My fiancee just gave me these. If anyone wants them, PM me your email address and I'll send them to you. Pete

And the second...

As promised here are the 2 DOA's I got from Marlin Financial Services. And before you ask, I DID scan them straight it was the poor quailty photocopy that I received.

I showed the DOA to my partner (soon to be a barrister) and she laughed. They can't even demonstrate what "certain debts" or even which portfolio this relates to. (i realise it's a different) but she said it's as daft legally as your house deeds saying you own "a house".

I've popped home (no time to scan the documents but I will tonight) The 2 DOAs are different, but neither contains a single reference, account number or anything that could associate it with me or my account. I'd like to see how they'd enforce that in court. **Edit** The closest it says is "agreed to purchase certain debts" on one and "agreed to purchase a portfolio of debts" on the other.

I received an odd one from Marlin Financial. It's been assigned from the creditor to them, and from them to themselves following a change of name. The actual signatures are on a seperate page and frankly could be from anything, and for the assignment from the creditor to MFS, the 2 sgnatures (one from the creditor and one from MFS) are on 2 different pages. I'll get a scan of the pages up tonight As for the deed looking the same, it may be that the DCA raises the deed for the creditor to sign?

I never thought of thought!!! However, I've scanned my signature and I insert that in all my docs but it's got a funny smudge in it. I couldn't be bothered to rescan another one so if it my signature ever turns up on a legal doc with a smudge in it......

As they are ringing you at work, you might want to drop another letter in there stating you are relinquishing your permission to contact you by phone and you wish to only be contacted by letter. If they continue after this they are in breach in several areas. Search the forums and you'll find plenty of template letters to use for this too.

CCA arrived today, it's all present and correct.

What the hell did he hope to achieve talking to your Boss?? If he can't even tell you who he is (for DPA reasons? pur-lease!) then what on earth does he expect to say to your Boss without breach DPA? LOL - what a numpty

First of all, do not be bullied by these guys - they have not got a clue what they are doing most of the time. Firstly, CCA them for both debts. I think that will cost you £2 but worth it. Send one for each debt: [your address] Direct & Legal Collections Buckingham Road Brackley NN13 7DN RE: [ref numbers here] Dear Sir / Madam, With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and deeds of assignment. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of me credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand a copy of mycredit agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. We look forward to hearing from you within the statutory timelimit. Yours faithfully [sign here] Make sure you send it recordeded delivery and check it's been delivered then sit back and wait. Once 12 working days has passed, they are in default. At this point stop any payments you are making at this time as the account is in dispute. After a calendar from that date (up to 49 days from the original request depending on how your 12 working days and the length on the month lies) they are committing a criminal offence. You will probably get a letter saying they will request the information from the original creditor - it's a standard letter. You may also get a letter complaining that your payments have stopped. If this happens, write back to them again reminding them the account is in dispute and you will not be discussing payment whilst the account remains in dispute. I CCA'd and Section 10'd DLC in February and my credit file got cleared almost straight away and I've heard nothing since. Also, you want to only ever converse with them by letter, never by phone. If the phone calls continue, there are a few letter you can send to stop them but come to that if it happens. They normally go VERY quiet once served a CCA request! Come back here for updates, or info and let us know how you are getting on.

hehehe - I was told in a my last letter dated 16th February that I'd get a follow up in 21 days......2nd March is but a distant memory and no follow up. I sent them a letter today based on the letter in this thread: http://www.consumeractiongroup.co.uk/forum/general-debt/82110-littlewoods-default-removal.html I took out the chuck about requiring a final decision and the chunk about the s10 as they have already complied with that. I was also cheeky and tried it on and said that I was in a position to take the case to Northants TS and OFT, who would be very interested to hear about yet another case involving them. As the potential fine makes my debt look like pittance I may not tell them of their criminal act if I find that in the next 2 weeks I debt happened to be discharged. I doubt they will but they may come back with a very good offer to clear it. I did offer them ex gratia (and thankfully without prejudice) 80% as F&F and they refused it point blank just before Xmas.

So you think it's better to leave it and let it go statue barred? When does that happen? 6 years from last contact, from the time of default of the date it was assigned to the DCA?

I think the answer is yes you are liable, but I'd be contacting TS and OFT first as they are grossly in default. Secondly, if £5 is all you can afford, then it'll have to do. If they dont like it, then let it go court. I doubt it'll make it there in light of the default, and the court will probably order you to pay what you already offered and it'll make the DCA look like an idiot.

I have the evidence from MBNA that they sold the debt, the fact that Wescott are withholding the deeds of assignment suggests they bought the account in bulk from MBNA, and in the letter they even said they bought the debt. I think the "need to get the cca from the client" crap was a standard delaying tactic.

Hi, I CCA'd Wescot on February 8th in regards to an outstanding MBNA balance. I got a standard letter on the 19th and I didn't pay much notice to it until today. Today I received my SAR that I request from MBNA in early December. In the comms log it clearly states "Balance sold to Wescot Credit Srves - Refer to 01482 590500. Sold {date} c/o bal at sale £xxxx". The amount is £57 more than what Wescott are attempting to collect. I re-read the letter from Wescot and I was a little surprised: Hold up.... MBNA claim they sold the debt, they are saying they are collection agents for MBNA? So MBNA has the original CCA then. Right! So they are your client and you are merely collecting for them. So I have to take your word for it that you are MBNA's appointed collectors? So you DO own the debt after all, in that case why are you contacting MBNA for the CCA, which I might add is criminally in dafault now. I'm very tempted to offer them a very stupid amount ex gratia as a F&F. What do you guys think?? Pete

Not really. This only covers the time after MBNA took over the cards, I'm still waiting for the Abbey part so I can sort it all out in 1 go

I wasn't expecting this. A VERY large envelope arrived from MBNA today. It's the outcome of my SAR and it appears to include EVERYTHING they have on the account, including screen shots hows the account of various system screens and print outs from various other systems which to a non-employee are plain jibberish. Took them long enough!!!

So in short, my acknowledgment of the debt is no longer relevant as they can not legally enforce it anyways. I might get in contact and advise that I will be preparing to contact TS and OFT in the next few weeks, however if the debt is discharged in writing prior to this then I feel there would be no need to contact them.

I'm gonna push to get it written off as a point of pricipal anyway. I had several months of problems with them and I even after I offered them a F&F settlement of more than 80% and they flattley refused it!

I had pretty much the same letter from them 10days after I sent them my CCA request on teh 8th February. I've heard nothing more since that letter. But all record of the default and DLC has since disappeared from my credit file.

Of the 3 DCA's I'm been dealing with Marlin are the best in the sense that I made them a sensible offer and they accepted. I dont hear from them and the money goes out each month on time. However, I've CCA'd them along with DLC and Wescott to see if I can use that as room to barter for an earlier settlement.

For what it's worth I recently found 2 defaulted accounts on my credit file for '3' for £615 and £152 pounds. I've never had any accounts with them either and after I challenged the info with the CRA they replaied saying the info IS correct. I was going to CCA them, but if you can't CCA mobile phone accounts (assuming that's all 3 does) then I'll have to SAR them

I recently CCA'd Wescott and DLC for 2 debts. Unsurprisingly I got an initial response from both saying they'd request them from the creditor and some 6 weeks on I've heard nothing. DLC have removed the default from my credit file along with the several addresses that dreamed up and put on my credit file too, Wescott have done nothing. I understand that the DCA's are in a bad position in regards to the enforcement of the debt, and also in regards to the failure to comply with the CCA, but people say this is a good bargaining point to either get the debt written off, or vastly reduced. My confusion is this - In my CCA I stated that I do not acknowledge the debt with them. Now, if I try to start talks doesn't this then acknowledge the debt? Does this not matter now it's unenforcable? If this is the case I will push to get one with DLC written off (as it's a small amount, and I had months of DPA problems with them) and the one with Wescott settled for as little as possible.

GAH!!!! When Abbey refused my SAR on the grounds that my address is now different they asked for proof of my address (current utility bill, driving license) which I duly sent as requested. It's been rejected agin saying I need to fill in a change of address form first. There was now mention of this in the first rejection and I complied with their request. Do I play along with their attempts to slow things down or do I just wait now as I did as they asked in the first place?