Mrlin Financi, no CCA no proof of sale, what can i do?

[sasperello]

I have recently asked Marlin Financial for a CCA for a 9 year old debt they are chasing. As the debt was for a car i also asked for a proff of sale price as i surrendered the car to pay off the debt when i got into trouble witthe payments. They eventually sent me a copy of the CCA but over the legal time limit specified. I informed them about this but they have since written back to me saying that the 12 day CCA rule does not apply to this debt as the CCA was cancelled in July 2001! They have also not sent me a copy of the proof of sale so the final

Where do i stand now? Does this mean the debt is no longer valid or am i stuck with paying for it since they have presumably brought it from the origoanl people.?

I'm really stuck as to what to do as they are constantly phoning me on a daily basis and even texting me to contact them to arrange payments.

Can anyone give me an idea what to do?

[eastendboy]

If you have not made a payment or acknowledged this debt for over 6 years (9 you say) then it is statute barred, end of!

 

That does not write the debt off, but it does mean that it is an unenforcable debt so they should cease all debt collection activities.

 

Send them letter M from the letters library and that should do the trick.

[sasperello]

I have made a few payments at a time when i wa splitting from my partner and was in debt alot. They caught me on the hop i suppose and didn't know what i was doing. However, since then i have got my act together and am now contesting the amount and the debt itself.

 

Have i made a complete pigs ear and now have to pay?

[OnMyWayOut]

How long between stopping the original payments and starting the new ones? If it is longer than 6 years (5 in Scotland) then it is still statute barred and you can safely stop paying.

[postggj]

how long ago did you make the payments

[sasperello]

Three months ago. I paid about 7 payments.

[OnMyWayOut]

But what about the last time prior to that?

[postggj]

still statute barred, even though you made payments

 

tell dca this and bog off

[postggj]

bit short on that answer

 

once a debt is statute barred, thats it

dca thought they were on a winner when you acknowledged the debt,

does not matter, as long as no payment, acknowledgement in previouse six years

[postggj]

just curiouse

 

you say car finance

this is not yes car is it

marlin have a habit of getting these accounts

 

by the way

yes car credit agreements are crap any way

[OnMyWayOut]

Send them this, edited to suit. Print your name at the bottom, don't use your normal signature.

Dear Sir

 

Acc/Ref No

 

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 before the current payments started up again. Restarting payments after the six years is up does not override the Statute Barring of this debt. 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,

 

PRINT DON'T SIGN

[postggj]

onmywayout

 

beat me to it

[sasperello]

It still gets me this one. Why would they send me out a copy of the CCA and then say that it was cancelled back in 2001? Are they just humouring me or really trying it on?

 

Plus, they have still failed to provide proof of sale for the car that i surrendered (it was GMAC online car finance) and so the amount owed is questionable anyway.

 

As the CCA was cancelled does this also mean they have no means of taking me to court over the matter?

 

Finally, their continued harassment by phone and text is drivig me crazy. I've sent the usual letter asking them to stop but they keep on doing it. Is there anything else i can do?

 

I will now send them another "statute barred" letter as advised.

 

Many, many thanks for all yor help on this.

[42man]

Send out the stat barred letter by recorded delivery......if they continue to phone / text you, then you need to write down all the times and dates they call....as you could potentially take them to court for harrassment...this is what the OFT say

 

Psychological Pressure / Harrassment

 

2.14 (b) -

• 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.

[sasperello]

Thanks again. More phone calls and text messages today. It really is driving me nuts. Part of me wants to phone them and give them a mouthfull! I need to keep calm i suppose.

[42man]

Send them the letter by recorded....then if they keep calling you write down ALL the times and DATES they call you...then complain to the FOS...(who will charge them £450 to investigate your complaint)

[sasperello]

Many thanks for that. It does wear you doen though..

[sasperello]

Who can i complain to about them as they are harrassing me by phone and text message on a daily basis.

 

Can anyone help please?

[42man]

Once you have sent them the harrassment letter, write down all the times and dates they call....if they persist then...

 

Cancer patient sues the Halifax for harassment after 762 calls about loan - Times Online

 

Halifax harassment case settled out of court | Money | guardian.co.uk

 

you could take them to court as the 2 above did....

 

Certainly complain to OFCOM, Trading Standards, and the OFT and your local MP

[sasperello]

Latest update.

 

They have completely ignored all my letters and are threatening to pass on my details to a company called Scotcall for door to door collection. Who are these people and should i be worried?

 

They are still phoning me about it though. What should i do as i am really worried that someone will turn up on my doorstep demanding loads of money from me.

[42man]

If they do send it to Scotcall then send them this ...by recorded delivery

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

 

And keep writing down the times and dates they are calling you....TAKE THEM TO COURT if you can....certainly tell Trading Standards, the OFT and the FOS...

[palomino]

Scotcall do door to door collections but they aren't very good at it. I've had several notices that they are coming but they have never arrived. Perhaps they got lost.