will get the info together and come back by end of week , thanks Dx much appreciated

.. company was Marlin capital europe ltd

Marlin bought the debt from northern rock

thanks Martin , DX100 debt was an old northern rock unsecured loan ,

I agreed payment with them a couple of years ago then stopped paying last year around July

when my circumstances changed ,

didnt hear anything from them until a week or so ago ,

letter dated 30th March recieved 8 days later

! giving 14 days to contact them

Hi , Can these people request an income and expenditure form be completed even though an offer of payment has been made ? or is it only the court that can legally request one ?

Ive got their account details if you want to make payments that you can afford to them , I suggest just what you owe them plus one months interest

none of them will reply to any messages you send , seems like they are obstructing people from attempting to come to an arrangement , Givre trading standards a call ;-)

Original loan plus one months interest , offer them just that and none of the charges they have added , pay them in installements unless you can pay the whole lot off in one go .usually the one months interest will be what the rollover fee is

I have been over the interest they are claiming 4 times and I still get the same answer for it between the two dates they have said on the POC . perhaps someone else could check it and confirm ?

Andy I have just took another look at the T and C,s that pestons have supplied , there is a front page that appears to have a date on of Feb 2001 on this one and only page supplied there is a section called "Charges for services " it goes on to say we will charge you £20 for an unpaid credit or direct debit , a collection admin fee of £20 when the account is one or more payments overdue ,

£20 if your account is over limit and £25 if they have to serve a default notice .they also supplied a set of terms which appear to be from october 2008 which has no menntion of "Charges for services " just a section called "charges " and they dont mention any values like in the old terms from feb 2001

as the card was taken out in Nov 2000 both sets of terms thay have supplied are not the ones at the time of application .

This is turning into a can of worms

Jfk

hi andy , when I did a SAR , I pretty much got a whole ream full of papers from them which had statements ,late payments and overlimit fees on them , I claimed all these back already as you can see at the beginning of this post on the POC that pestons sent to the court .

the card was taken out in 2000 and the T and Cs supplied were 2006 , it wouls be interesting to know if they have issued T and Cs after 2006 ... does anyone have a copy ?

Jfk

Thanks Andy , Yes exactly how do I know that the terms and conditions at the time I applied were not different from the current ones , also shoud they not send you new terms at the point they issue new ones , I dont believe I have ever recieved any new terms and conditions from them

Jfk

Hi Again , I just looked at the interest they are proposing adding to the balance and it is not correct ,they are overcharging by nearly £200 , I have also found a letter from previous correspondence with pestons when Iasked them to supply original agreement and terms and conditions , they stated please find enclosed 1. executed credit agreement , 2.latest applicable terms and conditions 3.signed statement of account .

I have also sent the acknowledgement of service after reading other posts on here if I just pleaded that I dont agree with the charges then I would get a ccj anyway so I intend to defend so that I can at least say that the interest is wrong and that the original terms were not supplied and also that the document I signed was a priority application the copy of which they supplied is illegible , should they not after the priority application has been sent back to them supply you with a proper credit agreement to be signed and returned and titled credit card agreement ?

I am probably clutching at straws here but at least I get to put the above to the judge

thanks

Jfk

Is it right that they can supply the latest terms and conditions rather than the ones applicable at thetime of application ?

Hi Andy , The last letter I recieved from restons was on may 5th and was entitled first and final demand for enstalment arrears , paymet must reach them no later than 12th may 2011 , to avoid legal action or enforcement proceedings commencing for the entire balance , cheques must be sent within the next 2 days to allow for clearance . you must now bring your account upto date immediately , please make all future payments in accordance with your installment arrangement , no further warning will be given .

any future breach of this agreement will result in legal /enforcement action .

yours faithfully blah blah blah

perhaps I should ask them for a signed copy of the installment agreement ?

not actually sure that they have sent me a default letter as stated the letter above was the last one recieved .

Please advise what you think I should do next bearing in mind i have to submit to the court by monday 4pm

cheers

Jfk

hi , I sent this outfit an I and E form and it suggested I pay them something like £3 per month , they came back and said the minimum they could accept was £5 per month , I said ok to that and got their bank details so I can make a transfer into their account on payday until the total amount is paid off , I have never given them a bank statement and they have never asked for it .

Make them an offer and I am sure they will accept it , do not give them your account details , if you need their account number I can provide this

jfk

Hi Andy , cant see any reference to default or pre judgement interest with key financials . there is a section in the T and C s .. point 8 variations that states the following (we may at our discretion change any of the terms of this agreement , including interest rate(s)( and the apr ) ( either generally or on specific promotions )the repayment date , the statement date .default charges , fees and other charges or introduce new terms . where any change id to your benefit we will give you notice of at least 7 days written notice of the change .

I have just checked the date of the terms and conditions supplied and they are dated june 2006 , the card was taken out in november 2000

I need to respond to the court by tomorrow night latest as the 14 days plus 5 expires on monday the 18th

I cant find anything that says they can add the interest unless i am totally missing something , so perhaps the best thing to do is either contest the amount they are claiming or accept with more time required to pay

thanks

Jfk

hi again , i believe i owe the amount specified at default less the charges that i got back and the payments i have made since defaulting on the original amount before pestons got involved

hi andy , I cant see anything that states interest until judgement and to be honest the document is pretty illegible , where they state "charges " the line below it looks like it has had a different piece of paper overlayed over it as appendix 1 is not visible , i can just make out that it says " card or cheques and all interest , fees charges and costs refered to in this agreement and then it goes onto appendix ii) our costs of enforcing our rights or remedies under this agreement including tracing costs , collection agency costs and legal costs incurred .

thanks for the link caro , I will digest that , just had a quick look and it looks quite complicated on the surface but as I said I will digest . so on the court forms do i just complete the admission form for the total amount they claim or just the original amount that was outstanding ?

please advise if you are able to

thanks

Cheers Caro , the link doesnt work unless i am doing something wrong ? will go for the need more time option even tho it has added 2k to the balance ;-(

Anyone else have any comments about whether t and c dated after the card was taken out has any influence on this ?

hi , I havent recieved an email to that effect just a letter , am going to see what happens next as i had an email from cf1 stating that they have a new website to make a payment , a part payment or a payment arrangement , I emailed them to clarify that the payment arrangement was true but got no answer , so I called them anonymously and asked the same question , the reply igot was that they do not do payment plans , to me a payment plan is a payment arrangement !

Hi Citizen , the link you posted is invalid ?

Hi Caro , thanks for the reply much appreciated . I will be in a postion to start paying again at the end of this month , whilst I was making payments no interest was added but I cant seem to find anything to back that up , so as you say my chances look pretty slim . I will start making payments again this month after I have done a new I and E form .

one other quick question before I complete the court form saying I will need more time to pay and wont defend the claim is the card was taken out in november 2000 but the " priority application form " has terms and conditions with it dated feb 2001 , could this be relevant ?

thanks

Cheers DX ,Ive hit it before but didnt really get a response from anyone ;-(

Hi Silly girl , thanks for the information , I will photo copy the letter and send to the relevants you have told me about . For reference I have already told silvermans that the account is in dispute and that i have tried to come to an arrangement with CF1 on numerous occasions , I have also told them that I will only be paying the original loan plus 1 months interest .

Interesting fact I recieved an email from CF1 saying that they have a new website that you can quote " make a payment , make a part payment or make a payment arrangement "

I replied to the email asking them to clarify the point about making a payment arrangement , I got no reply . So i reng them without giving them my name and said I was making a general enquiry regarding an email that they sent , I asked if they accepted payment arrangements , the girl answered with we dont accept payment plans , is a payment plan the same as a payment arrangement ?

I told her that the email states you accept payment arrangements so is this correct , got the same answer we dont acccept payment plans

I am building up quite a dossier of information between CF1 and Silvermans

anyway so for now I assume you suggest that I ignore the threat of court

thanks