Marlin's CCA requested been refused!

[confusedmum]

Hi

 

I've received a letter rom Marlin to day which states :

 

Dear Madam

We writing to you with reference to the above debt and in particular your recent letter responding to our Statutory Demand dated !st Septemeber 2008 in respect of the debt.

Due to the account being terminated, under the Consumer Credit Act we are not at liberty to produce the signed agreement.

Please be aware that a High Court Judgement held that once a credit agreement has been terminated the obligation to provide a copy of the agreement in accordance with the Consumer Credit Act 1974 ceases to apply. There is therefore no penalty for our being unable to provide the copy of the agreement and, more particularly, the debt remains enforceable against you.

This full outstanding balance remains due; payment of £****.** must be received in full by us with 21 days of the Statutory Demand, failing which we may proceed with issuing a Bankruptcy Petition against you.

Please contact our offices immediately on 0871 250 1434 to discuss this matter further.

 

 

I have just been looking on this this thread as someone else seems to have had one from them too,

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/159631-marlin-cca-response-quoting.html

 

but my 12+2 days does not run out until the 22nd september, do I need to wait till then to send another letter? or is there something I can send as they are refusing to give me a copy of the agreement???

 

Also how do I get the ball rolling on complaining about them?? I want to make a complaint to OFT, the FOS and also the CSA.

 

Thanks

[Pinky69]

The agreement was not terminated - the disputed account was assigned/sold to Marlin -end of. Insist on a copy of the agreement - sounds as if they don't have one. You can report them to OFT for refusing to provide you with a copy of your agreement on request.

[confusedmum]

The agreement was not terminated - the disputed account was assigned/sold to Marlin -end of. Insist on a copy of the agreement - sounds as if they don't have one. You can report them to OFT for refusing to provide you with a copy of your agreement on request.

 

Thanks Pinky,

 

I have already filled in a complaint form to the FOS, but also want to do one to OFT, I think this letter from Marlin gives me a little more clout for the complaint ot OFT now..... fingers crossed....

 

question though, I did not dispute the debt until Marlin issued a stat demand on me, I never wanted to rock the boat with hfc as they that accepted the DMP but then 18 months later the sold the debt to Marlin.... Will that make a difference in my requesting the CCA ??

[huggy41]

i'd ask them what high court judgement and charge them for letter

[confusedmum]

from reading other posts I think they are jumping on the bandwagon of the Rankine v amex case

[Pinky69]

I wouldn't bother - the High Court judgement is the Rankine case where the agreement they had had been termintaed by the bank - that is totally different from your case. The answer to your question is disputing an account now makes no difference to your CCA request - you are entitled in law to ask for a copy of your agreement anytime. It sounds as if they haven't got one or they wouldn't be trying to onfuse you with legal cases.

[confusedmum]

I wouldn't bother - the High Court judgement is the Rankine case where the agreement they had had been termintaed by the bank - that is totally different from your case. The answer to your question is disputing an account now makes no difference to your CCA request - you are entitled in law to ask for a copy of your agreement anytime. It sounds as if they haven't got one or they wouldn't be trying to onfuse you with legal cases.

 

Thanks pinky, any advice on how should I respond to their letter? because the 12 days are not up yet, should I respond now or wait and then respond with a letter saying that they haven't stumped up the CCA ??

[Pinky69]

You can write to them after the 12 + 2 days is up. Have you applied to have the Statutory Demand set aside????? If not you need to do this immmediately!

[confusedmum]

You can write to them after the 12 + 2 days is up. Have you applied to have the Statutory Demand set aside????? If not you need to do this immmediately!

 

Thanks pinky

Yes I have made the application, My paperwork was all sent to the county court that are dealing with it ( i was allowed to be sworn in at my local court with the affidavit) see my post here on the stat demand http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158492-ive-received-stat-demand-2.html#post1710924

 

I am just waiting to hear from the court regarding the set aside. fingers crossed.

 

I'll wait now till the 22nd sept to send the next letter to Marlin, thanks for that I wasn't sure if i should just send it now cause they are refusing to give me the information, so didn't know if i could use that as their response to my letter, or i had to see it out till the 22nd when the time was up.

 

CM

[laccal]

I am also having probs with Marlin. Any thoughts on what letter I should send. They state they have supplied me with a copy of cca and the complaint in their eyes is complete. They did not send me a cca just a copy of application with no terms or conditions.

 

I am also presuming my next action should be complaining to FOS, i am a bit stuck as this is the furthest i have had to go with anything like this.

 

i am bracing myself for the next marlin letter threatening court action!!

[confusedmum]

hi laccal,

I was issued a stat demand which prompted me to send the cca request, thank you to the advice from CAG'rs

I have just finished my final draft of the complaint I am sending to the FOS and found this post here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html

 

very very useful.

Hope it helps you,

Edited September 13, 2008 by confusedmum
forgot link

[laccal]

many thanks for all the help so far, usually i am quite calm about these letters but for some reason this one has freaked me out (i think it was the legal bit about Rankine)

The cca request has been going on for about 10 weeks but now they say they have provided it (my opinion they haven't its just an application form without the terms and conditions attached ) i am nervous of their next action.

short history of prob

they sent me a copy of a sainsbury application. yes granted it does state credit agreement and yes i signed it but it states that the card conditions of use are overleaf and they cannot supply the overleaf bit!! Also the account number sainsburys originally gave me on the form is not the card number that Marlin are quoting and Marlin do not mention anything about change of card number etc, they do not acknowledge the number on the original application form, so i think i might have a bit of a case!!! what do you think

[confusedmum]

Also the account number sainsburys originally gave me on the form is not the card number that Marlin are quoting and Marlin do not mention anything about change of card number etc, they do not acknowledge the number on the original application form, so i think i might have a bit of a case!!! what do you think

 

In my experience with Marlin they are a law unto themselves over account numbers ( and everything else), I have had 3 different account numbers quoted on their letters which all are just 1 account, I think they assign their own number to it but not 100% sure though. whatever they did do with the number caused a problems with the payments sent to them not being allocated to the account.

[lickthewallfatboy]

they are idiots-absolute and complete

 

they have been wasting paper on me for a year and they clearly have no agreement

 

I don't even dignify their nonsense missives with a reply

[laccal]

In my experience with Marlin they are a law unto themselves over account numbers ( and everything else), I have had 3 different account numbers quoted on their letters which all are just 1 account, I think they assign their own number to it but not 100% sure though. whatever they did do with the number caused a problems with the payments sent to them not being allocated to the account.

 

Marlin are actually quoting the correct number sold onto them by Sainsburys, its just it is not my original number and they can not back track (at the moment) to see when/why it changed.

 

So i suppose you could say they have sent me the wrong CCA (UMM:confused: That just could work)

 

thats the problem (hopefully their problem) of putting the cca on an application form. If the number changes then i suppose they do not have a valid cca for the new one if sold on to DCA. ANY THOUGHTS ON THAT ONE.

 

Just to clarify i have the application with the cca bit but no terms and conditions as they are on the reverse and they cannot find that bit as some nice member of staff back in 2001 stapled something over it when microfiched:D

[Pinky69]

Well now they have problems. They are chasing you for an account you never signed for ( the new number) and there are no T&Cs. They know they haven't got an enforceable agreement so they are trying to get off the hook with rubbish about the agreement being terminated. Stand your ground and if they try to pursue again make a formal complaint to their complaints department - I wouldn't waste my time trading letters with them.

[confusedmum]

I used the letter that is posted here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/160750-any-dca-quoting-rankin.html#post1729202

 

in response to them saying they did not have to supply me with a copy of the CCA I have not had a response yet to this letter.

 

but the 12+2 has ran out for them now, could anyone please point me in the direction of the 2nd letter to send??

 

Thanks

CM

[42man]

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[confusedmum]

thankyou