marlin financial services

[Joshua Kesler]

Hi There, I cannot remember it has been seven years. Now 'Mortimer Clarke solicitors' acting on behalf of Marlin are requesting payment.

 

I dont understand they took back the car. what do you suggest that I do?

 

Joshua.

[postggj]

for a start

 

if it has been over six years since you made payment on this account,

thats either the creditor or a debt collection agency,

the debt is statute barred. end off

 

they can go and multiply

 

no debt

 

i think an account in dispute letter is in order.

ill dig one out

 

this account is so old, they have no chance

[postggj]

to begin

 

send this by recoeded delievery

 

allways print your name

never sign

 

Dispute your liability for a debt where a creditor has not contacted you for over six years

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

[Joshua Kesler]

Thanks very much for your speedy reply. I await the letter you mentioned. I did actually think the same thing but needed confimation.

 

What do you think they will do after I send that letter?

 

Kind regards

 

Joshua.

[postggj]

They Will Either Call It A Day

 

Or Come Up With More Crap

 

Dont Worry, We Have All Been There,

 

These Sols ,i F I Can Call Them That Are Quite Easy To Deal With

[GeorgeNash1850]

Its probably been done to death elsewhere but Marlin were featured in an episode of Dispatches not so long ago. The other company, Mortimer Clarke were basically the same people answering a different phone line.