Good Afternoon me and my debts

[fiftypence]

If they don't come up with an agreement and end up closing their file don't forget to ask for your pound back

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Same template response that I had. First in a line of about 4 or 5 letters offering discounts and eventually closing their file when no agreement turns up.

 

Its a step in the right direction though. At least they have acknowledged receipt of your CCA request.

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Devious gits, ignore them.

 

They are being way too presumptuous in hinting at possible legal action, without that CCA it's never going to happen. So why put yourself out and furnish them with anything for a court case that may never see the light of day?

 

Another one for the ignore pile.

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Tentatively is that a result?

 

You bet it is!

 

Yet again Lowell have followed the form book, same result for me and silverfox recently and many others before that.

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Dear Sir/Madam (they have my name at the top of the page but cannot decide the gender apparently - sorry I digress)

Dear Sir/Madam

Further to previous letters sent by Marlin Financial Services asking you to contact them in relation to the above debt, they regret they have not heard from you and have now passed this matter to us for potential (= unlikely) legal action.

Our client is now considering (really?) serving a statutory demand on you to recover the above debt within 21 days on terms satisfactory to our client, a bankruptcy petition may (yawn!) be presented to a court in commencement of bankruptcy proceedings against you.

The consequence of bankruptcy proceedings could be that you are made bankrupt, from which time the Official Receiver could take control of your property and assets in order to sell them to pay your creditors (and we would have no say in how much we receive, oh damn, shot ourselves in the foot there). This can (but probably won't) include taking your car, television, Hi-Fi, mobile phone, bank savings and other financial assets and other items not essential to basic living.

Being made bankrupt could (another yawn) also likely result in you having difficulty in obtaining credit, including anyone you have a credit card or overdraft with possibly withdrawing those facilities (whatever!).

Further information is available at the website below:

hhp://www.insolvency.gov.org.uk

You must contact Marlin Financial Services immediately (now, where's the bin) to discuss a payment proposal to avoid a statutory demand being served on you. Please contact Marlin etc etc etc.

 

The thing is guys, I have a letter sent from them (Marlin Financial Services) to me dated 3rd December 2008 that states;

We refer to the above matter and in particular your recent letter received in our office dated 28th November 2008, your comments have been noted. (thats my CCA request complete with £1 PO)

We do not currently hold a copy of your agreement however we have applied to XYZ Bank for a copy and we will forward this on to you upon receipt.

 

That was the last I heard until today's letter. Presumably they had my £1. PO as well.

 

Any points please on how to respond, must say I feel a little angry at the threats and implied consequences.

 

I would also consider a complaint to the law society, assuming these are REAL solicitors.

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You should also try and phone the person named on the SD (Andy Bartle probably) and make a note of all the times you have tried (and failed) and add that to your set aside, if you can't contact the person named it is reason for set aside. Mr Bartle thinks its beneath him to talk to debtors

 

If by some miraculous reason they put you through all you need to say is you have received the SD and you are preparing to have it set aside with costs, don't be drawn into any other conversation, in fact once you have said those words just hang up.

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Right OK is the SD from Cabot or Lowell? The usual contact name for Lowell was Bartle so either they have changed the contact name or I am guessing its from Cabot? Either way make an attempt at contacting the named person and if you can't speak to them make a note of time/date of attempt and try a number of times and add it to your set aside comments.

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Hello 50p, the SD is from Mortimer Clarke Solicitors (Richard Mathias) representing Phoenix/Marlin/Potomac. They have used all 3 names in correspondence but now all 3 appear together in the S.D.

 

Well same advice applies, try and contact them, if you can't get through mention it in the set aside and if you do get through don't get involved in a conversation just hang up. You don't have to worry about being polite to these people, just say you are having the SD set aside and you are going to pay my costs for doing so, goodbye!

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Sir thank you, I guess it's a learning curve and I am grateful. My worry and concern is that I make a frivolous attempt at defending myself and it gets thrown out.

I have copied a letter suggested by Scab Hunter and modified it to suit the name of the DCA pushing me. I will copy that on to the 6.5 form and would like to take it to the Derby court house on Monday.

Still not sure about calling the solicitor at Marlin though. Wil think it over on Sunday, maybe 42Man will offer a word of advice as well.

Again many thanks.

 

You don't have anything to fear about calling them, they probably won't put you through but if they do just keep it brief (write down what you have to say if necessary), don't let them say a word and hang up as soon as you have finished what you are saying. The purpose of phoning them is not to actually speak to them its to prove you can't actually get through to the person named on the SD, a reason for set aside. In fact if they do put you through you can just ask if the person you are speaking to is Richard Mathias and if it is you can hang up at least you have proven one way or another whether you can contact them.

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Just remember you have the power to end the call at any time by hanging up and there is nothing they can do to remove that power from you, you are in total control. Bloomin heck i sound like a Paul McKenna self hypnosis tape

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Looks like a template response. loved the bit about 'not obliged under s 77/78', oh yeah since when as you have 'bought the debt' . Pillocks! And 'as a gesture of goodwill' ah bless 'em they are so kind!