, it was also requested in the first letter I sent them. I wasn't sure what constituted unlawful harassment and was thinking that the frequency of their correspondence may have been considered to be unlawful harassment as I have kept in correspondence with Marlin on this matter all the way. Thanks, M.O.
  6. Hi all, I've had numerous letters for demand of an alleged debt from Marlin. Dates are as follows: 5th May 2009 Demand - Reply sent 10th May 2009 with request for CCA, notice of licence revoke for field visit. 12th May 2009 Reminder 21st May 2009 Reminder 27th May 2009 Acknowledgement of my letter dated 10th May 2009 but no CCA sent due to Marlin not holding all the information of the alleged account on file. 29th June 2009 Final Demand 6th July They call me. I asked them not to telephone me or use my number in accordance with my letter sent to them on 10th May. (telephone number was logged by their computer system from me telephoning them, told it could not be removed. Since changed my number) 7th July Letter with alleged CCA 8th July Field Agent Visit Do I have a case for harassment here and if so what are the first steps to take. I believe I should demand a copy of their complaints procedure. Any information regarding this would be most useful. Thanks, M.O
  7. Should the letter be signed by me? I know it may sound like a bit of a daft qusetion but I have read on here and other places not to sign certain letters. It's ready for posting once I get the confirmation on whether to sign it. Thanks, M.O.
  8. It may help if I show you the letter I sent to them. XXXXXXXXXXX c/o XXXXXXXXXXX XXXXXXXXXXX XXXXXXXXXXX 10 MAY 2009 MARLIN FINANCIAL SERVICES LTD MARLIN HOUSE WEST SUSSEX BN11 1QP Dear Sir / Madam I refer to your contact dated the 5 May 2009 with reference XXXXX in which you allege there is an outstanding balance of £342.27 owed by me to your client ARROW GLOBAL LLC. I do not acknowledge any such debt either to your company or to ARROW GLOBAL LLC. I ask that you no longer process my data and that you cease all further communications as is my right under Section 10, subsection (1) of the Data Protection Act 1998. You have 21 days from receipt of this letter to state that you comply or intend to comply with my request. Should you not comply or intend to comply, you are to state your reasons as to why. Please be aware that I will regard any further approaches other than in writing as harassment under S40 of the Administration of Justice Act 1970, and any inappropriate written contact as harassment under that Act or S1 of the Malicious Communications Act 1988. Should it be your intention to pass the “debt / account” to your Litigation Department to take enforcement action resulting in a County Court Order being made against me, and to enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account. b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with CAPITAL ONE. d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 3. Any other documents you seek to rely on in court. 4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006. 5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. Furthermore, should it be your intention to arrange a “field collectors visit”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Failure to comply with any of the requests in this letter will result in further action being taken by me. This may include and may not solely be restricted to a complaint being made to The Office of Fair Trading and the Credit Services Association with regard to your professional conduct. Please note that you will receive no further correspondence from me on this matter. The only communication I would now expect to receive from you would be confirmation that the matter is now closed. Yours faithfully,
  9. Thanks, M.O. MODERATOR'S NOTE: I have edited the images in this post. Your signature was clearly visible. Please mask the signature before re-posting. Regards, Rooster-UK.
  10. I'll scan the copy and post it back here asap. Thanks.
  11. Hi all, I would like some advice please on continuing my dispute with Marlin. They have sent me letters for £324.27. This is an alleged debt from CapitalOne from 2005. It has been passed from OC to Arrow Global then Marlin. I sent them a letter constructed from templates which included my request for CCA. The original request from me was dated 10th May 2009 and was posted recorded 13th May 2009 (have PO receipt), I received a reply dated 27th May 2009 stating they did not hold all the information regarding my account and had applied to Global for a copy of my CCA. They also asked for a fee of £10.00 for the request of personal data. I have had two telephone conversations with them and on both occasions have stated I do not acknowledge any debt with them, and always concluded the end of the phone call with the same statement. They have finally sent me a photocopy of my CCA, signed on the 16th April 2005 (two signatures on agreement, one of is in box with 'Authorised signature of CapitalOne' - I could scan this document but as it has already been scanned, I doubt the quality of the picture). This was received today 8th July 2009. I have been reading and I am unsure what steps to take next. My feeling is to send a further letter asking them to show me the Notice of Assignment(s) regarding this account. I thought it may be worth mentioning that the CCA is addressed to me not in block capitals, just first letters of name in upper-case. I can also post the letter I sent them on here if needed. Any help and advice is greatly appreciated, M.O
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