Marlin claimform - HSBC OD debt ****SETTLED VIA MEDIATION****

[111253]

No popint in lookingfor any logic from Marlin since they add costs arbitrarily and seem to think a CCA request is an optional duty for them. They rarely show one and so I would be reluctant to continue payments that are not being countwd against your purported debt in the absence of their cooperation

[111253]

MY view is that since they cannot supply a CCA you maybe best to just stop paying them, they are indefault of your CCA and SAr requests and obviously the account is in dispute, they are not crediting your payments, and contrary to regs about acounts in dispute, they are adding charges.

 

Send one of the site letters (I,m sure someone will know which one and can post a link) and see what hapens. NO CCA- NO ENFORCEMENT

 

Good luck

[111253]

As far as I can see they are acting to type, and blustering again. Just reply that since they have sent you no documentation that they can rely on to enforce your agreement, it is your intention to stop paying them until they can. even if it is an overdraft they have to provide a compliant agreement so that they can pursue you. Once again though I hope an expert from here can provide the template if there is one for this situation. I,m in court in November with Marlin, so will be able to let you have first hand accounts of what transpires.

[111253]

Thats interesting, are we sure they do not have one under Mortimer Clarke or Phoenix?. If they are collecting without a CCL, then they are committing a criminal not just a civil offence - It would be nice to see them hit with this!

[111253]

Hey Crafty Girl, If they were so confident they would have gone ahead straight away. Don't be intimidated by them, and you can find the answers on CAG for Marlin, they are all in here. The fact you are still paying means nothing.

 

Best of luck

[111253]

HI Crafty Girl

 

I hope you are happy with your result. Sometimes its sensible to reach a settlement even if you know you will win in court.

I've made a settlement in my two cases with Marlin. IN my case it made sense for both of us.

Marlin knew they could not win the right to enforce in court, and I knew that even if I won in court and they could not enforce, the debt would still remain, even if not enforceable.

I was lucky that a relative helped out and I was able to offer a 10% full and final settlement and removal of defaults (I had corrections on them anyway), and Marlin were able to accept, as its better than the alternative which may have been £1 per month at the most, even in the unlikely event that they won. Sometimes its wiser to yield and win the war than push your advantage to the limit and only win the battle