Marbles to Aviemore Funding

[babydoll0141917]

Hi wendy

 

Robinson way have passed it back to marbles /hailfax thay not dealing with it any more, shall i still send the account in dispute letter ?? .Halifax have sold to capquest now

 

When did you take your card out ??

[westendwendy]

I took my card out around 2001 if not before,I really can't remember.

 

If you have already sent a CCA request to RW that they haven't complied with within the 12+ days this will put the account in dispute so I would have then sent the 'account in dispute' to RW.

 

Did you originally CCA Marbles?

[traceyb918]

Good to know so many people in the same situation.

 

Tracey

[babydoll0141917]

Hi Wendy Rw was sent (account is dispute letter) i also told them that they sent me copy agreements of 2 other ppls account..told them i was gonna report them to the appropiate ppl about data protection,,Once i put the account in dispute RW sent a letter saying they were sending back to original Creditor ..Now it has been assigned to Capquest..If RW have sent it back to the OC is it still in dispute with RW and do i tell Capquest this ?? No never CCA marbles has they put me on a payment plan in 2007 ...never heard no more until yesterday saying account was sold to halifax( even tho i knew that as im a cag member )

 

I think now i have to CCa capquest and start all over again..see what they come up with

[westendwendy]

I'm still getting annoying phone calls from Aviemore and their 12+ 2 is well overdue so have now printed off the 'Account in Dispute' letter to send off tomorrow.

 

Might as well send the telephone harassment one too

 

I suppose I can now sit back and watch them spit their dummies out - it's going to be a long Summer:(

[westendwendy]

I think I've done this wrong after reading this thread:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/200354-cupcake68-marbles.html#post2228873

 

I'm in a similar situation but when I cca'd Aviemore it was in response to a letter from them and all I quoted was their letter reference which had both of the account numbers on.

 

I have two account numbers ,my original Marbles one and the new one after Aviemore took over but as with cupcake I didn't sign the new agreement that they sent me.

 

It's really confusing when there are two account numbers,will they assume that I want a CCA for the old one or the new one ?

 

I think I may have to start again now as I've also just sent the 'Account in Dispute 'letter,again only quoting their letter reference:confused:

Edited June 15, 2009 by westendwendy

[traceyb918]

Wendy it's confusing me to i'm just sending a letter off to Robinson way but they are chasing a debt with my new account number (aviemore) dont know what to put on it!!!!!!!

[westendwendy]

I've received another letter today,from Marbles in Cardiff:confused: ,it isn't on the pretty coloured Marbles paper though,just a black and white scan.

 

http://img.photobucket.com/albums/v140/Westendwendy/CAG/MARBLESLETTERCARDIFFJUNE8TH2009.jpg

 

They say I can't use my card any more but I haven't for about two years anyway so no loss there,also they've reduced my credit limit to mmm, exactly what it was before,humph!

 

On this letter though,they've only put the new account number, to an agreement they sent in the post that I never signed so is that nonsense or what?

 

I've already sent the dispute letter to Dunfermline so what do I do now,send another one to Cardiff - didn't know they even had an office in Cardiff mind,I'm getting very muddled and a bit stressed at their constant calls,all of which I'm ignoring.

 

Any advise anyone?

[babydoll0141917]

Hi

 

Im gonna send a bemused letter to capquest.. (Thanks wendy that was the right letter to send)..they have started collectin on my marbles card even tho still in dispute with robbers way ...i never received a new agreement to sign ..my account was closed in 2007..so the new CCa they have sent me means nothing at all ..diff account number,no sigs from any1 ...i aint Falling for that Bull

[westendwendy]

I'm having a bit of a panic attack here and urgently need some advice.

 

I sent the ' Account in Dispute ' letter to Aviemore when they didn't supply me with a CCA in the required time frame.

 

I have received a letter from them this morning saying that they had taken over the administration of the account from HSBC and would contact them for the agreement.

 

My panic is that I have my main currect account with HSBC and need to know if they would be able to access it to take monies from it?

[westendwendy]

I've received this letter today in reply to my CCA request along with a copy of an application form and their current T &C's.

 

Could someone please take a look and give me some advice as to how I should proceed.

 

http://img.photobucket.com/albums/v140/Westendwendy/CAG/marblesletterAugust15th2009.jpg

 

http://img.photobucket.com/albums/v140/Westendwendy/CAG/tcmarbles1.jpg

 

http://img.photobucket.com/albums/v140/Westendwendy/CAG/tcmarbles2.jpg

[babydoll0141917]

Hi

 

Thats exactly what i got for my marbles card..No sigs ..Not even the right account number And def not the T and C that were with the card .Was also sent 2 other ppls agreements that were the same has this (Naughty)

 

Mine got passed to robbersway ..Told them i wanted a copy of my original agreement with the correct account number and with sigs ..That was 2 mth ago not heard a word since..

[willtheywontthey]

still not heard a thing from Aviemore. Robinsonw Way I believe are 'chasing' but wrote to say they are still waiting for cca from their clients. This is well over 12+ days but they have not passed the accoiunt back to OC which annoys me. Still not paid anything in 12+ months. ICO complaint supports me in that they did not provide SAR in full but seemingly blamed administrative errors due to changes in wonership. My FOS complaint is open but the FOS are asking stupid questions so I predict that will get me nowhere.

 

Still interested to find out if anybody at all on CAG has managed to find out legality etc of having a new second account number but no cca for this??

[elvisgb]

I am in the same situation and haven't heard from 1st credit since April 2009. Marbles have however lodged a default against me. They also sent me a mostly illegible pre-contractual Application Form so I informed them they have failed to comply with my CCA request.

 

How do I go about getting this default removed or is that nigh on impossible?

[Michael888]

Elvisgb - have you continued to make your monthly payments or have you stopped ?

 

Michael

[elvisgb]

I stopped when they put the interest rate upto 32%

[GeoffreyAlby]

Who actually owns Marbles?

 

I had a letter earlier in the year from Marbles saying that Bank of Scotland were taking over from HFC and that Aviemore funding are operating the card.

 

Now this week I have had a letter from 1st Credit demanding money on the account saying that their client is HFC.

[willtheywontthey]

I have just had a letter from a DCA saying they have bought my Marbles from a SAV credit??? Are they this mysterous Aviemore? They also called the card an aqua card which I have never heard about before. My latest SAR info from HFC listed correspondence from somebody to somebody within this 'HFC' asking each other who had the account!

[elvisgb]

I had a letter from Aqua:

 

We hereby give notice of the assignment of the debt due to us from you in respect of the balance of £### outstanding on your SAV credit Limited Aqua Card Account.

 

On 30/09/2009, your account was legally assigned to Lowell Portfolio I Ltd as such any further communication and payments regarding the above account(s) must be addressed to :

Lowell Portfolio

Enerprise House

1 Apex View

Leeds

LS11 9BH

 

I have never heard of Aqua, Lowell Portfolio or SAV Credit Limited before

The default on my account for this debt is in the name of Halifax :confused:

[toddle2u]

I've just had one o these letters as well and again have no idea who Aqua are and hav no idea of the card number they are quoting it relates to.

[elvisgb]

I sent this:

 

To Whom It May Concern:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.

I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed Deed of Assignment for the above referenced agreement and also a true copy of the Fair Processing Notice. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance whilst this account is in dispute I will have no other alternative than to report you to both The Information Commissioner and The Office of Fair Trading.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.

[traceyb918]

Hi Elvis I got the same letter.

 

Tracey

[elvisgb]

and have you ever heard of them before?

[oscar52]

Aqua are a trading name of HBOS - I have had the same letter regards my old HFC/Marbles account.

 

Lowells are a DCA - who I also have a letter off (because 1st Credit DCA gave up)

 

Aviemore are the underwriters of the card.

[elvisgb]

and are any of these anything to do with the Halifax?