marlin finacial services

[waddy]

hi to anyone who might be reading this and thanks in advance for any help you can offer. im new on this site so forgive me if this is in the wrong place.

i have a debt for car finance via a hp agreement taken out originally in 2002 in my name but was for my then partner. we split up he took car, i never made any paymrnts and neither did he. the car was reposessed and i heard nothing more. i offered to pay instalments in march 2003 but never did and heard no more about it. all was forgotten as my ex then died and i concentrated on clearing all our debts i had been left with. the car one never showed up on any credit ref files so i honestly didi forget it.

then in may this year i got a letter from MARLIN FINANCIAL SERVICES demanding payment.

at first after advice from forum on money saving expert thought it might be statute barred but turned out its not.

marlin just wont compromise at all on payments they want (72 per month) despite providing them with budget sheet from NDL and explaining that at present i cann only afford £36 a month but that this is only for the short term.i have sent one payment up to now out of goodwill but they still wont budge.now threatening court action which i really dont want as i have no ccjs and any defaults i did have will all be clear as of next year. any advice please?

[OnMyWayOut]

Get them to prove they own the debt as a starter. You can do this using the standard prove it letter found on many threads here, or by requesting the CCA (Consumer Credit Agreement), again using the standard letter. Enclose a payment by Postal Order of £1 and do not sign the letter. See what turns up.

[waddy]

thanks onmywayout but i think they have done this as i requested a copy of my cca and they did send it. just hate that after taking all these years to clear my debts and name they might "blacklist" me all over again. have read the OFT guidelines on dcas and think they might be classed as harassing me as despite my offers and proving i cant pay more they wont accept.think this is referred to as "deadlocked"???

[OnMyWayOut]

Borrowed a copy of a prove-it letter from FuzzyBobble: -

 

Fill in the details to suit...........

 

Dear Sir/Madam,

 

Account no: xxxxxxxx

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

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

 

(Your Name) Print do not sign

Edited August 5, 2008 by OnMyWayOut
Sorry FozzyBobble - I meant FuzzyBobble!

[OnMyWayOut]

Sorry, posts crossed over. Is the CCA they sent enforceable? If you need help, post up a copy with personal details and and extra markings removed.

[waddy]

yes unfortunately it is. it has all the relevant details, total sum of credit, cash price, payments, APR etc etc.

[pmhcfc]

yes unfortunately it is. it has all the relevant details, total sum of credit, cash price, payments, APR etc etc.

 

If it did go to court then Marlin's know that the judge won't make you pay anything more than you can afford - especially after you've provided marlin with an incomings/outgoings list. In fact, the judge would look down on Marlin's for even taking it to court.

Personally, I'd call their bluff, and say to them, "Ok, if you think a judge would force me to pay more than I can afford, then take me to court."

In the same letter, I would inform them that I was reporting them to the FOS, OFT and anyone else that should be told that they are trying to force you to make higher payments than you can afford.

[waddy]

thanks, i was inclined to do this and call their bluff but from past communications with them i think they will take me to court. i wrote in one of the NDL letters informing them that under OFT guidelines the judge would frown on them for taking it to court after id offered several times to resolve this without court action. iv kept copies of all the letters iv sent so i do have proof.

my only reluctance is that i have a fixed rate mortgage that ends next year and would be looking to move this , i dont want a ccj affecting my chances of switching. its so unfair because as iv already said my credit file is completely clear of any defaults next year, iv worked so hard to keep on the straight and narrow after my partner died and now this might all change. does anyone know if this ccj would seriously affect my ability to get new mortgage or will i be ok?

[waddy]

my other thought is to just pay what they want to the detriment of something else in the short term???

[pmhcfc]

my other thought is to just pay what they want to the detriment of something else in the short term???

 

NO- Do not do this, you'd only be allowing them to bully you.

 

Even if Marlin applied for a CCJ, you can defend it - saying you have made several attempts to resolve this matter without it going to court, and you can produce the evidence to support this.

 

CCJ's can obviously make it more difficult to obtain credit but I'd be surprised if Marlin applied for a CCJ - especially if you are making payments to them at the moment. You said you've made one payment- well if another month has passed then make another, and another in a month and so on. BUT only make the payment for what you can reasonably afford and NO more. Don't pay by card or Direct Debit though. Standing Order, cheque or Postal Order is the way to do it.

[waddy]

Am I Correct In Thinking That If They Did Take Me To Court The Court Would Not Neccessarily Grant A Ccj If I Can Prove Iv Tried To Resolve This? Or Would They Likely Grant The Ccj But At A Payment I Can Afford?

[waddy]

hi anyone, in one of the previous replies pmhcfc said to report marlin to FOS , what is this?

[purpledelly]

hi anyone, in one of the previous replies pmhcfc said to report marlin to FOS , what is this?

 

Hiya

 

FOS is the Financial Services Ombudsman - the regulatory body (one of them) for debt collectors and other financial institutions.

 

This thread may help (look at first few posts)

[waddy]

also have been reading some of the other threads and not sure i understand. the cca i was sent by marlin was a photocopy, should this be the original copy and not a photocopy to make it enforceable?

[waddy]

thanks purpledelly

going to be an uphill stuggle i think!

[OnMyWayOut]

also have been reading some of the other threads and not sure i understand. the cca i was sent by marlin was a photocopy, should this be the original copy and not a photocopy to make it enforceable?

At this stage they will only send you a copy, but as I understand it they need the original for court action. The copy you receive must be fully legible.

[waddy]

thanks onmywayout.

the copy is legible i suppose. iv sent another letter to marlin today reiterating everything iv already said. i.e. original offer of payment still stands, that this is hopefully only a temporary solution and hope to pay more soon, to stop asking me to telephone on their premium rate number i will only contact them by letter, to respect that i work shifts including nights and so may require extra time to reply to them, to reconsider my offer as it is all i can afford at present, they are bullying me by continually demanding more, that the court would frown on them for taking it to court if they did as i have tried everything to settle without court action, that i am forwarding complaint to OFT and FSO because they are making me ill with all the stress and undue harassment.

[waddy]

reported them to fso 3 days ago so hopefully might get a good reply. they are sending them a letter on my behalf asking for them to accept my temporary offer of payment and stop court action. we shall see!

[saintly_1]

Have they actually started court proceedings or are they just threatening it ?

[waddy]

hi saintly one

they are just threatening it but seem very persistent or am i just being naive and believing they will go through with it?

[Bridezilla]

Hi all,Wonder if you can help. My dad has received a letter from Marlin regarding a car he had on finance in 2001. He handed the car back on 01/10/2001 and heard nothing else until a couple of weeks ago. He has now received several threatening letters - one threatening bankruptcy regarding the original car loan. They are asking for GBP5158.65!! Can they pursue a debt that is almost 7 years old? When my dad handed the car back he was under the understanding that he would hear no more as he had paid half. Until now he still believed this was the case. He has not responded to any of their letters but their last one was extremely threatening. Any advice??

[waddy]

hi bridezilla, firstly i know my thread is also about marlin but i think you really need to start a new thread or we are all just going to get confusing information.

anyway do you know when the last payment was, if its more than 6 years and no communication of any kind also then i think it may be statute barred but im sure others will help.

[waddy]

just out of interest the letters i first received from marlin were just from them re my account number and now they are signed from "litigation section" at marlin and also headed " MCE PORTFOLIO LTD v my name". do you think this is just to try and scare me or serious???

[OnMyWayOut]

It's normal practice for them - it makes them think they are important!

[waddy]

thanks onmywayout, thats what i thought but nice to hear someone else say it.