Hi all Well never thought I would be back here but surprise surprise a few days ago got a debt chasing letter from my old friends CABOT. I have written back to them simply refering to previous correspondence. How long will these idiots carry on trying. I have a few accounts where it has been almost 12 months since I sent CCA requests off and got diddley squat back but now they all seem to have crawled out of the woodwork again and have started sending debt collection letters again. Has anyone else experienced this, as they stand these accounts are totally unenforceable and they know it what a pain. thanx

Hi all, well long time no hear! unbeliveable yesterday I received a letter from Marlin legal section. Apologies for not contacting me in so long (about 6 months) but that they had written to their clients of 27th July 2007 requesting copy CC agreement but had not heard anything from them (surprise surprise) but that they would chase them up!!! Wonder how long they are going to drag this one out. It is now over 12 months since i began my battle with them and requested a copy of my agreement. Oh well keeps me busy. Was thinking of just sitting this one out but does anyone have any suggestions should I write back to them, can i do anything else. Any input would be great Thanx

Cant remember at the moment who the DCA are have a couple on go at mement and not got paperwork with me but will check tonight. (either first credit, credit solutions or BLS) Had a few letters from them in past week or so but yesterday sent off a CCA request. Also sent off SAR as the amount has increased so they have been adding charges i think. Loan is 4 years old was taken out over 3 years ago for £9,000 but still a balance of over £5,000. I have made payments religiously of £301.00 pm up until about 3 months ago when they started messing about with the payments so even with my crap maths abilities the figures don't add up. I suspect that PPI has been added but i know i specifically said i didn't want this as we were trying for a baby at the time and the advisor told me that ppi did'nt cover maternity leave and as i intended to take 12 months off there was no point in taking it out as for normal sick leave i am paid anyway so it will be interesting to see what the agreement shows - thats if they produce one.

Hi I have been having problems with TSB for over 12 mths. They started when they made me overdrawn (their fault) by paying a DD for £600 twice!(and on two occasions) Anyway it spirraled from there, they charged me (what a cheek) and refused to admit it was their fault. Eventually they did and paid me £100 compensation but by that time the charges were in excess of £500 they refused to refund these so i am in the process of claiming them back. I changed accounts eventually because all of my salary was being eaten up in charges. However I still had an outstanding loan with TSB which I paid by DD but when i changed to my new bank they refused to accept the DD from them saying that it could only be taken from a select account as this was the terms of the loan (how stupid) after months of fighting and getting nowhere I eventully had to transfer money each month from my new account to the old TSB account which was a pain and also cost me! this has been going on for months until eventually in December TSB decided that they were no longer going to accept my money transfer and sent it back!!!. Also I was still getting my child benefit and tax credits paid into the tsb account which covered half the loan but guess what they will no longer accept these credits either. so i now have no means of paying the loan. Also there is an outstanding overdraft of £200 on the account which they want repaying but when i sent this amount through last week guess what they sent it back. Oh well fun and games and a few letters winding their way to them and the DCA cronnies.

Well another reply received from Marlin solicitors. (it was received a couple of weeks ago just after i had posted my last post but have not had a minute recently to update) saying sorry but the letter that they had sent (asking for details of litigation etc) had been sent prior to them reciving my last letter and to ignore it. They would now contact Arrow to clarify the situation regarding my CCA request and get back to me with a detailed response ASAP. As i have said it has been a couple of weeks since this letter and I haven't heard a thing. I know I need to be patient and sit this one out but it is so frustrating waiting for them to get their act together. think i may give them another week or so and then write back to the solicitor to chase up. One good thing though have not had a phone call from them for ages. Will keep you all updated.

well I have today received a letter from Marlins solicitor. Very snotty which is a bit of a cheek considering. They want to know what litigation I am considering, the reference numbers for trading standard OFT ect complaints and if I don't respond within 14 days then they will commence collection. What a cheek. I don't know how to play this one. Shall I ignore and do nothing and let them start their games or do I fire an equally snotty letter back to them.

ooooooohhhh its good to be back! Have just spent 3 lovely weeks in cyprus and was refreshed and ready to carry on. On my return I received a letter from Marlin numpties. "as requested enclosed is the signed part of your Agreement. This meets our requirements now please contact us on the following number to arrange payment of account". Great, they sent me a photocopy of my signature in a box. That is all no agreement, no terms and conditions nothing just my bloody signature. God these people must really think we are stupid. I had also received a couple of calls from them which were left on my ansaphone while I was away. How many breaches. Anyway I sent them a letter straight back about a week ago pointing out the obvious. Nothing since then no letter no calls. Just wondering what my next step should be. Any suggestions guys. God think I need another holiday!!! Lady Hx

Well I have received a reply from the company solicitor at Marlins. Firstly he apologised for their rep and said that I had been miss informed by him as Marlin do not own the account they are simply the collecting agents for Arrow Global. He had no knowledge of the section 78 request that I had sent to Arrow and said he would contact them to find out what has happened and "obtain the relevant documentation" but in the meantime could I send him a copy of the request I sent "for his file" Should I send it? Arrow can't deny that they have received it as it was sent recorded back in April. Will now wait with bated breath to see what they turn up with - if anything but I am also going to renew my SAR request as I suspect they have still been adding interest and charges and poss a default. Oh and he confirmed no further telephone calls from now on all contact is to be between him and myself in writing which is something I suppose. Will keep you updated.

Hi corn lovely to hear from you. Been out of it for a few weeks everything went quiet but now back in the thick of it. Have just remembered that I have sent a SAR to MBNA and Arrow Global but not to Marlin so one in the post tonight. They will think I am stalking them, now thats an idea LOL see how they like it. Not had a call from "matt" for a few days coward am just in the mood to quote a few more CCA sections at him "what is CCA" I hear him ask. Can't believe how my whole attitued to them has changed since I came on CAG from from being absolutly terrified of their calls to looking forward to taunting and teasing them with my wide knowledge naughty me. Lady H x

well i have sent the above letter "special Delivery" so will now just wait and see what response I get. Although they have made a threat of court proceedings not sure if they will go ahead . These are the people who are giving me most trouble they are still ringing me at work and although they don't intimidate me any more they are a pain because if i refuse or am not available to speak to the wil carry on ringing being very rude and aggressive and it is not fair on the receptionist, she gives as good as she gets though1 hoepfully after they receive my letter this will stop but am not holding my breath. Lady H x

hi could any of you cleverbods on here have a look at this letter that i have drafted and propose sending to Marlin numpties. I did it very quickly so any suggestions/ comments would be most appreciated thanks Marlin Financial Services 2 The Courtyard Beeding Court Shoreham Road Steyning West Sussex BN44 3BJ 5th June 2007 Dear Sirs Re Arrow Global LLC I refer to your previous correspondence regarding your notice to proceed with court action and my telephone conversation with your representative “Matt” I will firstly deal with your letter dated 25th May 2007 (unpostmarked and received 1st June 2007) I am most concerned with your comments that ( my employers) have been contacted and have confirmed details of my employment. If this is correct then clearly there has been a breach of the Data Protection Act and in the circumstances I must insist that you provide full details of whom you spoke to together with details of any information provided so that the relevant action can be taken against this Company. I am also concerned with your comments in respect of the legal action you will be taking. I quote “Failure to respond will result in a County Court Judgment being registered against you and an Attachment being applied to your wages to secure payment of this debt.” It is quite disturbing that you letter was processed by your litigation department and may I respectfully suggest that the qualification and experience of the person responsible for the above contents is reviewed urgently. May I suggest that your litigation section refers to the Civil Procedure Rules and in particular the Attachment of Earnings Act 1971 s3 (3)? I can only suggest that the contents of you letter are clearly an attempt at intimidation and scare tactics. I will be referring you letter to Trading Standards as part of my complaint to them. Turning to my telephone conversation with your representative “Matt”. Quite frankly I was appalled at his lack of even the most basic knowledge of the Consumer Credit Act 1974. When I pointed out to “Matt” that this account was in dispute as I was awaiting compliance of a CCA section 78 request his response was to ask “what’s one of them” when I politely pointed out that it was not for me to do his job I was informed “I know its when you ask for a list of payments/statements and that!!!” Once again may I respectfully suggest that the training of you telephone representatives is urgently reviewed. Interestingly I was informed by “Matt” that you have now bought my account from Arrow Global (interesting as your correspondence to me still refers to Arrow Global and I have received no Deed of Assignment confirming this) You may or may not be aware that this account is in dispute, Arrow Global were served with a request under Section 78 of the Consumer Credit Act 1974. The Act allows 12 days for this request to be carried out before the company enters into default situation. If the request is not satisfied after a further calendar month the company commits an offence. These time limits have now expired and I have still not received the documentation required by the above Act. As you are no doubt aware if the creditor fails to comply with the above request he is not entitled, while the default continues, to enforce the agreement and if the default continues for one month he commits an offence. As such this account has become unenforceable by law It is my intention to consider litigation in this matter. As “Matt” has stated that you now own the account then it is your responsibility to supply the necessary documentation. Your attention is drawn to CPR 4.6© enclose copies of documents asked for by the claimant, or explain why they are not enclosed; I therefore request in compliance with CPR 4.6© a copy of the document that you will be relying on as proof of a properly executed agreement, complying in all respects with the form and contents requirements of the CCA signed by me in respect of this alleged debt. I expect, in accordance with CPR, your prompt response to this formal request without further delay. Finally I have made repeated requests to your representatives when they telephone me that these calls are to cease and that I will only communicate with you in writing. Despite these requests these calls have continued and this behaviour now constitutes harassment. Do not telephone me again – remove any telephone numbers you hold for me from your systems. Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after receipt of this letter an official complaint together with a log recording times and frequency of calls will be passed both to that office and to the Trading Standards Office. For your information note that ALL telephone calls are recorded. Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 27 of the Communications act 2003 I trust that I have made myself clear on these matters and await your speedy response. Yours faithfully

Well after a long delay I finally received a reply from monument. And yes it was surprise surprise a standard letter " we will continue to collect debt etc" Oh well I really thought that I was special to them. Have not heard anything else though not even from the DCA. What amazed me is that in this letter they have blatently lied by saying that they have sent me every document relating to the account ie agreemet, terms and conditions and statement of account. I have received non of them and their letters do not make reference to sendiing me these documents. I also received a response from trading standards a couple of days age. It was quite a detailed response with a form of authority for me to sign so that they can contact Monument on my behalf to investigate, they have also requested copies of all correspondence between myself and monument. Its a start but I am not holding my breath. Has anyone else had any better luck from monument towers!!

Well I am back after a bit of a break. Nothing much was happening as i was just waiting until Arrow Global went into default with CCA request. As I expected 1st June has come with no sign of agreement. Have still been getting hassled by Marlin numpties though. They only ever telephone me in work I do speak to them sometimes just for a laugh as it is frightening that these reps have NO CLUE about the CCA they just talk crap to try and intimidate you. They have now given me 10 days to pay up or they will issue proceedings and amazingly during a telephone comversation with a marlin numpty yesterday I was told "we are getting an attachment to your earnings in the next couple of days" ermmmm haven't they missed something like proceedings CCJ etc. The new empowered me said go on then but you need to comply with CCA section 78 request first Him what is one of them oh i know its when you ask for details of your payments isnt it !!!!!!!!!!!!!!!!!. I was concerned that I received a letter from them last week saying "we have contacted your employers who have confirmed that you are employed at (name of employers) is this not a breach of the Data Protection Act don't think my employers have given any details but are Marlin allowed to say they have them or even ask my employers for them? I haven't sent a CCA request to Marlin as although their rep told me yesterday that they have bought the account I don't think they have as all letters from them are heade "our clients Arrow Global" and I did get a deed of assignment stating that they arrow global now own the account. Should I send a request to Marlin anyway just to p*** them off Thanks Lady H

Well I was wrong if I thought I had got rid of Marlin DCA. Just had another call in work from them, didn't take their call just couldn't be bothered going through the usual crap with them. Anyway not sure what to do now these idiots have been sent the harassment letter and Arrow Global are in default on my CCA request since 1st may. It appears that Marlin are just the account administrators for Arrow Global and don't actually own the account shall I send them a CCA request to cover all grounds. Any help at this stage would be great as I am getting so frustrated that everything is being ignored:mad: Lady H x

Hi all sorry I haven't been around for a week or so have been manic with work and sick 1 year old. Anyway nothing much has happened. I received notice from Cabot that the debt had been sold to them so I wrote pointing out everything really and not heard a thing since. Monument have promised me a substansive response to my mamoth letter to them by 10th May so only one day to go but not holding my breath. I am now going to write to them with section 85 and 10 notices and ask for consolidation of interest and PPi nothing to lose really and if it goes to court then so be it they have had more than enough warning. Camuser I wouldn't bother chasing up your request, why warn them, if they default then take them to court. Monument tend to send all their letters out without telephone numbers on (Ms Worts letters don't have them on) Also I didn't have any problems with my SAR request and I didn't send ID. Mike are you getting anywere with them? are you able to post what has happened (if anything) Lady Hxx

Hi all have been a bit quiet recently. Mad busy at work but nothing much has been happening just sitting and waiting for the time limits to come and go. To update MBNA went into default on CCA request on 1st May so roll on 1st June. Am quietly confident that I won't get anything from them so fingers XX. As for the Marlin numptys they wrote and told me that the had passed account onto another DCA and would not be contacting me again. Liar Liar received a telephone call from them in work about an hour ago. Now you have read of my last experience with them so this time I ws ready. Decided to take the call from "Claire from Marlin" she was put straight through and before she could even open her mouth I got in there "Hi claire I know who you are and what you are calling about and before you ask any 0f your security questions I must inform you that this call is being recorded is that ok" BEEEEEEEP oh how rude of you claire please do call back HA HA.

Hi Cornucopia I am just polishing my handcuffs and cracking my whips as we speak. They have got no chance of me speaking to them. Only got till 1st of May then they are in default of CCA request another month after and then the fun begins. HAHAHAHAHA

Welcome lilacvera. You may have some fun with monument there are a few of us on here who are batteling them. If you read my thread Lady H v Monument you will see my experiences. Later today I am hoping to post the letter I propose sending to them regarding selling my account to Cabot while it is in dispute over DPA request CCA request and section 85. Should be fun but am getting a bit fed up going round in circles with them so if I don;t get a positive response to this then court here we come. Have you made a CCA request to them? if not it may be worth doing so as it seems that all they are sending out in response to these requests is a reply card which is about as useless as a chocolate teapot and they know it but still insist it complies. How long have you had the card? Good luck and keep us posted Lady H xx

Well following on from my encounter with Marlin rep I heard no more from them until yesterday when I received a letter from them unsigned with no correspondence name headed FIELD AGENT VISIT. It appears that they have now passed the account to a firm called SCOTCALL who will be paying me a visit shortly Hmmmmmmm. yes I don't think so. Does anyone know who they are. So to clarify MBNA defaulted me if February (no default notice received) and then passed my account to Arrow Global who issued a default notice in March and prob defaulted me, they told me that Marlin would be managing my account and I suppose because Marlin now know that they aren't going to get anywere with me have passed it on to Scottcall. Surely they need my permission to pass my account on. Given that I have still to receive a CCA from either Global Arrow or MBNA what should I do now. Not bothered now about Field visit cos it prob won't happen and is just a scare tactic but I am P****d off that my account is being passed here and there without my permission.

This is exactly the same format that Lloyds Tsb sent me for my credit card apart from at the top mine said "if your application is accepted then this application form becomes your agreement" ehhh I don't think so ! me thinks there a few important things missing like ALL the prescribed terms. Oh happy days djdave Lady H x

nicsussex is right you do not need a solicitor. Even if your partner is entitled to legal funding then this funding is not "free" therefore if, as a result of any action taken by the solicitor under the legal funding scheme, you benefit financially i.e you are refunded your costs by the bank then the Legal Services Commission will recoup their costs from this money so you may be left with little or no benefit for taking action. If your partner is in receipt of income support then when he issues his court claim he will be entitled to fee exemption (he will need to fill in a fee exemption form when he issues his claim) Start by reading the FAQ in detail the proceedure is straight forward as long as you read and stick to you timetable. If you hit difficulties then post in your thread and there will always be someone along to help and offer advice. Your not alone we have all been through those first steps claim the money back its yours Good luck Lady Hx

Well after having a good read around the site I din't believe that the document that they have sent me is a "true copy of my origional agreement" It is not signed by them and it contains absolutley none of the prescribed terms interest rate credit etc. IMHOwhat they have sent me is nothing more than an application form. I have therefore written to them to point this out. The clock is still ticking their 12+2+30 days run out on 13th May although they are already in default so no further payments to them.

thanks curlyben and archer 66 if it is ok I will use this info in my letter to them. Will post it when completed.

Hi Rhia Will read the threads you suggested. Not dipped my toes in here before as only got letter from Cabot today. I already have my "agreement" CCA request sent in December 2006 and all they have is a copy of my signature on a reply card since then have asked them for anything else they have and they have just ignored my requests(so suspect nothing else)I have had a response to my SAR as stated in my first thread. Shall I now do a CCA request to Cabot, shall I ring them??? will they even know that this is an unenforceable debt that they have bought?? are they that stupid?? shall I tell them or let the court do that?? LOL

Hi curleyben Yes have seen you in the "monument gang" have you had a copy of your agreement? what did they send you? me thinks thay are getting scared and just wanting to get rid