Marlin outstanding debt Confused

[whitenat]

Hi all, i sent a cca request to marlin on the 21/1/08 for a debt that is about 6 years old i think (its my partners) they replied back today asking:

Marlin bought the debt of gmac.

"In order to process your request, we require proof of your signature, for example, photocopy of your driving license.

Please foward this evidence to out office"

I'm not going to sent this as they shouldn't need a copy of the signature, should i just sit on it until the 12 days plus 30 days is up?

 

I have only done one cca request before and won, but thay never asked for this info???

 

Confused please help.

[Lula]

nope they dont really need it and I wouldnt like to say what they actually want the signature for, if it is over 6 years then the debt is probably statute barred anyway, if they have written to you there and have always written there then they are just playing fast and loose.

 

Hang on there is a letter that you can send

[Lula]

here you go, at the top of the letter put "I ACKNOWLEDGE NO DEBT TO YOUR COMPANY"

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

i look forward to receiving the documentation requested

 

Regards

[whitenat]

Thanks for that, sorry about previous msg, writing in the wrong web pge

[whitenat]

they have sent nothing back yet

[dpick]

Hi I would wait the 12+2 working days plus the calender month before I would do anything. Then if they fail to comply I would send them letter to say that they are in default and you recognise no debt to them.

 

all the best dpick:)

[whitenat]

received the post very late today, and received a letter from them.

 

I sent a letter telling them that they didn't need a signature from me.

 

their reply was

" Before we can procedd your request, we do, for data protection purposes require proof of your identity and signature"

 

 

what now??? do i just sent proof of who i am a no signture.

[citizenB]

Any document you send proving who you are is likely to have your signature on it, isnt it ?.. ie your driving licence / passport ?

[firstwithit]

They are just playing for time, the clock keeps ticking though, there is no requirement for you to furnish them with any other info, down to them.

 

When time is up write letter as suggested in post 6

[B3rty]

Why not send them a signature font from word, I use bradleys hand size 16 in navy colour...

 

Just write saying please accept this as my authorised signature, and remind them the date the account will be in dispute

 

It would be interesting to see what they do with that?

[whitenat]

i, eventully sent them a letter back with a copy of a tax letter showing that i do live at this address and they sent a reply

 

"We acknowledge receipt of you letter, We can understand your reluctance to send us a copy of you signature"

 

and then go on to say that to bring the case to a close we need to have a copy of the signature.

 

 

what shall i do now????

 

the 12 day is well up and so is the 30 days so wah tnext???

[B3rty]

Tha balls in their court, when it gets to the 12+2 and a month put the account into dispute and wait for them.....this is just a DCA way of playing for time

[dpick]

If this were Capital One I would say that they are giving you a load of C*R*A*P or words to that effect just wait it out and if the don't send you anything then send LBA for none compliance.

 

all the best dpick:)

[whitenat]

Thansk for that both of you.

 

The time limit is up so ill wait a bit.

 

Who are the LBA???

[citizenB]

Thansk for that both of you.

 

The time limit is up so ill wait a bit.

 

Who are the LBA???

 

LOL, sorry white nat.. not Who.. what !!.. LBA = Letter before Action. :grin:

[ananya]

Marlin are definitely playing for time, they don't need your signature at all. If they do insist, then sending a printed font siggy would be fine, they can't argue with that

[pmhcfc]

Marlin are definitely playing for time, they don't need your signature at all. If they do insist, then sending a printed font siggy would be fine, they can't argue with that

 

Dont send any signature of any kind, they don't need it.

[whitenat]

Hi all, thier time is well and truely up.

 

What should i sent them now?

[Curlyben]

Nowt.

Wait for their compliance with your request.

The longer it takes the deeper the hole

[whitenat]

..

[whitenat]

thanks 4 that

[whitenat]

hi, Its been a long time but.....................

 

Marlin never got back to me at all last year but I received a letter from a company called BDR (bramber Debt Recovery) who r a trading style of Marlin Financial services (that whats at the footer of the letter).

 

So what i did was request the CCA which they sent back with in the time frame.

 

What should i do now???

 

this debt is well over 6 years old and i thought that they could do nothing if it was that old and i hadn't made any contact with them.

 

Someone please help.

 

Thanks

[cerberusalert]

Send them this if it's over six years old;

 

Dear Sir/Madam

 

Acc/Ref No

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

Print Name do not sign

[whitenat]

thats great

thanks

[lickthewallfatboy]

LOL

 

Branber are Marlin?

 

I got one of those "ring us urgently at this number" DCA "waste-of-time-ograms" from this team of "professionals"

 

looks like I'm going to be earning a few "£12 per letter" fees I'm starting to levy for having my time wasted!!

 

Marlin must be the biggest joke of the lot