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heybankrobber

Marlin FS (DCA) - Urgent help needed / **WON**

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Hi,

 

I purchased a car on HP in May 2001 but left my job in December that year. The car was taken back by the finance company and sold at auction leaving a balance of over just over £6000. I started paying £50 a month towards the debt on a payment card but I stopped making payments in August 2002 (confirmed by my credit reports from Equifax and Experian). A default went on both CRAs in May 2003.

 

I recently received a letter from Marlin FS, who had taken over recovery of the debt, asking for payment in full. I sent off a Statute Barred letter in the hope this would be sufficient. They have now responded saying that, "We have a computer record showing that you have made payments to this office, which in itself is an acknowledgement of the debt, we have also enclosed a copy of agreement and statement of account which concludes that you still remain liable for the outstanding balance". They also enclosed a copy of my signed Conditional Sale Agreement.

 

The 3 payments shown on their attached records are in June, July and September of 2004. I am almost certain (they have got me thinking to myself and driving myself mad!) that I did not make these payments and that their info is at best innaccurate, and at worst falsified.

 

How important are the CRAs reporting of payments towards this debt? Is this any kind of proof? Why would I have paid towards the debt a year after defaulting despite no correspondence from Marlin? And if I had, why was that not reported to the CRAs?

 

Does anyone have any help/advice they can give me, or has anyone had any experience of DCAs falsifying payment records?

 

All help much appreciated.

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OOOhhh Marlin my Favourites!

 

Send them a SAR and get them to prove you have paid anything to them... They will try anything on that shower of ****

 

Spam. :)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi Spam.

 

Thanks for that - I will give it a try so I can see what they have about me.

 

I've seen a website called Car Credit Complaints that seems to have a lot of experience with unenforcable agreements for my HP company (Credit Acceptance) and Marlin. My form would appear to be the same as some they say have been deemed unenforcable. Anyone had any experience of this?

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Do Marlin say who they are acting on behalf of?

 

They do normally get involved in bullying people out of money for unenforceable agreements... Is it actually still 'Credit Acceptance' or has the debt been bought by someone else?

 

Spam. :)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi Spam.

 

Thanks for that - I will give it a try so I can see what they have about me.

 

I've seen a website called Car Credit Complaints that seems to have a lot of experience with unenforcable agreements for my HP company (Credit Acceptance) and Marlin. My form would appear to be the same as some they say have been deemed unenforcable. Anyone had any experience of this?

 

With regards to the form/agreement could you post it up masking personal details so we can look and see if it is enforceble?

 

It would be a double whammy if it is Statute barred and unenforceable as then Marlin can then go and boil their heads!! :p

 

Spam. :)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi,

 

I purchased a car on HP in May 2001 but left my job in December that year. The car was taken back by the finance company and sold at auction leaving a balance of over just over £6000. I started paying £50 a month towards the debt on a payment card but I stopped making payments in August 2002 (confirmed by my credit reports from Equifax and Experian). A default went on both CRAs in May 2003.

 

I recently received a letter from Marlin FS, who had taken over recovery of the debt, asking for payment in full. I sent off a Statute Barred letter in the hope this would be sufficient. They have now responded saying that, "We have a computer record showing that you have made payments to this office, which in itself is an acknowledgement of the debt, we have also enclosed a copy of agreement and statement of account which concludes that you still remain liable for the outstanding balance". They also enclosed a copy of my signed Conditional Sale Agreement.

 

The 3 payments shown on their attached records are in June, July and September of 2004. I am almost certain (they have got me thinking to myself and driving myself mad!) that I did not make these payments and that their info is at best innaccurate, and at worst falsified.

 

How important are the CRAs reporting of payments towards this debt? Is this any kind of proof? Why would I have paid towards the debt a year after defaulting despite no correspondence from Marlin? And if I had, why was that not reported to the CRAs?

 

Does anyone have any help/advice they can give me, or has anyone had any experience of DCAs falsifying payment records?

 

All help much appreciated.

 

I've reported these muppets to OFT part of that complaint is for fraud by Misrepresentation! They really will try anything to get you to pay up! Can you contact your bank to see if you did make payments in 2004? I really wouldn't be surprised if they have falsified information! If they have falsified information you must complain to the OFT and I would suggest going to the Police.

Insist to the Police that it is a criminal matter.

What date do Marlin claim the account was assigned to them? Was it after 2004? If so how could you have paid them?

Take Care

Jon

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was any deposit you paid used for the cost of the car or towards the PPi ?

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evening kh41

 

hope you dont mind posting the link

 

saves a lot of questions and gives a bit of an explanation

 

HEYBANKROBBER

 

JUST CLICK THEN FIRE AWAY WITH YOUR QUESTIONS ON YOUR OWN THREAD

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195364-bramber-dr-daf-ltd.html?highlight=postggj

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Hi Guys,

 

Many thanks for the replies. I will try to answer all the questions as best as I can.

 

Marlin took over the account fairly early on (before 2004) but I kept making payments on the Credit Acceptance payment card I was given at the outset. As far as I knew Marlin were acting on behalf of CA. I don't remember making payments after the end of 2002 and both Experian and Equifax back that up.

 

As it would be my word against their's I am obviously very interested in the unenforcable route as that would hopefully make everything go away regardless. Any ideas how to proceed?

 

I've attached my paperwork, I'd be grateful for any thoughts anyone has on them:

 

Attachments 3 posts down, thanks.

Edited by heybankrobber
Incorrect attachments

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Apologies if those are unreadable - if I've done it incorrectly could someone let me know!

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Looks like you may have left your address on there so best to blank these out

 

Open the file in Paint and use the rectangle with the curser to create an area round the detail you want to remove then just delete that area

Save the new doc and upload to photobucket....use the link this provides to paste into the thread so we can read it normal size

 

From what I can see the agreement looks like it contains the P-Terms so unless these are inaccurate its probably enforceable.....The SAR for the payments in 2004 is your best route as this would show whether its statute bared or not.


Live Life-Debt Free

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The signature boxes look a bit suspicious to me :cool:

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Yep, I did a better job of blanking those than on my original effort!

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Any thoughts guys?

 

Especially concerning the post linked by postggj and kh41 - and my forms?

 

Thanks in advance.

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Honestly? That would be a huge weight of my shoulders obviously.

 

So I should be sending something along the lines of kh41's letter? Or are there actual template letters?:

 

Dear Sir/Madam

 

Re:− Account/Reference xxxxxxxxxxxxx

Assignor: D.A.F Ltd T/A Yes Car Credit

 

Further to your recent letters you sent on 11th & 12th June 09, After having an audit done on the credit agreement you supplied, I have been informed the agreement cannot be enforced. Any Trade-in or deposit has been used for the PPI insurance, not for the purpose intended and as a result the agreement is unenforceable.

 

If you maintain the agreement can be enforced, I will have no alternative but to turn the mater over to a firm of solicitors called Stevensons, as you have had prior dealings with these solicitors, costs now become an issue.

 

I expect your reply within 14 days

 

Mr x xxxxxxxxxxxx

 

One more question. If I were to involve Stephensons, how much does that sort of service cost? Just asking as I can't see Marlin just giving up! (I don't have much luck with those sorts of things!)

 

Thanks again.

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marlin know stephensons only to well

 

lets see what marlin come back with to begin with

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I will get a letter off by special delivery tomorrow and see where we go from there, thank you.

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Just wanted to thank everyone for their help - I received a reply today saying that I've been released from any further liabilities and my account is now closed.

 

This is a huge relief to me and I really can't thank people enough. A donation to this site (and carcreditcomplaints) is forthcoming.

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Congratulations... well done...

 

Spam. :)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Just wanted to thank everyone for their help - I received a reply today saying that I've been released from any further liabilities and my account is now closed.

 

This is a huge relief to me and I really can't thank people enough. A donation to this site (and carcreditcomplaints) is forthcoming.

 

 

chalk up another yes car victory for the forum

 

why wont there people learn at marlin/go debt and bramber

 

you know the agreements are crap

 

accept it

 

well done on the vicory

 

you can now get on with your life and help more caggers with yes car:-)

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Do Me A Favour Bankrobber

 

Remove Personel Details And Post That Letter From Marlin

 

It Will Give Others Hope

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Have moved this to the success forums for you.

 

Well done. :)


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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