Online Finance and car finance issue now marlin

[masjntt]

Hiya

 

Im a relatively new to all this lol and guess am just impatient too lol !!

 

I just know how long winded these processes can be and with wanting to try for a mortgage relatively soon am just stressing a little I guess x

 

You said leave it a few weeks, they made the search early Sept do u think they'll contact me say before end of Nov??, just cant see why the threatograms havent started yet.

 

Cheers again x

[postggj]

with me, it has been a few months before contact has been made.

like i said give it a few weeks then come back to your thread.

this is straight forward to rectify

[masjntt]

Thank you, will do x

[oknowihope]

Sorry to hijack this post but I have 2 outstanding debt searchers appeared on my file. They are from a company called cnm they have told me who asked them to search and I have never had any dealings with these people.

I have spoke to them and they say it is regarding a debt i am paying from many years ago through a ccj. I have not missed a payment to the court and have never had any contact with anyone else. Can they just add this search when they have no interest in this debt as it has been through court?

[postggj]

quick reply oknowihope

contact the dca

tell them this debt is being paid through a ccj

tell them to remove these searches from your credit file

ask them why they are processing your data illegally

who passed your data onto themtell them if they dont comply, a complaint will be made to the court

 

any further problems start your own thread as not to confuse

 

good luck

[masjntt]

I purchased a car on finance in Dec 2001 from a car supermarket who provided finance throgh online finance ltd.

 

After a few months i was struggling with the repayments and the car had developed some niggly faults, I tried liasing with the finance company and dealership re returning the vehicle but unsurprisingly got nowhere.

 

I agreed a a voluntary termination and the car was returned after about 7 months. I heard nothing for some time and assumed that was the end of it.

 

In 2005 I was contacted by a DCA chasing payment, I contacted national debtline as I had been made redundant and also had health probs affecting my ability to get another job, I was advised to put my circumstances in writing to see if they would be willing to write of the debt, I did so and they ignored my letter, they sent a few more demands but I ignored them.

 

I received a letter from Marlin financial services chasing me for payment a few weeks ago, I knew that payment wise the debt was stat barred so I sent a stat barred letter. They were able to provide me with a copy of the letter I had written in 2005 meaning the debt is no longer stat barred!

 

I asked for a copy of my CCA and I have received one that although is photocopied I think is enforceable but I do not have access to a scanner to upload it so cannot be 100% certain that it is.

 

Im stuck really as to where to go from here, they are asking for over £12k from me - my financial circumstances are totally different from when I took out the finance and quite simply I cant repay this debt.

 

What if anything can I do and how should I deal with Marlin, they have given me 7 days to respond with payment proposals ..........help x

Edited March 3, 2009 by masjntt

[cashins]

I received a letter from Marlin financial services chasing me for payment a few weeks ago, I knew that payment wise the debt was stat barred so I sent a stat barred letter. They were able to provide me with a copy of the letter I had written in 2005 meaning the debt is no longer stat barred!

 

I asked for a copy of my CCA and I have received one that although is photocopied I think is enforceable but I do not have access to a scanner to upload it so cannot be 100% certain that it is.

 

 

You really do need to get both the letter and the CCA uploaded if poss to make sure that a) It's not still Stat Barred, (wouldn't take their word for it!!) and the doc is enforceable.

 

Have Marlin bought the debt or are they just collecting?

 

David

[masjntt]

Hi there

 

I will try and borrow a scanner and upload the docs, the letter I sent them is in my hand writing and I do remember sending it but havent acknowledged that to them.

 

I presume Marlin have brought the debt, the original debt is no longer on my credit file, it expired last year some time so presume they are collecting themselves.

 

Thanks x

[cerberusalert]

Did you acknowledge the debt in the letter?

[masjntt]

hi yes i did , was advised by national debtline to explain my financial circumstances and ill health and ask for debt to be written off x

[cerberusalert]

Hi there

 

I will try and borrow a scanner and upload the docs, the letter I sent them is in my hand writing and I do remember sending it but havent acknowledged that to them.

 

I presume Marlin have brought the debt, the original debt is no longer on my credit file, it expired last year some time so presume they are collecting themselves.

 

Thanks x

 

If you have a digital camera you can take a fairly decent picture of a CCA if you use macro mode.

[masjntt]

Thank u I will try that x

[masjntt]

**UPDATE URGENT ADVICE NEEDED**

 

I recieved my CCA from Marlin a few days ago. The letter was dated 26 feb 2009. The letter said I had 7 days to contact with payment proposals

 

I have today recieved a letter from Mortimer Clare Solicitors / same address as Marlin Financial Services. This letter was dated 25th Feb and basically says as I have failed to make contact or proposals they are commencing court action within seven days of their letter. This letter was produced the day before the letter that came with my CCA.

 

Am going to try uploading the CCA using pics from dig camera if I can now, any advice in mean time greatly appreciated

Thank you x

[masjntt]

Uploaded CCA Now

[masjntt]

Final attachments

[masjntt]

**BUMP ** - Can anyone help / advise pls x

[cashins]

Don't now enough regarding this type of agreement to help.

 

Due to the insurances on it it MAY fall foul of the regs regarding multiple agreements.

 

I am asking a mod to have a look.

[masjntt]

Thank you so much for your reply and help, am getting deperate lol x

[steven4064]

Thanks cashins for flagging this up.

 

masjntt

 

As far as I can tell the agreement is completely in order including any issues relating to multiple agreements.

[masjntt]

Hi Steven, Thank you for checking it out for me much appreciated x

 

Question now for anyone who may be able to help, how is best for me to proceed with this company. I have no assets etc and am unable to work through ill health. I struggle to meet my everyday bills let alone be in a position to repay this debt.

 

I had reqested that the debt be written off when I last wrote to them a couple of years ago but clearly they are not willing to do this. Im not entitled to any further benefits so how is it best for someone in my situation to proceed ?

 

Thanks x

[cerberusalert]

Given your circumstances I would offer them a token payment, if they refuse and decide to go for a CCJ they will not gain anything because you will be able to show the judge that you had made a reasonable attempt to make an arrangement with this company & after he has looked at your income and expenditure he would only make an order which he felt you could reasonably afford, which could be as little as £1 per month.

 

Also they would be unlikely to try and make you bankrupt given the cost to them knowing that they would not recoup any monies anway. In circumstances like this, creditors have the option to write debts off as unenforceable and claim tax relief.

 

If you look at the letters below, one is an offer of a token payment & the other is asking the creditor to write the debt off;

 

Copy letters c & K from http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[masjntt]

Thank you, i will give it a whirl x

[masjntt]

Hi

 

When I received the CCA I also got a list of transactions which I presume was supposed to be a statement of charges, it isnt presented clearly and some of the figures im not actually sure what they are even for.

 

I havent responded to the CCA letter nor have I heard from them as yet, before I do should I SAR the original creditor and query these charges? The debt is older than 6 years so can I even SAR the OC or should I be SARing Marlin instead. I am not sure whether they own or are simply just collecting this debt??

 

Thanks all xx

[cerberusalert]

SAR the original creditor, they are supposed to keep all data for a minimum of six years after the account is closed.

[masjntt]

Thank u I will do so and write to Marlin and tell them what Im doing - Cheers for that x