Hugh's CCA to Marbles

[Hugh Jeffort]

They should be perfect seeing as they have had a year to make them up!!!!

 

Had another letter from Marbles today, will scan and post tonight but basically it says they are aware that they have only sent an application form and current T&C's but they are trying to locate the original (Make up a forged original). Until then they say they will not enforce the agreement but will continue to collect money and file with the reference agencies!!

 

Im getting a little confused as to whats going on now! They have already defaulted me with the credit reference agencies and closed the account.

If they are not going to continue enforcement then what else can they do? (For now)

 

One minor thing about the last scanned docs, does anyone think there is any relevance to the fact that the application clearly has Version 2 written at the top but all the T&C's have version 1 written down the right hand side (I blocked it out cause of the other numbers etc)

[johnnymitch]

I eould say it points to the two versions not being compatible.... but not sure ... the main thing is Hugh , if they haven't produced the original and have admitted in writing that they're still looking for it (keep that letter safe btw) ,..... then they can't enforce it , and they know it ..... so how are they going to collect the money ? Have they access to another account of yours that they can take payments from ?

[Hugh Jeffort]

I assume they mean they are within their rights to continue adding interest and late fees etc now they have complied to my original CCA request, or so they deem, since the letter continues to educate me on what a true copy etc constitutes!! I'll post as soon as ive scanned it, maybe it will be clearer then.

[Hugh Jeffort]

Sorry it took so long, had probs with the scanner at work..............

 

 

Couple of things I noticed, firstly, they again confirm that the account was passed to them after they defaulted on the CCA request, and its not even addressed to me so I would imagine others will get this type of letter too!!

[johnnymitch]

Oh Yes Hugh , this is a standard template letter .... designed to fudge the issue ....

 

Basically , they haven't got it , and until they can produce it , the debt is unenforceable..... as they have admitted ..... means you can pay it off at your leisure,...... or write and ask them to abandon it....

You should also ask them to confirm (within their 8 week deadline, which should extend it again ! ) that :

 

"PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec) "

[johnnymitch]

Btw hugh .... they seem to be saying that they "provided a copy of your SIGNED agreement" ....... is that the case ...... if so why aren't they breathing down your neck ?

[Hugh Jeffort]

No they haven't, they gave me a signed application form last year, nothing else (No T&C's etc), then last week they sent the same application form but this time with the apparent T&C's on pages 2,3 and 4!

[Hugh Jeffort]

Is it worth a letter reminding them that the account was in dispute before the buy out and that they have not sent a copy be it true or not of the CCA. The application they sent by their own addmission is not good enough. Neither are the current T&C's! Shall I request a time limit for finding it or addmitting they dont have it?

Also remind them again that they cannot add interest etc until they comply?

Feel like i'm not doing anything at the mo!!

[Hugh Jeffort]

Hi All,

 

Just an update to let you know whats going on, haven't heard anything for a while then a couple of days ago I got a letter from Cabot Financial saying they have bought the debt from Marbles (HBOS) and can I pay up immediately! Have sent them a similar letter to the previous one to 1st Credit informing them of the dispute!!!

Will post any reply if and when it comes!

[Hugh Jeffort]

Hi All,

 

Received a letter from Cabot saying they will look into my letter, standard rubbish, will wait till I hear from Marbles again, just like the 1st Credit fiasco!!

 

Hope everyone else is doing ok and not letting them get you down!!

[johnnymitch]

Ho hum Hugh ........here you go again LOL !

 

It's a predictable cycle eh ?

 

Letting them get us down ? Never!!!

[Hugh Jeffort]

Your not wrong there Johnny, every letter has the same content, threatening in the same way but with no weight behind it or any consideration for the law.

 

Looking forward to their next response!!!

[Hugh Jeffort]

Hi all, it's been a while but nothing has really happened, had a letter again from Cabot to say they are looking into it but have to wait for Marbles to issue them with the original (Quite sure thats not gonna happen).

 

Would really appreciate some advice too, on checking my Experian page it shows that cabot have defaulted me, Marbles is no longer on there! Can they register a default on my account when they weren't the original lender and have no paperwork to prove the fact? Is there anything I can do or write in an attempt to get them to remove it?

I know that it's usually a futile attempt cause they do what they want anyway but seeing as they have admitted they do not have the CCA (Twice) and Marbles would have shown me it by now if they had it!

[Hugh Jeffort]

Hi all, just another update and still after any advice on the Cabot default!

Received a letter from Marbles which read exactly the same as post #72, no more contact from Cabot but default remains on Experian, should I send a letter to them asking them to remove it? I know it wont do any good but they have passed the account back to Marbles but have not removed the default!

[johnnymitch]

If the default was indeed put on there by Cabot without any paperwork to back it up ..... then I'd say you have a good case for getting them to remove it .... and report them if they refuse ........

[Hugh Jeffort]

Hi JM, thanks for the reply, haven't been able to get on here for ages, been working flat out and looking after a 3 year old on my rare days off so the wife can go to work!

They have no paperwork, by their own admission, they have sent me a couple of letters saying they have requested the info from Marbles and that I must wait for it!

To be honest I should have jumped on that and replied but the break from repeated threat letters has been nice. I will try and draft a letter following the 'I have given you ample time etc' and 'Without any paperwork remove the default' lines as soon as I get 5 minutes to myself! Thanks for all the advice. Hugh

[Hugh Jeffort]

Hi All,

I have no news to tell, well no news thats new anyways.

Cabot continue to call and send letters, I continue to reply and state my concerns and position which clearly falls on deaf ears!

Marbles clearly can't provide a copy of my CCA to Cabot so they are continuing to try and get the money from me by constant letter sending.

Unfortunately for me they have now got me into a position where I have to do something about it. My mortgage deal has come to an end and due to the default I cannot get another mortgage deal and have to remain on the banks SVR which ironically means a £180 per month increase to my mortgage payment.

As far as the Marbles card goes I spent a large amount of the debt they defaulted me on and it has always been my intention to pay them back.

I am in a position to offer them a settlement on the account but have no idea of how to go about it. I obviously want them to remove all reference to me with the CRA, is the correct wording 'Marked as satisfied'?

Also where do I start? My debt was originally £2000, with charges etc that they imposed they currently say I owe £2500. I have £1000 that I can use to get the debt cleared, is this going to be enough and how do I go about testing the water for a F&F?

This is not exactly how I wanted to end this saga, it would have been nice for Marbles to admit they made mistakes and apologise for the sh*t they have put us through but it seems we would all have more luck finding rocking horse poo!

Edited January 26, 2012 by Hugh Jeffort

[Hugh Jeffort]

Ok that last reply may have been a little long...........................

 

Can someone just tell me if I make an offer to pay a certain amount of the debt as F&F, and they refuse it, what happens next? can they use the letter with my offer as indication that I accept the debt without a valid CCA?

Thanks

[Hugh Jeffort]

Hi All,

Another update, although there is not anything to update. I have come to a stalemate where Cabot refuse to pass the debt back to Marbles even though they can not get the CCA form them, (they send me letters every month or so to tell me they are still trying). I have however been offered a full & Final settlement figure with the balance set to zero but marked as partially settled, I'm in two minds as to what to do................. If there is anyone that can offer clarification on a couple of points I would be very gratefull;

 

1/ If I pay a reduced sum to clear the debt, will the payments on my credit file show for 6 years from this date? (I know the default will go after 6 years from its issue but will the partial settlement show for 6 years)

2/ Marbles have all but admitted they do not have the CCA so what will the benefit be of me paying anything to them if they will not remove the adverse entries?

3/ My default warning stated a date at the end of August 2009 but they didn't send me the default letter till quite alot later and this did not have a default date on it. What is the actual date I was defaulted on? Is it the date they entered it with the CRA's?

4/ As I have stated a few time on here my balance owed is very different from the balance at the time I disputed the account, this is due to them adding interest and quite a few £12 fees firstly for late payment (Once I stopped paying) and then for overlimit (As a result of the interest and charges) Is there anything I can do about that?

 

I have to decide and pay by the 31st March and I've heard they can be funny with payment dates so the sooner I make my decission I suppose the better.

 

Thanks

 

Hugh

Edited March 7, 2013 by Hugh Jeffort

[Hugh Jeffort]

Can anyone comment on this? I know most would say dont pay them a penny as there is no CCA (Confirmed by Marbles) but it has always been my intention to pay back at least some of the debt, just didn't want to let them get away with changing T&C's at their wim.

[Hugh Jeffort]

Can anyone comment?