Good Afternoon me and my debts

[hillards]

Do any of you have any ideas what their next step might be please?

They could pass the account to another DCA, and they would start all over again - it happens.

So - stop them in their tracks by sending them IdaInFife's materpiece, the Domestos of all letters in my opinion - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

It just stamps on their toes while they are still whimpering... :grin:

[hillards]

...I have read the letter you refer to in some depth and quite frankly it frightens the XXXX out of me. In sending it am I opening a can of worms for myself...

I always remember the expression "do unto others, before they do unto you..."

 

It's up to you, the letter is there if required. If you don't feel happy in sending it then you're not having your arm twisted up your back ('cos we're not debt collectors). Just remember it was suggested when they pass the matter to another DCA though...:-|

[hillards]

...is that a result?

Yep - well done!

 

They have failed to comply within the time limit specified, so cannot bring this back later either - despite them saying "unless the copy of the agreement is received at some point in the future"

 

I would suggest a good letter to send to make sure this is dead and biried, rather than leave it open to be passed to the likes of MacKenzie Hall for anotehr go, but I think that ground has been covered above...?

[hillards]

Just a shame that we're only a small percentage of their throughput - for each CAGger who tells them where to stuff their accusations, there are several more who will have paid up...

[hillards]

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.

Which is why I suggested sending the letter to tell them they have failed to comply, and that they should stop processing your data.

 

Actually, this could be a different matter as the other was Lowell if I remember rightly? No worries, as the same thing applies anyway. You send a CCA request, they fail, you tell them to 'go away', end of - or should be.

 

I'd simply write back and point out that you have their letter (enclose a copy) saying they were looking for the paperwork, but they've run out of time anyway, so they should now stop bothering you!

 

As with any DCA, they are full of COULD and MAY in what they suggest. "Our client is now considering..." Their client could also be considering if thay want tea or coffee, until they make a decision you are not really interested.

 

Just send Ida's letter and shut them up

[hillards]

I do presume you mean the Green letter?

That's the one - the problem with these DCA's is that they need telling how to behave and what to do, or not, next. If you let them run wild, by allowing them to exceed the alloted time to deal with a matter, they start getting silly and asking for money again...

[hillards]

Is that it?

My personal view is that Lowell did not show that they had any legal ground on which to even contact you. They failed to provide any paperwork, by way of a CCA, to back this up, so should not - under the DPA - be processing your data. That should include maintaining reports to any CRA, which they were not entitled to do in the first place.

 

However, that is only my opinion. I am unsure as to what the actual law says, although I've no doubt someone will sort that out soon.

[hillards]

I have already sent a CCA request to Marlin who have written back saying they cannot provide it...

So you're now 'bemused' as to why someone else is following this up - send them a 'bemused' letter based on http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175840-halifax-problem.html#post1900426 and include a copy of the letter that Marlin sent, to back that up.

 

Typical - it's like pass the ruddy parcel somtimes, one DCA is sent packing so they tray to retaliate by doing a swap with one of their buddies - except that is rather naughty of them!

[hillards]

cross posting - sorry hillards; didn't see your post before submitting mine:)

Don't worry about it, better to have 2-3 responses than none.

 

It is a bit strange doing two different matters in one thread as well, but hey...!

[hillards]

Hillards, I did send the solicitors a copy ofthe letter marlin sent me along with a copy of the 'Green' letter you suggested but now I do not know how to deal with this Statutory Demand from the same solicitors I mention above.

 

You've told them to get lost, they're not listening...!

 

There are people on here who know what they are doing with SD's, especially ones issued in dodgy circumstances like this. See if someone can advise you about applying for the matter to be struck out, set aside, or whatever the process is called.