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Found 126 results

  1. Well have had EGG card for quite a few years, they have told me there will not be a re-issue of card and I should continue paying them the Direct Debit till balance gone. I SAR'd them and received copies of statements, and charges come to about half of what I owe them. I have found my original CCA and it is the usual EGG agreement and it does not comply under Consumer Credit Act, do I ask them for their copy just to keep them busy? or do I send Account in Dispute letter? Any sensible suggestions?
  2. Does anyone know if there is proof that Cabot and Marlin are owned by the same company and the reason for this request is I am currently helping a friend and had a very interesting call with Cabot yesterday (recorded for accuracy and security purposes) The information gleaned was to say the least interesting.
  3. Hi guys I am a newbie to this forum, but decided to join as I read some interesting stuff on here particularly regarding Marlin DCA. I have an existing credit card debt with Egg which last payment was made back in 2009. I received a letter this year from Marlin who are chasing the debt on behalf of BarclayCard. I wrote to Marlin on the 3rd March 2013 requesting a "true copy" of the original credit card agreement (s78 of the CCA). I then received a letter from Marlin on the 23rd March 2013 stating that "We do not hold a copy of your online agreement and have therefore applied for a copy from the original creditor and will forward upon receipt." A few questions: Is my letter of the 23rd March a valid CCA request or does it need to worded in a certain style? Should I have sent a failure to comply letter after 12+2 days or does it not matter too much? Based on the answers to my above questions, since it is now 13th May and I have not heard anything, is the agreement unenforceable? Thanks in advance.
  4. Hi all I sent a CCA letter to Barclaycard with the £1 cheque on the 1st Nov 2007, and have had a reply back today. I would really appreciate some advice on the Agreement attached as I am currently out of work and can't keep up the payments. Mercers are harrassing me with calls and letters. Thanks, MC Barclays CCA.pdf
  5. Have received another letter from Marlins this time wishing to let me know that since they have had no response from me they have now been instructed to move my alleged debt over to Weightmans for consideration. As it is £19k from a Lloyds loan I am expecting them to go after it heavily. I am trying to head them off and have sent a CPR31.14 to Weightmans this week as at the moment I don't know who to send the CCA request to Weightmans have already gone down the Court route for another debt so I'm expecting them to do the same with one. Is it worth sending an SAR to Lloyds as both my loans with them have ended up with Wightmans or should I wait and see what the sols come back with:?: Any advice greatly received.
  6. Can anyone help? I have some large credit card debts on about 5 cards. I have sent a standard letter asking for a copy of the CCA and had replies back but some seem a bit dodgy. I'm no expert sp I joined the forum to see if there is any help here for me. Do I tell them that I dont think they have complied with what I asked for and put the account in dispute and pay the £10 for the SAR? Are they legally entitled to chase me for payments while the account is in dispute? I can post documents if anyone wants to have a look. Cheers
  7. Precis of letter from Restons this morning Marlin Europe v NM We are instructed by Marlin to claim immediate payment from you of the outstanding balance plus interest as appropriate. We must ask you to pay xxx by Feb 6 we have strict instructions to issue a CCj Our client may be prepared to accept installments by filling in an I&E Receipts will not be given unless you enclose an SAE They draw my attention to an opportunity to clear account at discount settlement figure (but give no details) Sincerely Sharks Whats my next step?
  8. In Oct,we received ccj papers for an old debt from egg. The claimant was Marlin and the solicitors was Mortimor clarke. I sent the court paper to the solicitors in Oct with a request contest jurisdiction as we had received no warning from anyone re the debt. Not even a 14day warning letter. We heard nothing until a letter dated 23 January from solicitors saying the ccj had been awarded by default. What do I do now? Should I have sent it to the court? Have I done it wrong, anyone advise? Regards
  9. Hopster

    Hopster v Egg

    I have paid £495 to one company - since been served with a default notice by Egg - now past the due date - was told no problem if this happened - have emailed them but no reply !
  10. Hi, please help. Marlin/Mortimer Solicitors have issued a county court claim against me for a overdraft with Yorkshire Bank at least 8 years old. I`m not sure if the amounts are correct its that old and don`t know how to fight it. HELP NEEDED PLEASE
  11. Hi I hope someone can help, going out of my mind with worry here. I received a claim from Mortimer Clarke (Marlin) all details below. Issue Date: 6 Mar 14 Reason: Non payment of unsecured loan Claim for £4K includes court fee and solicitors costs + interest of about £700 Original Agreement was made in 2006 and assigned to them in Oct 2013. I sent an Acknowledgement of Service (using the online moneyclaim website) on 17 Mar also sent by recorded delivery a letter asking them for 31.14 request: 1: the agreement. 2: the assignment 3: the default notice4: the termination notice 5: statement of account Not heard anything back yet. I also have a lot of other debts total cost about £35K although no individual one for more that £7K. Im sure more and more claims will come through in the coming months. My wife lost her job 5 years ago and we moved into a family members house for 2 years and carried on paying all the debts. We then had to move out and started renting and I just couldn’t afford all the bills so stopped paying 3 years ago. Been rather stupid and had my head buried in the sand since and just ignoring all the letters and phone calls, I dread getting home and seeing letters on the doormat or every time my phone rings not wanting to answer. Now the courts are involved I obviously can’t do this anymore. Just wonder what my options are, we have no assets to speak of rent a house, an old car worth less than £1K.
  12. Hello. My wife has debts that were originally with Egg and are now being chased by Marlin. She's been paying £20 p.m. and we've had a letter saying the account is up for review and to fill in an income/expenditure form. I don't know whether or not to do this. I've read on here to just write and say I can only afford £x p.m. but is that asking for them to get awkward? Could they issue a Statutory Demand for example?
  13. Please help have till Monday to file defence for egg debt have sent cpr31.14 and have attached reply
  14. Been issued with a county court claim from Marlin, it is pre 2007 and tbh i had a few loans in quick succession from Northern Rock and i dont even know if its legitimate claim or they have mixed them up, i do not deny having loans with them but i am unsure with this claim the more i look at it 1,For a start they have sent letters and copy of the CCA the numbers are not the same 2,The statements they have sent do not add up to what they claim 3,On every apr calculator i try the amount stated on the CCA is incorrect 4,There is no terms 5, No cancellation notice 6, No credit limit I think its a balls up big time but i am after any legal advice please I have enclosed the County court letter, the credit agreement and the terms they sent separately i 100% did not get these or the cancellation letter mentioned. The statements show debt written off in 2009 and the account number in all correspondance has 2 digits more than on the actual CCA All legal help appreciated, i am going to send a cpr31.14 and acknwledge service n Monday (hopefully) ty [/url]
  15. Just received a letter this morning saying my account was now owned by cabot financial and was sold 24th june 2014. Ive been paying weekly for years and still have my direct debit paying welcome drect, they say they are only handling the payment and forwarding to cabot.... As this is a secured loan does this have any implications for my home? Ive rang welcome they said to contact cabot but i dont really want to until i have the correct info. Any help/advice would be appreciated. Thanks
  16. Evening All Received a letter today from Cabot advising they were 'referring' my account to Marlin Financial Services (all very nice at this point ) Now the debt is 464.19 - of which over £250.00 is late charges and interest from when I was unemployed! I plan to CCA them wondered if I should also ask for statements with a view to claiming back some of these charges. I'm also wondering who I CCA. Looking at the letter they don't indicate they have sold the debt to Marlin but Cabot definitely bought it from Capital One - so would I be right in believing Cabot are who I should CCA?
  17. Did a CCA request for true copy of original signed agreement approx 10 days ago, got a letter back today.. Gist of the letter.... We have previously supplied you with, or please find enclosed a true copy of the credit agreement. We are satisfied that this meets with our obligations under Section 78 of the Consumer Credit Act By way of explanation, under Section 78 of the Consumer Credit Act, Next must supply any customer with a True Copy of their credit agreement upon request. For the purposes of Section 78a, a true copy need not be an exact copy or photocopy, as long as it containss every material provision of the agreement signed. This means that it does not need to have non-statutory information which was included for the creditors own benefit or signature boxes. Therefore Next are not required to provide you witha a signed copy of the agreement and this is made clear in Section 3(2) of the Consumer Credit (Cancellation notices and Copies of Documents) Regulations. We are required to to provide you with a true copy, and a true copy is enclosed. In light of this, and in the absence of any evidence to suggest that you did not order and/or receive the goods delivered, Next will continue to seek paymeny of the balance of £843.99 owed by you. It is noted that you have neither denied ordering or receiving Next goods. A default entry will now therefore be made on the credit reference file, which may affect the ability to obtain credit in the future. Making payments to clear the balance will enable the credit files to show this as satisfied. Yours Sincerely [EDIT] Enclosed was a VERY poorly photocopied printout - which was hole punched suggesting they have a ring binder full of them ready to send... Of "How your directory account works" Now this is obviously a generic printout, not bearing my sig or account details.. (will scan up tomorow) So are they correct, ot talking utter bull as usual? Mike
  18. ramp

    Hsbc, marlin & me

    Can you help please - have payment arrangement with hsbc since oct 2009 for credit card taken on in 2004 - financial issues 2009 hence arrangement - hsbc sold account to marlin earlier this year after it had been handled by their own metropolitan collection services who agreed a standing order for £1 per month for 999 months starting in 2009 - continued paying hsbc and they have been passing money to marlin financial - never missed payments - marlin parent company (marlin europe) stated in writing they would honour hsbc arrangement - fine - now marlin financial want income & expenditure etc and review - note last statement received from hsbc dec 2009, none from metropolitan that i can find and none from marlin yet my question is this - are creditors legally obliged to send statements to debtors and if so how often are they required to do so - also when i informed hsbc in feb 2009 of my issues they continued to apply interest until dec 2009 although i do not think they should have done as they sent the default notice and final demand etc in the late spring/ summer of 2009 i do not like marlin as they are threatening all sorts even though have maintained payment plan without fault for 5 years - thank you
  19. Good morning all, First post so apologies if its a bit of a ramble, I received today a claim form from Northampton County Court, claimant MCE (Marlin) in respect of an debt with HSBC. It mentions a bank account facility and they are claiming over £10K. I got myself into debt in the mid 2000's trying to support my business with credit card and overdrafts and it all went horribly wrong. The weird thing is, this debt is actually 2 debts. One for the current acc and one for a credit card. I was harassed by Marlin in 2007, 2008 and 2009 and as I lived with my parents, they were getting most of the calls to their home number and the rest to my mobile. I know I shouldn't have but I paid monies to Marlin in 2009 but then received some debt advice and was advised to write to Marlin as it was felt that they did not officially own the debt. I made a CCA request but it was returned and refused as they said it related to a Bank account and was not covered by CCA. I wrote to HSBC and asked them to clarify the situation (no response) so I wrote back to Marlin and made another CCA request and never heard anything more. I got a letter from Mortimer Clarke a couple of weeks ago saying I owed them £10K and had to contact them as soon as possible and today I got the Claim for from the court. Can someone confirm my position regarding the CCA request, can Marlin combine 2 debts, a bank account and a credit card and then add on £4K worth of interest?? Do I have grounds to defend the case in respect of this? I am scraping by on less than minimum wage at present as I became a full time carer to my father in 2009 and since he passed in 2013, have struggled to get back into work. Thanks in advance for any advice offered.
  20. Marlin acquired NR's loan portfolio last year. I am going to send requests into NR for copies of the original paperwork as I smell a rat. I took a personal loan (unsecured) in 2005 and defaulted on this and 3 credit cards in 2009 when I went DMP. The default wasn't recorded by NR, just an ATP until early 2013 when it dropped off of my credit history. I have 4 defaults from 2009 which expire next yr and I will make F&F on these are they are valid (I have CCA's them). I'm worried about the Marlin loan, I am desperate to avoid a CCJ or something I want a plan as to whether continue paying them £60 a month, F&F or test the validity.... Long rambling post (sorry) - my question is do I CCA/SAR or both? And to NR or Marlin?
  21. Hi, newbie so sorry if I have made any mistakes. If anyone could help me I would forever be in your debt. Very worried Name of the Claimant ? Marlin Capital Europe LTD Marlin House 16-22 Grafton Road Worthing West Sussex BN11 1QP Date of issue 25th September 2014 Submit defence by 27th October 2014 What is the claim for By an agreement between Egg Banking plc ("EGG") & the Defendant on or around 01/10/2002 ("the Argeement") EGG agreed to issue the Defendant with a credit card upon the terms & conditions set out therein. In breach of the Agreement the Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant on 06/01/2013 THE CLAIMENT THEREFORE CLAIMS: 1.3900.00 2.Interest pursuant to section 69 of the County Courts Act 1984, namely 1400.00 & continuing until Judgment or sooner payment at the rate of 0.84 What is the value of the claim? £5,800 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before, 2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The account was assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? I have received letters yes Did you receive a Default Notice from the original creditor? Not that I can find Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that im aware of Why did you cease payments:- Financial difficulties Was there a dispute with the original creditor that remains unresolved? Not that im aware of Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes I told them I was having problems but failed to stick to a payment plan Last Payment was July 2009
  22. Hi everyone can anyone advise me of my next steps with this problem please, here goes, In 2007 I had a marbles credit card (£250) with a hp purchase from currys think it was one of their pushy things when you took out a hp purchase? in 2008 I had a dispute with Marbles (original creditor) over some late payment charges and stopped my payments (last payment made 2nd Jan 2009) This was then passed to several dca's and a few weeks ago I had a letter fro Marlin Financal saying they were acting for Cabot Financial (current creditor) and were going to issue court proceedings if the debt was not paid in full, I sent for statements of accounts and credit agreement and 1 week ago had them returned, the credit agreement has no signature it is just blank?? And since the last payment balance then was £233 so all the rest is made up with charges. Default was made 2nd Jan 2009. Today had a letter from Marlin say that no payment plan has been offer so now they will take steps to issue court action? Any help will be great Thanks mw
  23. Hello, Excuse my attention grabbing title, im in a bit of a panic. I had an original loan with Northern Rock for £9k. This defaulted in June 2009 with around £5k remaining. This was registered on my credit file under NRAM but is now under Marlin. Since 2009 I have been making payments of £30 per month to NRAM who have never contacted me after I set up the initial direct debit amount with them and have never sent me any letters saying they have passed along the loan to someone else. I did check the NRAM webpage which said a number of loans had been sold onto other debt collection companies so assume Marlin have bought this. Friday, I received a letter from Marlin offering a 50% reduction on the amount of £4332 if I paid in 7 days. Saturday I received a letter from Marlin saying I had to contact them to arrange a payment plan, they also sent a form asking for my mortgage amount, employment status and bank details! I'm a little panicky over how to proceed, as I can barely afford my month to month living now. Please any advice would be great!
  24. phatram

    Egg now Marlin

    Mrs P was one of the 160000 that were lucky enough to have their Egg account wrongly closed many moons ago. Can anyone remember when this happened? This was then taken over by Barclaycard and now is with Marlin. Seen a few threads with differing opinions of what to do, can someone please give firm correct advice as to what to do. I'm sure a lot of people would appreciate this. Many thanks Mr P
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