All the above is answered but I do have another question...

Do Morgan Solicitors do any work for Marlin. My debt is still currently with Marlin and had previously been with Cabot before being sold so did have some calls from Morgan Solicitors (ignored of course) but out of the blue Morgan have called today curious to whether they now work with or are part of Marlin also? Anyone know?

Hi All

Its been along time since I have been back and needed help from you wonderful guys but back I am

Basically like alot of you guys I had a credit card with egg that over the months and years has been passed for DCA to DCA, having CCA'd them along time ago with no response I have done nothing with it. Which wasnt a problem until now.

I have been offered a job, something I have wanted to do all my life, couldnt believe it when I got it was over the moon. But.... they do a full vetting and blindly thinking they would only do the normal employer credit check (which I am fine on) they contacted me today to say they had done a full one and need me to explain a default I have on there, the one from egg.

Thinking this was all over have stupidly mislaid all my paperwork, but from memory I CCA'd one of the first DCA's sometime ago with no response therefore I ignored the debt and correspondence from the other DCA's it kept being passed to.

My question is this, they have failed to produce the CCA before is it fair that now its been taken over by Marlin that they could leave a footprint on my CRA report.

From my report it follows like this:

Barclaycard closed the account Jan 2013 marked DA (Debt assigned) default date of Feb 2010 (showing now zero balance)

Marlin put default marker on June 2013 with the following on 2 CRA files

Call Credit

Opening Balance £xxxx

Current Balance £xxxx

Equifax

Opening Balance £0

Current balance (Closed 4 March 2010 (balance £xxxx))

If there is anyone out there who could help me as I have to explain to my potential new employers asap about this default. Would I have to go down the CCA route again with Marlin which I didnt want to do because of the time scales ie statute barred etc but if I have to I will.

Thanks in advance guys for any help you can give xxx

Just an update. Sent my complaint letter through to the council about these clowns and that the figure they were now demanding was a joke. Had the council contact me within 3 days via telephone to discuss the complaint. Finally got to speak with someone with some common sense who could understand what i could afford to pay. Anyhow the result is I can go back to paying the £50 a week to clear the debt which is what i had been doing until the bailiffs tried to play 'lets make some extra fee's card'. Not only that but I can pay the council direct so dont have to have any contact with Bristow and Sutor nor pay their stupid debit card handling fee's.

So a really big thank you to you guys here on CAG you truely are the best and to anyone having problems with bailiffs dont listen to the bull**** they sometimes give use the info you get here it really can help.

So I have replied to their email which I enclosed above and offered to increase my weekly payments to £65.00 per week which is all i can afford, also informing them I paid direct to the council last week and requesting information about the levy they applied to a vehicle I do not own. Here is their reply:

We write with reference to the above and further to your recent email.

 

Firstly we apologise for our error in sending correspondence to you on the 25/6/12 demanding payment of the balance, we can confirm that you were given until the 29/06/12 for contact regarding further offer of repayment.

 

We can confirm that the vehicle listed on the inventory has now been removed from the levy. All fees associated with the visits on the 30/03/12 and 20/06/12 have subsequently been credited.

 

Further to you comments relating to the payments made directly to the council we can confirm that we were instructed on the 25/06/12 of 2 payments of £50.00, paid to the council on the 22/06/12..

 

Your current outstanding balance is as follows: Ref: DUD-N xxxxx Bal: £1523.00 Ref: DUD-T xxxxx Bal: £496.15 Total Bal: £2019.15

 

Your further offer of repayment is still unacceptable, we are prepared to accept the following: £149.15 by the 05/07/12 followed by 11 weekly instalments of £170.00

 

 

As we previously informed you, payments made to the council directly will not prevent further action, unless we are informed otherwise by our client. Therefore we would again suggest that you pay directly to Bristow & Sutor.

 

Failure to comply with the above arrangement will result in the option to pay by instalments being cancelled and further recovery action will be taken against you. This may incur additional costs of which you will be liable to pay.

 

We trust that this clarifies the situation.

It was business rates on a public house and they required my home address. I dont deny the bill or the fact that I will pay (now that I can) what I object to is how Bristow and Sutor bully and screw people over, even when you pay regualr and dont miss any payments, just to make more money for themselves.

Morning all, Quite a weird thing happened, I have the letter I enclosed above ready to go out today recorded delivery. Was going to send it as an email then thought better of it (or so I thought). I must have sent the email without realising it as I have just recieved this email from Bristow & Sutor

Dear Madam,

 

 

RE: Outstanding debt recoverable under the Non Domestic Rating (Collection and Enforcement) (Local Lists) Regulations & outstanding Council Tax Arrears due to Dudley Metropolitan Borough Council

 

We write with reference to the above and further to your recent email.

 

Firstly we apologise if you feel that you have reason to complain, our intentions are not to cause upset. However as we explained in our previous email to you 20/06/12 the arrangement of £50.00 per week was temporary only, as you didn’t contact us once this had expired with a further offer of payment we had no choice but to cancel the expired arrangement and continue with recovery action.

 

We have attached statements of your accounts to enable you to view the charges that have been incurred.

 

We are unable to breakdown these charges any further and can confirm that they have been charged in accordance with schedule 5 of The council tax (administration & enforcement) regulations 1992 (as amended) and schedule 3 of The Non-Domestic Rating (Collection & Enforcement) (Local Lists) Regulations 1989. The bailiff information that you have requested is as follows:

 

Date & time attended: 02/02/2012 07:50 Bailiff name: Miss xxxx Court and date certificated: Worcester County Court 04/04/2011

 

Date & time attended: 06/02/2012 12:48 Bailiff name: Mr xxxxx Court and date certificated: Worcester County Court 22/02/2011

 

Date & time attended: 28/02/2012 07:54 Bailiff name: Missxxxx Court and date certificated: Worcester County Court 30/08/2011

 

Date & time attended: 09/03/2012 14:39 Bailiff name: Mrxxxx Court and date certificated: Worcester County Court 23/01/2012

 

Date & time attended: 30/03/2012 13:36 Bailiff name: Mr xxxxx Court and date certificated: Worcester County Court 04/04/2011

 

Date & time attended: 20/06/2012 11:20 Bailiff name: Mrxxxxx Court and date certificated: Worcester County Court 22/11/2010

 

Regarding your comments relating to the levied vehicle, we will now make enquires into the ownership of the vehicle. Should the third party claim be proven we will then be able to review the charges incurred for the levy.

 

Further to your comments we would suggest that you pay Bristow & Sutor directly as payments made to the council will not prevent further recovery action, unless we are otherwise instructed by our client.

 

With the above in mind we would also suggest that you make a further offer of repayment to our offices by the 29/06/12, as your current offer of £50.00 per week to clear the total balance of £2447.65 is not acceptable.

 

Failure to comply with the above may result in further recovery action being taken against you, this may incur additional costs of which you will be liable for.

 

We trust that this clarifies the situation.

 

Yours Faithfully,

 

Miss Nxxxx

 

Recovery Officer

 

Bristow & Sutor

I havent lodged the complaint with the council yet that was next on my list to do.

Thanks again for you help

(BTW regards the spacing issue im getting around it now by inserting manually the html break code, im on a normal desktop and never had this issue before, its weird. But least I can make it readable now.

Not quite sure what im doing wrong tbh will give it another go with an email I have just recieved.

Lol i dunno whats happening with the spacing, retyped it all but thanks you for coming back to me so quickly really appreciate it

Ok im going to send this to Bristow in response to their email do you think this is ok?

Thank you for your reply I gave up work due to stress and what this was doing to my health.

I do not claim benefits, I am being supported by my husband at the moment. I have not refused to pay and have for the past 12 weeks paid £50.00 per week to clear this debt. Detail listed below: (inserted here is 12 weekly payments with dates and their references).

I feel the tactics being used by your company are nothing less than bullying someone who has paid regualr payemtns for the last 12 week and would have continued to do so to clear the debt.

It would seem that a levy was mad on a vehicle on our proerty but that levy was done without making any enquiries and that in fact the vehicle is not registered to me and is in fact my husbands and furthermore is subject to finance.

I therefore request that all fees asocaited with this levy are immediatley removed.

I will today be lodging a formal complait with Dudley Council and will commence payments with them directly tomorrow, the same day of the week I had sent through to you the last 12 payments.

Please also find enclosed a letter that will be sent to you tomorrow recorded delivery. (inserted here is fee breakdown letter)

Any further dealings with your company will only be entered in to via written correspondance, copies of which will be forwarded onto Dudley Council. Yours xxxxxxxxxxxxxxx

meh failing on the layout trying to fix :S

Ok im going to send this to Bristow in response to their email do you think its ok?

Thank you for your reply I gave up work due to stress and what this was doing to my health. I do not claim benefits, I am being supported by my husband at the moment.

I have not refused to pay and have for the past 12 weeks paid £50.00 per week to clear this debt.

Details listed below:

Date Value Outstanding B&S ref

30/03/2012 50 1471653472 06/04/2012 50 1471661289 13/04/2012 50 1471666449 20/04/2012 50 1471674546 27/04/2012 50 1471679613 04/05/2012 50 1471688298 11/05/2012 50 1471694058 18/05/2012 50 1471699356 25/05/2012 50 1471708522 01/06/2012 50 1471713986 08/06/2012 50 1471720057 15/06/2012 50 1471724949

I feel the tactics being used by your company are nothing less than bullying someone who has paid regular payments for the last 12 weeks and would have continued to do so to clear the debt.

It would seem that a levy was made on a vehicle on our property but that levy was done without making any enquiries and that in fact, the vehicle is not mine and instead, is my partners and furthermore, is subject to finance.

I therefore request that all fees associated with this levy are immediately removed. I will today be lodging a formal complaint with Dudley Council and will commence payments with them directly tomorrow, the same day of the week I had sent through to you the last 12 payments.

Please find also enclosed a letter that will be sent to you recorded delivery tomorrow: Mrs Hxxxxxxxxxxxxx xxxxxxxxxx xxxxxxxxxxxxl xxxxxxxxxxxxx xxxxxxxxxx Bristow & Sutor Bartleet Road Washford Redditch B98 0FL 21st June 2012 Ref: XXXXXXXXX Dudley Council Ref: XXXXXXXX Dudley Council Ref: XXXXXXXX Dear Sir With reference to the above accounts, Can you please provide me with a breakdown of the charges.

This includes: a - the time & date of any Bailiff action that incurred a Fee. b - the reason for the fee. c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged. d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at. e - the date of the Certification.

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information. I require this information within 14 days.

Yours faithfully Mrs H xxxxxxx Any further dealings with your company will only be entered in to via written correspondence copies of which will be forwarded onto Dudley Council. Mrs Hxxxx xxxxxxxx

Wow you guys are brilliant, thanks for all the replies gonna get onto the council today.

Cant remeber now or not whether they did stick a siezure notice through my door (I havent opened the door to them so never spoke to them) but the only thing on the drive would be a car which is in my husbands name and on hire purchase so they cant touch that right?

Can they levy without you being here, sounds a dumb question I know but one i had to ask

Im not on benefits, I chose not to claim after the business. My husband works so he pays for everything atm. And im not classed as vulnerable no. I have kept all records from the payments made to these people 12 regualr payments made every Friday. I just wanna pay the council direct, i dont want to deal with these people but not sure of the consequences.

Hope someone can help. Last year I left a business I had been helping run which is now closed.

I left due to stress etc although nothing official but it was have a serious impact on my health. Anyhow the council tax was stupidly in my name and now they are chasing me at home.

I dont deny the bill and I am not against paying it. So when Bristow and sutor contacted me I sent them and email asking to pay £50 per week which they replied in a letter I could do for 5 weeks but wanted details of my benefit but I hadnt claimed after leaving the business so had nothing to send them, so I just kept on paying.

Then a few weeks ago I got another letter saying Failure to pay, this I thought was a comp error as I was still paying.

Then today there was a letter through the door saying a bailiff had called 'A BAILIFF REMOVAL TEAM VISITED TODAY TO REMOVE YOUR GOODS FOR SALE BY PUBLIC AUTION' its titled with the details for the bailiff and the line 'THE INITIAL CHARGE FOR TODAYS VISIT IS £180'

Now i have paid religiously for the last 12 weeks the £50 per week. I tried emailing them direct but they said the wont talk to me as the bailiff was involved and wont agree a plan.

My question is where do i go from here I really hate these people and their bullish tactics what would happen if i stopped paying them and sent the money direct to the council instead.

Please help

Hi Matheos, this is great reading!

 

I've just found some old statements totalling a few hundred, dating back to '95, and am considering going for compound interest aswell. What do you think ? So far NW have coughed up for my current a/c, business a/c, cc's, & even a settlement on mortgage redemption fee, so about time they paid some of the old stuff aswell. How did you start ? Was it a standard initial & then LBA approach or did you mention the statute of limitations when you wrote ?

 

Cheers, Shelty.

Hi Shelty

I did everything the normal way no changes to letters or anything - didnt mention the limitations act until got to court stage and obviously used them in my POC's but thats it really - as you can see it went to the wire with us even appearing in court (but not them lol) so all I can tell you to do is the same as you have done on your other claims - I didnt claim compound just the normal 8% as when I stated it was uncharted territory but happy with the result and to be honest they were statements I had totally forgot about so was a big bonus in my eyes.

Good luck (though dont think youll need it)

OMG

Court hearing today - arrived at court to be presented with a letter from the court clerk to say they have settled in full.

Spoke to solicitors who confirm cheque was sent on Friday and will now be sending a further cheque for the daily interest and AQ fee - all that bloody work on photocopying lol

SO 6+ YEARS DOES WORK:D

Any more news yet Matheos?

Nothing other than we are in court 14th may - did recieve a letter saying they were applying to have it struck out but courts never got anything so as far as the court and I are concerned 14th May is the date.

Unless they have had a major change I dont think they can as like you or someone said they could be logged in over lunch from memory it just stamps in and out and records some process like sending of preprinted docs, completing app for etc . Other notes ie non recorded process should be left in the contact log. and I state SHOULD as most didnt used to!!

Have to state though I have not been there for 2 years now so they could have had some software changes

Nothing really to update AQ's are in and been with the judge for what seems ages!!! still waiting to hear - have spoken to Cobbets and they do intend to defend so really do expect to go to court on this one unless the Judge decides differently

I used to work for egg and can confirm that yes anytime someone logs into a customers account there is a log created and they are supposed!! to leave a contact log stating exactly what actions they have taken on the account - this is for audit and compliance purposes. They have 2 computer systems a front end where users details like password etc is kept and all logs are stored, and there is a backend system which is the financial system. The costing piece must be new cause never heard of that before. There are no screen captures unless they capture them and send them for scanning - egg have a paperless system (or did) whereby they can have all corresponance scanned and held in the system and can be recalled by any authorised user (this is managed by a 3rd party company). Hope this helps.

Just to let you know doing one for family member against HSBC and they didnt file their AQ intime on this one infact not at all - so the judge sent a 7 day order for them to comply or we got judgement. They did finally comply on the last day of the 7 days so again we playing the waiting game to see what happens!!!! good luck with yours crusher

Hi

The defence you have recieved is a little similar to mine have a look at my thread: http://www.consumeractiongroup.co.uk/forum/natwest-bank/37730-claims-older-than-6-a.html if there is anything of use on there feel free to use it.

Cheers

Helen

Matheos,

Just had a quick glance.In response to point 1. As far as i am aware any communication marked " without prejudice " cannot be used in evidence in court

proceedings. If the attempt at settlement fail and the dispute comes to court. It quite

clearly states that "The defence is filed without prejudice to the right of the defendent

to apply for summary judgement." Interesting ? Are they not anticipating a court fight ? Will digest the rest of your defence later,but it looks really good

Thank you not sure where that leaves me or the degence then