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MBNA to Marlin - not sure what to do


linz2011
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Hi Guys

 

I had an account with MBNA - I sent a CCA request to Marlin who MBNA sold it to and they sent back a practically black (illegible) application form - I sent CB's letter saying it failed to comply blah blah and they have written today to say that they have provided me with a lawful document and as the account has been sold they will not enter into any further correspondence regarding this?

 

What now??

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If its unreadable and an application form (and not a credit agreement) it doesnt sound as though it is enforceable in which case you dont realy need to do anything, unless of case you want to, they have no right to pursue you for the money, just to be certain if you can scan a copy of it and post it up blank out your name and any account numbers though

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Did they put any collection charges on your account? Might be worth S.A.R. ing and reclaiming anyway, if they were more than you owe

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi

 

The Agreement has to be readable under the copy docs regs 1983.

 

Is the account still at Marlins. If so its up to them to produce the agreement.

 

Ive just had one passed to this marlin. They dont know whats going to hit them with us Caggers!!

 

HAK

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  • 4 weeks later...
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Well if it has no prescribed terms on the application form they cant enforce it anyway.

 

I would send something like the below about the copy. Also I asume they have not sent you the original terms and conditions as well.

 

If there is no perscribed terms also mention this in the letter.

 

Thank you for your letter dated 30th October. I take note of all your comments raised in the letter but my request under section 78(1) on the Consumer Credit Act 1974 is still outstanding.

Firstly the agreement is unreadable. The copy is that poor it is impossible to make out any of the wording. Under section 2(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 it states the following:

2. -(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

 

 

Secondly section 78(1) of the Consumer Credit Act 1974 states what information shall be sent with the request. This is the agreement and any other document referred to it. As you have not supplied the original terms and conditions that were issued at the same time as the application form, again the request remains outstanding.

Section 78(6) is very clear and states the outcome if the creditor fails to comply with section 78(1) these are:

(a) He is not entitled, while the default continues, to enforce the agreement:

(b) If the default continues for one month he is commits an offence

As you have not complied with my request by sending me a copy of an application form that is unreadable and no original terms and conditions LTSB have committed an offence reportable to Trading Standards, FOS and OFT.

Please can you send me a copy of the agreement that is readable and the original terms and conditions. If you fail to do this within 14 days I will have no choice than to report you to the above authorities.

I have enclosed extracts from the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 and Consumer Credit Act 1974 for your information.

 

Good luck

 

HAK

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thanks HAK i will post up the app form sometime tomorrow and get it checked out but it is definately illegible - will see what the response is then send that letter to them

 

Many thanks:D

  • Haha 1
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Hi, I wouldn't believe anything Marlin say!

 

If everthing they told me was going to happen had come true I would be living in a cardboard box in a shop doorway by now!!!

 

In your first post you say that Marlin wrote to you saying that they had provided a lawful document and as the account had been sold would not enter into any further correspondance regarding this. Now Marlin are recommending to their client (mbna) to issue a bankrupcy order. If Marlin told you they bought the debt and now say mbna are their client then clearly they have lied to you!

 

I would keep all correspondance and prepare a complaint to Trading Standards. I think Marlin are in for quite a busy time in the near future with all the complaints that are going to be coming their way.

 

Hold your ground and don't be intimidated by them!

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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  • 1 year later...

Marlin/Mortimer Calrke are of course one and the same company

Mortimer Clarke pretends to be a solicitors whereas Marlin is the tooth and claw side of the operation.

Let me tell you how viscous these evil bastards are:

I defaulted on an MBMA card and thge debt was sold to Arrow Global whom I suspect is simply yet another name for Marlin.

I received notice of a charging order on my house and then a procedd to force a sale of my property that is paid off in full after over 30 years of damn hard work.

The only option I had to stop this was to pay them an immediate 25% of the debt abd then £270 odd a month

At the stage they got it to force the sale they got a drive by valuation done on my property - remmeber they dont care they will sell your house for sweet fa just as long as they get their money - this valuation was 20 count 'em 20, 0000 pounds less than a real valuation. Suffice to say that the local valuer is now in fear of his life after conversations and visits from some "friends" of mine. He undevalued it so he could effectively buy it himself and then sell it which I know is a side issue but when you come into the jaws of Marlin/Mortimer Clarke is a potential threat you have to allow for.

These bastards anmd they really are evil bastards have no shame no comapssion you are just cattle to them. Unlike other companies they are totally unbending I genuinely hope that some of their staff I have spoken to end up in similar circumstances.

The result of this is that I now have an agrteement to pay them £270 odd a month but when I rang them was told no agreement had been written up as they didnt need to

I am genuinely fearful I have contested the valuation of the property by showing evidence of similar properties in my area but urge anyone dealing with these evil people to be very careful.

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Absolutely 100 per cent genuine mate.

The undervalue valuation may be a side issue which Ill come back to but putting that aside for now Marlin?mortimer Clarke do threaten and appear to go ahead with trying enforced sales once they have attached a lean on the house.

The valuation was done by a supposedly reputable firm of estate agents and is a clear undervaluation the reasons for that may range from a genuine mistake down to inexperience through to skullduggery in this case I believe it was underhand and I saw the valuer with a couple of friends and we had words, valuers must surely be tempted when they get these drive by valuations to realise that the person is in finanmcial trouble and be tempted to turn it to their advantage most estate gaents for example have either aletting side to their businesses OR know local landlords who will buy immediately if the price is right that is clearly what I think this chap did.

As regards Marlin I did not know that Marlin and Mortimer Clarke are one and the same until I made a payment to Mortimer Clarkes and it showed as marlin on the cashtill print out a couple of days later ( bare in mind I hadnt seen the Channel 4 programme!)

I do not know if Arrow Global is another side/name to Marlin but suspect it is.

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What I don't understand is how they managed to get a charge on your house - most of this site revels in the fact that the credit firms usually struggle to get a ccj let alone a charge on property.

 

Shouldn't this be scaring the hell out of everyone on this website?

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I don't know about scaring people fact is they got their order in March like an idiot I had my head in the sand I saw NO SITE of any documents - infer from that what you will and nect thing was a letter stating that they were going to apply for a sale of the property. At that point I replied with an offer received no reply from them and next thing was letetr with valuation in post to me.

I am not scaring attempting to scare anyone what i am saying is these people are quite devious and do use the law to their advantage

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Maxfan, why don`t you start your own thread on this? This is really interesting, to say the least.

 

Surely, they can not be allowed to do what they did without an agreement, or did you simply not respond and challenge these parrassites?

 

I`m sure there are alot of people on here who would be willing to see exactly where you stand and help you fight these gimps.

 

Start a thread and paste a link back up here.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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the documentaion I got through was very heavy

At the end of the day i had got my head down in the sand over it I just could not find any way to deal with them on the phone and couldnt risk my house

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I understand that - are you saying you were naive to what was happening? if you never recieved the court documents it is an ideal opportunity to get a set aside - it is a shame you were not aware of this site prior to it happening - did you not receive any documents from the court?

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mortimer clark is marlin

its just prostituting its name for a fee

mortimer clark are realy quite pathetic

helping out a pal as well ref mbna

they tried summary judgement

got that threw out

waiting any day now for a phone call saying they have with drawn

 

they are pussy cats in wolfs clothing

 

dont let them upset you, thats what they want

 

we are all on the forum to help and advise

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