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Having fun with Marlin


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Hello,

 

 

I'm having some "fun" with Marlin at the moment.

I can't remember exact dates as I don't have all the documentation to hand but I'll try and explain.

 

I had a car through British Credit Trust and I fell behind with repayments in 2004. BCT registered a default on my credit file (I don't remember ever getting one but it was a long time ago) and Marlin picked this debt up approx 31/2 years ago. BCT then changed the default to settled. I was happily paying them each month but they wanted more money.... I couldn't afford the original so why would I be paying Marlin more??

 

I CCA'd them in April 2007 and I got a badly photocopied copy of the agreement, and a bunch of "notices of assigment" which assigned and re-assigned to different trading names of Marlin (Nothing from BCT and nothing that even identified me or my debt, or anyones debt for that matter) no T&Cs, not statements etc....

 

I let the time expire and informed them that I would no longer be paying them as they are in breach of the CCA request.

 

I heard nothing until a monthly check on my credit file shows that Marlin registered a default on my account in October 08.

I contacted the CRAs and advised them the debt with in dispute and that they have not issued any default notice from them and as such the default should be removed..... got 2 standard letters back. Equifax sent the "they have not responded to our letter and as such we removed the details" letter. Experian sent their "the company registering the default say it's correct therefore it stays". I got a letter from Marlin that was on the lines of "You owe us £xyz and that's why we can put the default on your account".

 

With Xmas looming I left it for the time being and I got a phone call on the 17th or 18th Dec from James at Marlin.

James: "Just wondering when we will receive your payment...."

Me: "When you fulfill my CCA request from 2007"

James: "Oh..CCA request? Did you know there was a recent change in the law?"

Me: "Really?"

He then went on to explain the "change in the law" that meant they no longer had to respond to CCA request....... you guessed it.. The Rankine case.

 

I was not aware of the Rankine case at the time so I asked for a short time to look into this. I jumped on the net and found the judgement and chuckled to myself. I reckoned that as it's getting close to the end of the year that they want some extra cash coming in via scaremongering.

 

I went away for Xmas and I have come back to 3 calls from Marlin whilst I was away. On the 2nd Jan I received a phone call from a rather eloquent young lady. First they didn't need to respond to the CCA request as the account was terminated. I said that if the account was terminated, under what authority and under which account did they issue the default in October. I then asked why they deciced to partially fulfill the request in 2007 if they didn't need to. I could hear furious tapping on keyboard.

"Well there was a recent change in the......" "Law ....The Rankine case?" I interrupted. "YES". I chuckled and tried to explain changes of law vs precedents vs case law. I was cleared wasting my time. I asked if she had an legal training at all and she told me she did. I asked to what degree is she trained and she just kept shouting down the phone that she didn't need a law degree :confused:. I said to her that until such time that she can converse with me properly and stop shouting that she'd need to call back and if not then just take me to court. She to get a "we are gonna make you bankrupt" in before I hung up.

 

Today I receive a call from Maggie. I swear they read from the same script. Maggie pointed out that I'd acknowledged the debt by paying it in the past so why wasn't I paying it? I said I have not disputed the debt, merely that the debt is unenforceable. She asked why I thought it was unenforcebale so I again went through the CCA and that they are commiting an offense. "Well stealing is on offence, you borrowed my money that you are not paying back". I said it's a civil offence, not criminal if I had stolen her money to call the police. I should have quoted Section 1 (1) of the Theft Act 1968 at her, the section about permenant deprivation, and that I'd happily pay once they fulfill the CCA request.

She replied with a cheery "SEE YOU IN COURT" before slamming down the phone. 10 mins later the phone rings again.... some guy who I can only describe as sounding like a typical amercian "stoner" asked for me. I said I'm not here at the moment can I take a message. He thought about it for a few seconds.... maybe trying to comprehend how I managed to answer the phone if I wasn't there and said he'd not leave a message and hung up.

 

Anyway, storytime over and it's time for questions.

 

1) In my initial CCA I requested only contact by letter. I've had 6 or 7 calls in the last week alone, plus some whilst I was away. How do I best deal with that.

 

2) Having paid the debt previously I can no longer say I don't acknowledge the debt. Has this prejusticed my position at all with the breach of CCA request being my only defence.

 

3) If they do send a SD, is the breached CCA request enough to get it set aside?

 

4) The addition of the default on my credit files whilst in dispute. WHat can I do about that? I've read recently about the cases where compensation was granted for damages in similar circumstances - one about a cheque being bounced be a bank for no reason and another about a laptop not having a modem. Is it worth pointing out these case to them in hope that they may back down??

 

 

Thanks in advance

 

 

Pete

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you can lawfully request a cca anytime you like, and if they fail to provide it then you are within your rights to withold payment, failure to provide a lawfully requested document is sufficient cause to get an sd set aside.

 

also while your at it send them the phone harassment letter from the library

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Good story but in future refer them to the 2006 Theft Act. It has replaced the 1968 one

 

I didn't mention it to them at the time - you always have 20:20 vision in hindsight!! I'm glad I didn't now......not that she'd have even know the difference!

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Damn right.

 

Got 2 letters today - both dated 7th Jan.

 

Letter 1: FIELD AGENT VISIT.

Holy crap!! Jack Bauer is coming to kick my a**!!!

Oh wait, they are sending it over to Scotcall, not CTU.

 

Letter 2: Notice of intention to preceed

Litigation Section blah blah County Court blah blah 10 days to offer payment blah blah Failure MAY result in a CCJ, Attachment of Earnings registered against my property..... like to see how when I own no properties and have no assets linked to me!!

 

I'm more than happy to go to court so I can explain how they have failed to fulfill a CCA request for nearly 2 years, had athem ringing repeatedly despite being asked not to in writing, registered a default on my CRA file without issuing a default notice and whilst the account was in dispute and finally how their staff have repeatedly lied about the "change in the law meaning they no long have to fulfill CCA requests"

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