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    • As a rough guess it would be your landlord who would be responsible. But you need to understand the extent of your losses before you can begin any claim. This means that you need to list out any expenses to which you have been put, any expenses which would be associated with repairing damage or cleaning et cetera. And then list out the inconvenience to which you have been put as a result of this. Any actual expenses – money loss which has been incurred already all that is likely to be incurred in result of repairs will need an inspection and to quotations which eventually you will present to the landlord. Even if I'm wrong and it is not the landlord – you will still need the evidence that I have listed above in order to begin any claim.  
    • Hi, I have been renting a three bedroom, top floor flat for six years now in England. Just so you know, there is a letting agent, landlord and a block management company involved. Eighteen months ago we had a considerable leak in one of the bedrooms, affecting the next door bedroom as well but not as badly. This led to a lot of damage to the ceiling and the formation of mould within the first bedroom and to a lesser extent in the second bedroom. As far as we are aware, the leak has only recently been sorted by the block management company(who owns the roof etc…) Just over three weeks ago, a large inspection hole was cut into the ceiling, the workmen (instructed to come by block management) who undertook the work did not put any dust sheets down over any of the furniture, causing an incredible amount of dirt and debris throughout the entire flat, rendering the room unusable. We were left on a Friday afternoon with a gaping hole and no instruction as to what was going to happen next. Only after contacting our letting agent to inform them about the state of the bedroom had been left in, with a gaping hole and bits of debris falling, did they come to do a temporary fix to cover the hole which was after a week. As the bedroom is still unusable. My daughter has for more than three weeks been sleeping in the lounge. The letting agent did offer to get the place cleaned, but we see no point until the job has been completed. My landlord has reduced my rent by £200 for the past couple of months and is now wanting full rent regardless of the work being incomplete. A plan has been put in place, however, we have not been given a timeline for when these will be completed and this could take some considerable time. In addition to this, there was a leak in the kitchen but this was very minor, and we have a major condensation issue in the bathroom as the extractor fan is apparently not strong enough so the ceiling is covered in mould which is now being revealed as the paint is flaking off. The problem we have is that the building (roof etc..) is managed by a block management company. My letting agent has basically said that the damage is the responsibility of the block management and this nothing to do with the landlord, and therefore, does not want to give us any compensation. What are my rights as a tenant in this situation? Am I entitled to a continued rent reduction or additional compensation given the ongoing uninhabitable condition of the bedroom and the disruption this has caused? I have attached photos as supporting evidence and would be very grateful for your advice. https://imgur.com/a/yfm4FP9 Should you require any further information, please let me know. Thanks in advance! 😁👍
    • I have just read it again and I see that you say that you are going to be claiming for time and stress. This is not recoverable loss so I think that you should leave it out.  
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marlin finacial services


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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?

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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"???

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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 by OnMyWayOut
Sorry FozzyBobble - I meant FuzzyBobble!
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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.

  • Haha 1

Just hate every DCA out there

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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?

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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.

Just hate every DCA out there

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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?

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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?

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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.

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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.

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  • 2 weeks later...

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!

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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??

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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.

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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???

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