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me vrs marlin financial services


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Iam being taken to court on 4th april by marlin financial srevices for £3342 that they claim i owe them as they have bought this debt from british credit trust.the problem is i intend to defend but iam unsure of how .I took a car out on finance in 2002 had it 2 years and handed it back as i lost job,i never received any default notice,and the company said they would sell the car and i would be liable for what was left,i heard nothing for 6 months so i called and they said the account was closed and i had nothing to pay i asked for this in writing but never got it, i then called again a year later and they told me the account was closed but the car was written off??? confused no one could help.now this marlin company say i owe them now,i have sent cca request and subject access and also the letter asking for all info on me as it is now a court matter. I have had no reply this was over 4 weeks ago,and the return is end of march.can any one help?????:confused:

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When did you make the last payment or acknowledge the debt (in writing)? In Scotland, after 5 years the debt would be statute barred.....

 

If you think it may be statute barred - send this letter to Marlin ASAP. This is your defence as it is up to to THEM to prove it is not SB.

 

Dear Sir/Madam

 

Acc/Ref No xxxxxxxxxxxxxxxx

 

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

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

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Do you know what percentage roughly you had paid off of the finance before returning the car?

 

Was this a higher purchase agreement?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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i have had a reply from dca with original agreement and details of balance sheet,i originally sent statue barred letter but they replied saying i made a payment on april 04,which after looking at balance sheet they sent me it was 1st of january 04 i last made a payment, the payment on april was the money put on the account by the original creditor after they auctioned the car but the payment was not made by me?does this still make it statue barred?dca say as they have supplied credit agreement it is now enforceable is this true?:-?

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the payment was not made by me?does this still make it statue barred?
Yes, it's still statute barred as you have not acknowledged the obligation.

 

dca say as they have supplied credit agreement it is now enforceable is this true?
Only if the account is not time barred (as would appear to be the case here) and it contains all the necessary prescribed terms.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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When did they actually file the claim against you?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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with the court? sept last year but they served it at my old address which i moved out of in2007, so i did not know nothing about it, got new warrant to reserve at my current address on 4th feb 09. with calling date 4th of april.:confused:

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That complicates matters because the claim was initially lodged inside the limitation period.

 

Did you ask for info about the valuation and sale price of the car?

 

Have any charges been applied to the account?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I don't think you can use a time barred defence because the initial claim was lodged inside the limitation period - although you should seek legal advice on this.

 

You can certainly dispute the sum claimed against you due to the charges on the account. This should bring the claim inside the small claims limit where any costs against you would be far more limited.

 

Have you checked the book price of the car to ensure that it was sold for around the market value?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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