Marlin Financial Services / Mortimer Clarke Solicitors

[outline]

Hi All,

 

I'm after some advice please.

 

I today recieved a letter from Mortimer Clarke Solicitors requesting that I contact Marlin Financial Services and make payment for the sum of £484. They mentioned that Credit Acceptance Corp UK ltd was the original client.

 

I had no idea what they were on about so looked up my credit file. It stated on there that there was a balance of £484 and the company name was that of Marlin and it was for Hire Purchase.

 

I'm confused because the only thing I can think of that was on HP and in the region of £9000 was a car, but that was, as far as I was concerned, paid for. It states the account started back in 1997, with 42 payments of £235 to be made. File also says 'Q' meaning that it had a query on it since Jan 2002 - Apr 2003, then just says not updated.

 

It strikes me that if the payments were for 42 months and started in 1997, then surely (even with two payment missing, which I don't believe), the debt would have been paid by the end of 2000!!!

 

Do you think this company is trying to pull a fast one? should I respond? I've just no idea how to prove that I don't owe anything

 

All help, direction and advice will be greatly appreciated.

[maroondevo52]

Hi, outline.

 

You could try the 'prove it' letter..........

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

 

Yours faithfully

 

 

 

 

Regards.

 

Scott.

[outline]

Who would I send it to?

 

Mortimer Clarke Solicitors or Marlin Financial services - Although there is no address for Marlin, just an 0871 number!!

 

I think they could be all the same people.

[cerberusalert]

Looking at those figures it seems as if they are chasing you for two payments. Also looking at the query date of Jan 2002 the alleged debt would have become statute barred late last year anyway + any defaults they entered on your credit file would now have dropped off.

 

Marlin are trying it on.

[cerberusalert]

Who would I send it to?

 

Mortimer Clarke Solicitors or Marlin Financial services - Although there is no address for Marlin, just an 0871 number!!

 

I think they could be all the same people.

 

Send it to the solicitors address.

[outline]

Looking at those figures it seems as if they are chasing you for two payments. Also looking at the query date of Jan 2002 the alleged debt would have become statute barred late last year anyway + any defaults they entered on your credit file would now have dropped off.

 

Marlin are trying it on.

 

There are no defaults listed on the file. It just says Q from Jan 2002 to April 2003. Does a query keep the file live or something? If it does then that would mean April 2009 that it will drop off the credit file - is that right?

[cerberusalert]

All the Q means is that someone has checked your credit file. It could be from anyone from a utility company if you had changed supplier, mobile phone contract etc. It's just to check your credit worthiness.

[outline]

All the Q means is that someone has checked your credit file. It could be from anyone from a utility company if you had changed supplier, mobile phone contract etc. It's just to check your credit worthiness.

 

 

Ah, I see. Thank you for that.

 

Do you know why the file is still live and not dropped off Equifax's records? Since cleary there has been no payment since Jan 2002 when it was first Q'd.

 

Sorry for so many questions

[cerberusalert]

It depends when they update their files. It has been known to take a further 7 weeks.

 

It's nothing to worry about, they're not 'blackmarks' on your record.