Marlin ignored my HSBC credit card CCA request what do I do?

[harlequin10]

Hi

 

Marlin Financial Services have completely ignored my CCA Request which I sent on 18th September 2008 I know they have received it as they have taken the £1.00 off my balance!!

 

They just keep sending me letters demanding payment and asking me to contact them, they are also calling me up to 5 times a day.

 

Today they sent me a:

 

FINAL DEMAND which states that I must MAKE PAYMENT within the next 7 days to avoid:

 

 

Possible legal action through your local County Court which could mean:-

• Judgement being entered against you
  
• An Attachment of Earnings being applied for
  
• A Charging Order being applied for against your property
  

Altenatively, one of our Field Collectors will be instructed to visit your address.

 

Any legal costs incurred will increase your debt and your ability to obtain future credit could be affected.

 

What letter can I send them?

 

Harlequin

Edited November 14, 2008 by harlequin10
typo

[Pinky69]

Just ignore them - it's a standard threatogram. They won't do any of it. They know that no agreement = no enforceable debt.

[42man]

Read this carefully (it will need editing) and send recorded

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (original creditor) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats of legal action I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[harlequin10]

Hi

 

Sorry for my late response.

 

Thank you both for your help.

 

42 man I don't think I'm brave enough to send your letter!! LOL knowing my luck they would produce an enforceable agreement and take me to court!!

 

What about if I send the Account in Dispute letter?

 

Harlequin

[42man]

Send my letter...!! recorded !!

[harlequin10]

Ok 42man I will send it recorded tomorrow!!!

 

Thanks for your reply.

[moneyworries]

I sent 42Man's letter when Marlin didn't comply after god knows how many months of messing about (and trying the Rankine stuff) and I've had approx 27 missed calls to date...I'm obviously not going to ring them even if it would provide some light amusement in this mess but they still haven't done anything and it's been weeks now.

 

They are clueless and desperate and administrate for Phoenix who seem to do nothing but buy up old or unenforceable debts that the likes of HFC/HSBC etc are bored of dealing with. They hope for a quick buck by scaring people but thanks to sites like this we are now more aware and more confident.

 

At the end of the day even if they do by some miracle find the documents they need then they still can't take what you haven't got so play them at their own game - unless you feel you have something to lose... 8-)

[B3rty]

Harlequin10..You need to search Marlin in this forum and see what complete incompetants they are...They make it up as they go along and will threaten everything to get a payment..

 

BTW whats the debt for is it CC or loan?.....this is quite important as most loans generally have a compliant CCA where as most CC dont

[harlequin10]

Hi

 

Thank you all for your replies I get a bit panicky when the word Court is mentioned!!

 

Moneyworries - thanks for your info, glad to hear they like to call you as much as me!!

 

B3rty - The debt is for an HSBC credit card that I defaulted on in 2004.

 

I'm desperate to clean up my credit file, I've got 9 defaults which will all drop off in 2010. I stupidly thought that once they drop off thats it you don't have to pay anymore!!!

 

I am worried that they will add more defaults because I have now stopped paying them as they haven't produced a CCA, can they do this at anytime or is it one default per debt regardless?

 

I have been paying them all token monthly payments on a payment plan that I did myself with the help of National Debtlines information pack, but I really want to pay them all off now.

 

There is no way that I can afford to pay them the full amounts but I might be able to raise enough money to offer them all Full and Final settlement figures, does anyone know when is the best time to do this? do I use the standard template for Full and Final Settlement? By offering them money am I admitting to the debt even if they can't produce a valid CCA?

 

Also, can anyone help me with scanning and photobucket I have been trying for days to scan a CCA from Link Financial and Natwest!!!:confused:

 

Harlequin

[42man]

There is a good guide here Quin - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

[harlequin10]

Thanks 42man I will give it a go!