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todays the day:D

 

although saying that they can produce anytime they get hold of something that they feel is a valid agreement, the debt does not vanish if they cant produce the agreement it just means they cant collect it.

 

you are now within your rights to stop any payments if any are being made, and I would also write to them stating that due to the time limit expiring the account is now in serious dispute, then ignore all letters etc until you either get a letter saying account passed back to the OC or a letter accompanying a credit agreement.

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hi PGH7447, thank you for getting back to me,is there a template letter i can send them,and if they do send a letter with the credit agreement how do i deal with it after today,many thanks for all your help,vincent.:)

 

 

 

i forgot to ask if i recieve any recorded letters off them do i refuse them at the door....??,thanks.vincent.

Edited by jakesdaddy22
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Dont think there is a template letter,

 

Try this

 

Dear morons

 

On *Date* I made a lawful CCA request to *Company Name* which you acknowledge on *Date*.

 

As the time scale for such a request is now passed I consider this account to be in serious dipsute and that any further attempts by *company* to collect said debt will be vigourously defended in court, and take note I will also report *company* to the relevant authoritites which would include but not be limited to TS / OFT / FSA.

 

Until such time as my lawful request is complied with I would remind *Company* that processing of my data is unlawful and that any attempts to pass my personal information to a third party without my consent would be reported to the Information comisioners offoce.

 

blah blah blah

 

---------

 

If an agreement does turn up later we can deal with it then, they basically can provide this agreement any time within the next 6 years.

 

If you get a recorded letter just sign for it, it would only contain an agreement if anything, there is nothing else they can do now.

 

I have been waiting for 9 months for one company to even acknowledge a CCA request, but cant be arsed to tell them :D, the longer it goes on the closer to 6 years it gets

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  • 2 weeks later...

hi PGH7447,i have a card in my door with a slip to collect a registered letter from marlin at the local post office. what do i do know,should i collect it or ignore it, or is there a template letter to send them, or am i in a mess again. it is way past the 12 days isnt it.many thanks for all your help,vincent.

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Yes. If they can't produce the original credit agreement (signed by you) then they can't enforce. They can phone you but other than that there's not much they can do. They only have one solicitor and one barrister they both work part time (you can find out more info via The Law Society). Other than that they have a few legal execs. The company directors also have a company called Black Tip (this is on the net too).

 

The original creditors (banks for example) may or may not send them the original credit agreements. If they don't send them getting hold of them is sometimes really hard for the company that's bought the debt. You could also try asking for a subject access request so they will have to send you all the info they hold on you and this is very time consuming for them. Hope this helps.

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hi pgh7447 and aussieguy,its just a letter asking me to contact them with the threat of taking me to court if i dont.should i just ignore it,or send another letter........?

 

how do i send a subject access request is there a template letter and do i have to send them a fee......?,thanks for all your help both of you.

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wait for you agreement

 

the reason ime asking these questions is that i know marlin by up car credit agreements that are worthless when challenged, yes car for instance

 

when you get the agreement, post it on your thread, minus personel details.

 

marlin are at the bottom of the pile as dca wont touch them

 

but i need to see the agreement.

 

to post your agreement, google photo bucket, its free

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as they are in default of your cca request, ignore

send a letter back to marlin by recorded delievery,

tell them they are in default of your cca request and untill they comply, any form of harrasment is an offence under the addministration of justice act and an offence under the new unfair trading regulations

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Hi

 

If they can't supply you with the original consumer agreement signed by you then them taking you to court is going to be pointless. Their offices deal with bulk cases. That is, they won't take you to court themselves in any case. They will outsource to an agent. They sue in bulk through Northampton court bulk centre for which they have software. Basically all they are sending you are standard letters. If they do produce the original agreement and you get a summons from the court you should request that the case be heard in your local court. You should be able to find templates for this on government websites.

A subject access request is just a request for all the data they hold on you. It does cost £10 though. I think you can ask for one of these if the original agreement was a credit agreement. They will have to send you copies of all the letters they have on their file - this may not be a paper file it may be a computer file. Also, a copy of their conversations with you or logs of what they have done on your case. I don't think you need a template you just write and ask and send the cheque but make sure you make it payable to the correct person: Marlin Financial Services.

 

Hope this helps

Aussieguy

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HI AUSSIE

 

general rule to remember

 

cca request to the dca

 

S.A.R - (Subject Access Request) to the original creditor

 

dca normally have squat on you, not even an agreement

 

jakesdaddy

 

if they have the agreement, post it on your thread minus personel details

use photo bucket, its free

 

i have delt with marlin before, and a lot of agreements they handle dont come up to scratch

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  • 4 months later...
  • 1 month later...

Hi there, I do hope that you can assit me. I recieved a letter from Mortimer Clarke Solicitors acting on behalf of Marlin. They say that I have an outstanding debt to 'credit acceptance' of £7155.52. I took a car out on Hire purchase 7 years ago from credit acceptance. I fell into financial difficulties, as a result of this the company came and took the car back from me. I did not hear anything from them until now. Can you advise me as to what I can do, because this does not make any sense to me.

 

Kind regards

 

Joshua

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