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Marbles to Aviemore Funding


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I've had a Marbles card for a few years and, although I still owe about 6k on it, since I got into financial trouble a couple of years ago I haven't used the card once but have continued to make regular payments on it.

 

I pay twice the minimum amount each month but of the payments I make about half of the amount is interest so if I pay say £300.00 I lose £150.00 due to interest.

 

I'm not very good at understanding APR but in this letter it seems that it has gone to 32.9% which I'm sure isn't good.

 

I expect they have checked my credit file and found that I have three cards that I did default on and think I will default on this one too.

 

I can't move the balance to another provider obviously so am I now going to be paying this account back forever as with a raised interest rate I will be swimming against the tide.

 

Any suggestions?

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If you already have a few defaults on your credit file, then send them a CCA request. I've yet to see a Marbles card with an enforceable agreement. So nothing to lose really. Apart from £4k and any kind of friendship/"help" from Marbles that is. :rolleyes:

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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They should have frozen the interest when you got into difficulties. M&S did with me and suddenly out of the blue they have charged me interest which has totally wiped out all the goodwill payments I have made in the last two years. Fools.

 

If you haven't found it yet the letter you need to send is letter 'N'

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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marbles have passed all their accounts to aviemore, who then send out a new agreement, personnaly I would not sign the new agreement and cca marbles, quite a few have popped up on here with similar tales of the extoriante apr of the new company

  • Haha 1
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Thanks for your replies, Fuzzybobble,you make me die:D

It's so annoying that the few debts that haven't gone to DCA's I've been paying over the required amount to get them cleared once and for all.

 

The DCA's will have to wait though.

 

I received a new agreement that looks as though it contains everything it should so I won't be posting that back,thanks for that bit of advice PGH.

 

http://img.photobucket.com/albums/v140/Westendwendy/aviemore1.jpg

http://img.photobucket.com/albums/v140/Westendwendy/aviemore2.jpg

 

I'm really not scared about taking on Marbles as I am completely up to date with my payments so I will CCA them and let you see what they send.

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It's no good dying because of Fuzzybobble.

 

He's dead himself but it doesn't stop Moorcroft from chasing him.

 

SH

 

Actually they stopped calling me a few days ago, but after 5 previous outings with me, I think they may have noticed something's not quite right. :rolleyes::p

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Only one's here about to die are Aviemore, as they don't have a CCA. Just some random terms and conditions that could apply to Prince Charles or his waste of space ginger son.

 

Welcome to the unenforceable CCA club WestEndWendy. :D (I have a time machine and can predict the future.) ;)

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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I do have a good feeling about this one,I know Marbles aren't too clever with CCa's but wasn't sure about the stuff Aviemore had sent.

 

Mind, being as I don't intend signing it I think they may be stuffed.

 

I'll be good though:rolleyes:,I'll send them the minimum amount on my next statement while I'm waiting for a reply to my CCA request,see what comes and then it may be on to Plan B.

 

If they hadn't done this I would have quite willingly carried on clearing this debt but,as it's Christmas I may just have a bit of fun.

 

Who fancies a game of Marbles - behind the 8 ball.:D

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I find it amazing that the DCAs put pressure on people who are paying which then causes them to look for more information and stop paying because they find the debt is unenforceable. It got me out of a big mess and many others as well. Are these people totally thick?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 3 months later...

OK, this is getting silly now!!

 

I sent a CCA request to Marbles way back in December but have received no reply,not even an acknowledgement of my letter.

I must admit I've let this lie since they transferred to Aviemore and did pay the minimum amount last month, but paid it directly to Marbles against my old account number.

 

Anyway, today I've received my latest statement only to find that firstly they haven't cancelled the ppi payments as I'd requested and secondly,I now owe £26.45 more than I did last month.----------AArgh.

 

So, what do I do now? CCA Aviemore and hope I get a response this time or send the account in dispute letter.

 

Looking at the estimated interest for next month plus the ppi thathasn't been cancelled my next pyment will raise the balance by around £28.00 again so instead of clearing the debt slowly it looks as though it will be rising again.

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  • 1 month later...

I've finally received a reply from Marbles/Aviemore,first they're saying that they can't provide the agreement and in the next breath they say that they aren't obliged to - what sense does that make?

 

Any idea of the three things that they aren't obliged to supply?

 

They enclosed a copy of their current T&Cs but I don't think that's what I want.

 

I've been paying the minimum amount on this account for ages but am just about paying off the interest so I'll be in debt until I'm pushing up the daisies,any advice would be welcome.

 

http://img.photobucket.com/albums/v140/Westendwendy/CAG/marbles1.jpg

 

http://img.photobucket.com/albums/v140/Westendwendy/CAG/marbles2.jpg

 

http://img.photobucket.com/albums/v140/Westendwendy/CAG/marbles3.jpg

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looks like they are missing the all important bit that has your signature on it. If they had it they would have sent it. They've had long enough to provide it too.

 

Welcome to the unenforceable CCA club. :D

 

Best to send them the account in dispute letter and put the money you were paying them towards more useful things.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Thanks for your reply fuzyybobble.

I knew that Aviemore wouldn't have anything as when Marbles transferred the account to them they did send me out a new agreement and card with a different account number.I didn't sign the new agreement b ut I did expect a letter to say they were going to retrieve the original from Marbles,which they haven't done.

 

Would I still be safe sending the 'Account in Dispute' to them now as I don't want to do the wrong thing?

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Yep, no reason why you shouldn't send the account in dispute letter to them now. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Wendy - this is where you will have to be mindful that they Marbles may default you. There are effectively two options that you may go down..... let me explain why

 

The agreement provided is reconstructed which is allowed under the SI 1983/1553 and is also compliant however you don’t know if this is a true copy of the agreement you signed and is the typical way that creditors try to stonewall you, if the agreement is a few years old its likely they don’t have a copy on file, in fact their letter almost admits this

 

Technically they haven’t complied with the requirement and you could put the account in dispute this could result in a default, potential legal proceeding and/or the account being sold to a debt collection agency without really knowing where you stand as they may have an executed legally binding agreement tucked away on file.

 

Or…

 

You could take the longer view to get the copy agreement and know for sure where you stand by using the Data Protection Act to get a copy under a Subject Access Request, This takes 40 calendar days costs £10 and will provide every bit of data they hold on you ( Use the Subject Access Request Letter)

 

Should they provide a copy of the signed document and it’s the same as the reconstructed copy then they have a legally enforceable agreement, however if they don’t you are in a very strong position as they have sent you a document that’s legally binding under CCA1974 s.172 which is not a true copy of the signed agreement and therefore a severe breech of the CCA and will put you in a strong position in getting the debt written of or a reduced full and final settlement.

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Hi wendy thats the same agreement has the one i got..was defaulted on a marbles card in 07 08 ...the agreement has a new number and is owned by halifax so i can see..ive ask robinsonway for my original agreement i had with marbles with the account number i had with marbles... a new unsigned agreement with a new account number is no good to me:) they wont get very far with out the original one that i signed back in 2005

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I haven't paid the last payment due and have been waiting for Marbles to contact me,sure enough,they did yesterday - seven calls to my home phone and four to my mobile and they phoned my office number for the first time today.

 

I'll wait for the letter to come and then send the 'Account in Dispute' letter.

 

All still with Marbles at the moment.

 

they returned to marbles/halifax now in the hands of capquest who will be getting a CCa tomora

 

If you have already CCA'd RobinsonWay there's no need to send another pound to Capquest,just send the 'Account' in Dispute' letter.Capquest shouldn't be chasing you if you tell them that the account is in dispute with RW.

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