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  1. Hi Everyone Back again as Caboot are back. They appointed Marrlin who wrote to me asking for payment in full on a debt that I believe to be Statute Barred. Last contact from Arrgos Card Svces was in 2006 when they sent a notice of assigment. Payments continued to Moorcroft, unfortunately I cannot find the paperwork regarding this issue, it may be in attic. which I will need to access later today. I received letter from Reestons yesterday, the letter was dated 7 days prior to me recieving it. I have to contact them by next Tuesday, if I do not they submit a claim to the county court. This now leaves me less than 5 days to deal with this issue. Do I advise Reestons that I believe this debt is statute barred? Or that that I dispute the debt? or should i ask them to provide a CCA? I have asked a debt collector in past to provide a CCA which they could not do. I beleive I should now send a SAR to ARrgoos card svcs, is that correct? I think that I should also ask Caboot to provide a CCA? is that correct? As this is such an old issue I am not sure where to start with it, and as I have very little time to respond really need to know what to send to REsstons. Whatever i need to send will have to be sent Monday at the latest. Poppay
  2. Weve had a telephone call from Blackhorse today to say we can cancel our PPI but our repayments on the loan wont go down due to a previous claim we made. Is this correct??? Hadituptohere
  3. This is for an old overdraft that may or may not be statute barred but no one will reply to me to tell me! Court papers issued, filed defence asking for all paperwork etc and proof not statute barred, Northampton then asked for some kind of form to be filled out where Restons asked for a three month stay and its now been transferred to local court and I attach what the Judge has asked for. Need some advice on what I do as this arrived yesterday and dated 26th so I guess 5 days service plus 7... .Interesting to see that Judge has a) Referred to mediation and Restons have previously put on their form before transfer that they wont enter into mediation. b) Judge has asked for us to liase, but Restons wont enter into correspondence with me at all c) The court fee is nearly as much as the claim Hopefully this will help, perhaps a mod can delete the two above please as not to confuse issues
  4. Hi, I have been paying off an old debt to original creditor at £10/month for the past 9yrs. I recently got a letter from Nolans Solicitors telling me that Marlin have appointed them to request payment of the full amount which is over £9k, a way load more than original debt. I have noticed the original debt is no longer on my credit file I have still kept paying the £10/month to the original debtor. Can anyone advise what I should do? It was taken out about 12yrs ago. Thanks
  5. Hi, I am looking for some advice please. I checked my credit file today and saw a CCJ has been registered against me in October 2017. My credit file was 100% clean in September 2017, no debt or defaults were showing at all. I am currently living in temporary accommodation due to a fire at my main residence I went to see if there was any mail that I missed. I found a letter from the county court business centre, sent in September saying that as I have not replied to a claim a judgement has been granted. The letter quotes CPR 23.8© and that the court will deal with the application to lift the stay without hearing. The accompanying paper work shows that Marlin claim that proceedings were issued on 26/05/2015 and that I failed to respond. I have lived at my current address for over 10 years and I have received no correspondence from Marlin regarding a debt or any claim form. I do not recognise the amount either. History The only debt I am aware of is an egg card from 2008 when I got in to some financial difficulty. The amount from memory was about half of what the CCJ is for (£5k). I have not had any correspondence from anyone regarding this debt since before 2010 and certainly not made any payments. As of September 2017 my credit score was perfect with no outstanding amounts or defaults. I know I can apply to have the CCJ set aside, the only reasons I have at the moment is that I did not receive the claim form, I have not heard anything from Marlin and that I do not recognise the debt amount. The delay between receiving the letter from the court on the 7th of September and now is that the letter came while I was away and in my absence we also had a house fire and lost access to the building. After seeing the default today I gained access and found the letter. Do I apply to set aside first or contact Marlin to ask for details of the debt? I am in a precarious situation because we (wife and children) are currently homeless due to the fire and I am trying to arrange a tenancy. I don't think I will pass a credit check as it stands. If I have missed any key information then please let me know.
  6. I have just received a letter from Mortimer Clarke stating that they act on behalf of their client Marlin Europe II Limited asking for details of my financial circumstances for a debt that they say a county court claim was issued on April 2014. It also has a claim number at the top of the letter and if I don't respond they will lift the stay and request Judgement. I have never had any claim form for this debt and I have logged on to MCOL and there is nothing on there with that claim number. I also went on to my credit file and it says the debt they are talking about is with Cabot for a different amount. I'm not sure what to do.
  7. Having received funds to pay my charging order, Marlin owe me the outstanding amount but are refusing to pay claiming they do not have enough details about me to do so. I have provided everything I can and feel as though they are trying to get as much info as possible not just what is required. Should I now issue a claim as I have spent weeks sending them more and more info?
  8. I have just got a letter from marston they apparently hand delivered it. So they came to my house . but i have NEVER received any court papers from any court. The debt is from marlin financial and originally from HSBC many years ago. What should I do?
  9. 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
  10. hi everyone just trying to sort my debt mess out at the moment to be honest I'm struggling to keep up with things and seem to think of nothing else every day just trying not to let it crush me. Ok hear goes, had a letter from LLoyds saying they passed my debt on to Marlin Financial Services ( Debt is a current account over draft for £5000 this was at the height of my debt problems and the over draft started at £2000 and I applied online for extra overdraft and was granted each time until it reached £5000). Then yesterday had a letter from Marlin saying they now had the debt and I have 5 days to reply to them and fill in a debt planner? There has been nothing paid on the account for 5 years as every month there was high charges and interest on the account, I went in to the branch and told them I was struggling to pay this back as the charges were height and I had money problems, I was given the phone and I spoke to someone from LLoyds in India ?? And they said they would put all charges and interest on hold for 6 months and then review thing which I agreed but the following month I got the same charges on the account so went back again and sat with the same woman and she put me on the phone to India again and this time they said that nothing had been put down that an agreement had been made and I must make the payment to the account??? This is where i stopped paying and changed accounts. Sorry it's long winded but trying to give you the full story. I have had a look around other threads and I think I need to send a SAR to LLoyds but what will I need to send to Marlin I'm a bit confused as this is an overdraft debt? Everyone here are great and all help is grateful and appreciated Thanks mw
  11. Hello everyone, Credit Card-HSBC Bank, currently with Cabot/ Marlin Account Start Date: 01/2007 Opening balance:£2700 Default balance: £2700 Date of default: 06/2010 I think this probably was an online application.. After defaulted in 2010 Metropolitan Collection Service Limited contacted me and demanded high monthly payments while I was in the hospital- everyday calls etc. .. In the end reduced payments were agreed. I was paying them reduced payments (£10 or £20 I don’t remember exactly) on monthly basis until 2013. They agreed in writing in 2013 a monthly £1 payment : Commencing Date 29/06/13 Finishing date 28/08/2096! A few months after the agreement I was contacted by Marlin (Cabot Financial) advising me to start paying them the £1 monthly and providing me with their details. Noddle currently shows owing of £2400. I was contacted by Marlin over the phone recently for a review -I explained that my financial situation is even worse than it was in 2013. They were fine-still happy to receive the £1 .They also mentioned that a full and final settlement can be arranged at 65% discount but they would consider a lower offer if I go to them with one- they said. I sent them a CCA request on 08/01/16 and a change of address letter. They have received my letters on the 9th. Today I received the following letter (file of the letter attached) advising me that unfortunately they were unable to cash the postal order because there was no payee filled out. Please see the attached letter from Cabot. Apologies for the poor quality of the file- I think it is readable. ..but if it is not let me know an I will try again. They also returned my original CCA request letter and the change of address letter??? So I guess I should return these to them. They have written on my CCA request letter with pen: 'ops req £1' and also attached the sticker for sign for service from the post office (I sent the letter recorded)... I have also attached the file of the postal order. Please tell me what is wrong with the postal order? I asked for a postal order and in the post office they told me that the best is to buy a crossed one if I am going to send it to a company, so I agreed!? I did not ask them to put a name on the postal order... Although I left the postal order completely blank at the back- Cabot has written on it my Ref number and something like a signature next to the ref. number??!!!! Please advise on the above? Very much appreciated! Uploaded PDF files -post 3 .
  12. My sister passed away in January and before she died she absolutely assured me she had no debt or credit cards. She said I'd find it easy to deal with her affairs as she owed no money anywhere. There was some money in the estate, but when everything (or so we thought) was paid and settled I wrongly assumed it would be alright to use the money in the estate to pay bills and expenses we'd incurred moving into a flat near her to help care for her. In other words, I was the beneficiary of the estate, being her only relative. She died intestate and there was no need of letters of administration as her bank were happy to pay money in her account directly to me as her next of kin. It was a huge shock when a letter arrived for her 4 months later at her previous address (her partner opened it) from Cabot (Marlin). It seems to be a statement and says she owes £11372.27. We both in a blind panic tried to phone them but they refused to discuss until we send a death certificate. I have sent the death certificate and I assume what comes next is that they will make a claim from the estate. There are no records that I could find at her home of any such transactions, but they say original lender was HFC Bank PLC - Credit Card. It says Agreement date Jan 2000 and says Date Assigned 11th August 2010. I have no way of knowing whether 6 years have passed or whether she has made any payments, no original documents or agreements and no copy of any assignment documentation. I don't know whether the estate can request these? I feel absolutely sick about this as I was only just coming to terms with losing her! I'm assuming the worst and they will have a legitimate claim against the estate and that I will somehow have to find a way to pay the money. Can anyone advise?
  13. Hi, It's been a long time since I needed to come onto this site but it looks like I'm back again. I need help but really don't know if helps going to be possible now. Ok here is what's going on so far. background info For the last five weeks I have been at my mums house, I'm diagnosed with bipolar and things have been pretty bad. I've been back and forwards to the doctor to get help, their mental health clinic and 9 days ago things hit critical mass and the doctor called in the mental health crisis team who have been visiting me daily and will be for the foreseeable future. I live alone and after a massive problem with new meds given to me by the doctor I moved back to mums for my safety. I'm on yet another set of meds that at least has started to let me focus on things hence being back on here for help. My problem Arriving home I have found two letters, the first a notice of issue of warrant of control. Dated 15th March 2016. It states that I owe Marlin Europe I £804. To be paid by the 29th March 2016. Posted on the 18th March. The second letter was hand delivered I have no idea when and this is a notice of first visit, talking to neighbours there was somebody at my door earlier today but the date on the letter is the 1/4/2016. My daughter went to check the house on Saturday and said she didn't see any mail so I don't think it was delivered on Friday of Saturday. The letter also stated I have until 10am on the 6th of April to pay the amount owed. Now the bit I need help with I haven't to my knowledge had anything to do with Marlin Europe, I have no idea who they are, I also have no idea when all of this was started and have had no paperwork from the courts. I have been through everything I've received since Christmas to check to make sure I haven't missed anything. I really don't know if I have any options or do I just roll over accept it and try to come to some agreement with them, but since my income is esa at the moment they can't have a lot. I would be very grateful for any help, this has come out of the blue
  14. It has often been said on here that a claimant cannot claim the above interest if the action is brought under the remit of the CCA. Well section 69 certainly does not say that. Now I know people will say yes but look here The County Courts (Interest on Judgment Debts) Order 1991 This appears however to relate to section 74 of the 1984 act not 69 am I missing something here???
  15. Hi Caggers, I hope you can help . . . thought I was over this lot . . . I had an egg card many moons ago along with other CC's sadly when my printing company hit the wall in roughly 2008 things of course took a turn for the worst. I managed to pay off capital, spoke to barclayshark who said, you're not in arrears so we can't do anything . . . yet . . . i also paid off MBNA and pg's with the bank. I spent almost £30k paying off those and of course there was no more cash left and no income for agreements. Clearly BC and Egg don't listen and thanks to help on here I managed to put those companies back in their boxes and for years I had nothing but the usual threatening letters from various DC's . . . and then came the Talk Talk Hack and the free Noddle credit check and this is where I noticed that my Credit Rating which in April 'ish on experian and the other one was in the green (which i was amazed at) I noticed I was a 1 out of 5 on Noddle?? clicking through I see a CCJ for over £4k and i've now found out it is Marlin and the old Egg debt . . . So what's the next step for me please? I guess contacting the local County Court to get the ruling Set Aside but what after that? I'd appreciate all the help I can get . . I was so chuffed to get a green credit rating earlier this year and now i'm being dragged back into the red again . . .
  16. My friend had a loan with HFC, Marble loans in 2004. A few years ago she sent a CCA request to them but never heard anymore from them. They have been selling the debt on to various DCA over the years now they have got heavy and Restons are involved. They have said they are going to apply a Charging Order to her property. She does not have the original paperwork of the original cca request. They sent a letter before Christmas saying she had until the 22nd December to reply to their request and then they will take her to court. Not sure if things have changed now and you can still request cca or if I need proof of original letter? Should she send a SAR to HFC or Marbles Loan with a hope there is a copy of the original cca request or maybe send a new cca request?
  17. M&S debt (preference account) - CCA Feb 2009 which produced an unenforceable application form, no terms et c - M&S were advised with no acknowledgment of debt from last activity in Feb 2009. Defaulted by M&S Oct 2009, which fell off my credit record Oct 2015. Debt was sold on by M&S in 2012 to Marlin, whom via Restons issued a court claim dated 2 December 2015, for the full amount. Sum is a little over £5k and is the same amount that the account was defaulted for back in 2009. I received the papers on 4 December 2015, I immediately acknowledged via MCOS, AOS submitted 4 Dec 2015 stating I intended to fully defend the claim. I intend to defend on basis the claim is statue barred - but need some help from you guys on how to construct and phrase my defence. Any and all comments and help greatly appreciated. Abby x
  18. Hi caggers, I have received a letter from Mortimer Clarke which I originally thought was to do with an alleged Barclaycard debt but now realise relates to an alleged Egg debt. The letter contains income and expenditure forms and a Direct Debit mandate for me to complete and states that if no reasonable offer if made within 14 days then they will issue a claim in the County Court. I sent a s.77/78 request to Egg in 2010 and received nothing so assumed they had no agreement form to support the demands they were making of me for payment. Should I reply to this Mortimer Clarke letter and if so how? Any help much appreciated. Cheers.
  19. After defaulting on an £18,000 unsecured Northern Rock loan they obtained a CCJ in Bradford Crown Court in July 2009. They then registered a charge on my share of our home with the Land Registry. In October 2009 I was declared bankrupt and included this loan in the bankruptcy. I have made no payments or made contact with Northern Rock or Marlin Europe since then. I was advised that the debt had transferred to Marlin Europe and they are now chasing me for payment. I have received a "notice of application for attachment of earnings order" that looks like it has come from the court but I suspect is another scare tactic from their solicitors, Mortimer Clarke. What is my best course of action? Do I need to complete the form that asks for income and expenditure details? I do not understand how an unsecured loan, sold as that and with the interest rate set accordingly can somehow become secured on my property. Does my bankruptcy not cancel this out? I would welcome any advice as the notice threatens up to 14 days in jail for not replying.
  20. Hi all, I'm being chased by Cabot / Marlin for an old credit card debt (originally an egg card). The amount is in excess of £3500 however I know for a fact that the debt is statue barred because I fell into arrears with all of my creditors in 2008/2009 after being made redundant and haven't made any payments since then. I had six credit cards back then with total debts of £30k+ and managed to get rid of five of them down the CCA route. One took me to court and eventually conceded on a technical point and two were eventually statute barred due to the time it took the DCAs to get their act together. All that remains is Cabot / Marlin. I sent them the standard statue barred template a few days ago and they responded two days later with a letter insisting that the account cannot be statute barred because the statement of account shows payments as recently as 2014. This is news to me because as I said I know that I haven't ever given them any money and haven't acknowledged any debts since 2008/2009. They included a "copy" of the statement account showing numerous payments from 2011 - 2014. This document has to be fake in an attempt to make it look like the debt is still active. The original account number doesn't match my original credit card and the opening balance is the same as the closing balance?! I'm wondering if anyone has any advice on how to proceed? My feeling is that I will need legal advice and take them to court to get this cleared off my record once and for all. Documents attached. Thanks in advance. davie_falkirk
  21. Can anyone help me with letter I got today? Last thing I remember about this Egg debt was when I sent Egg the CCA letters for my contract back in 2009, send both letters since they failed to respond and thought that was the end of it.
  22. Damn! Another one has been snapped up. Cabot Have just bought MCS - Mortimer Clarke. They have now bought all of Marlin Group. Worrying! HERE Marlin Group Own Marlin Financial Services Mortimer Clarke Solictors They were subject to the Channel 4 Documentry on Debt Collection Practices through Dispatches.
  23. Hi Guys Im looking for some advice. I received a court claim from Northampton county court from Restons on behalf of Marlin. I completed the acknowledgement of service and request evidence from Restons which never came. I completed a defence based on I cant defend without see any evidence. The case is now stayed as reston's have not contacted the court. Reston's have now sent me a statement of account and it would seem the original lender has transferred the debt from a credit card, loan and current account into a seperate account and sold the debt. Restons have also invited me to withdraw my defence as they feel my defence has little chance of success. I'm not sure what steps I should be taking now. Should I now be writing asking for copies of the CCA for the loan and credit card? Any advice would be really appreciated. Many thanks Gnarl
  24. Hi. I have a debt with Cabot that I have been paying since November last yr. I got a letter from Cabot and Marlin in the same envelope last year saying my debt has been handed to Marlin to administer on BEHALF of Cabot. Needless to say I just continued to pay Cabot direct not Marlin. Now Marlin have got Weightmans LLP involved also who are working on BEHALF of their client which is Marlin who in turn are working on BEHALF of Cabot. Weightmans are accepting my pay terms, however I have been paying Cabot. Sooooo my question is who the hell do I continue paying? Should I write to Marlin and Weightmans stating I am paying Cabot (which they must know anyway). Don't want to get into a long winded battle just want to pay off my debts (having a fair few others too being paid) and I know who I owe to. Should I just refer payments to Weightmans now or is their a valid legal reason to continue paying Cabot as I have been. Thanks kindly.
  25. Hi Guys Over the weekend I received a letter from Marlin which I have attached to this post, as Cabot are the current Creditor will I send the SB letter to Cabot or Marlin? I have made absolutely no contact with Vanquis, Cabot or Marlin in the 5 years, the account went SB on the 31.07.2009 Marlin are very intimidating by their wording!
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