Marbles

Everthecool1 · July 1, 2009

Hi, I wondered if anyone could please advise me about a problem I am trying to sort out between my wife and Marbles.

My wife’s illness became so bad that I have had to stop working to care for her an consequently I took over sorting out our finances.

I came across payments she had been making to Marbles but when quizzed about it she had no recollection of setting anything up with them.

I wrote to them asking to accept lower payments, they sent a default notice and passed it on to Robinson Way & co.

so after reading your posts etc’ I wrote to Robinson Way & co requested a copy of my wife’s agreement so I could check it all out, etc’ and herd nothing.

The obligatory time elapsed and I sent them a non compliance letter and herd nothing, later I received a letter from CapQuest debt recovery saying they had taken the debt over.

I wrote and explained that the account was in dispute and they have replied today with a copy of an agreement only which appears to have signatures from my wife and one that says on behalf of HFC Bank in 2002.

Can anyone please tell me what if anything I can do next

Cheers

**maroondevo52** · July 1, 2009

Hi,

Could you post up what they have sent, removing all personal details.

How old is the Card and are there any charges you could reclaim ?

Regards.

Scott.

Everthecool1 · July 1, 2009

Many Thanks,

This is what came today

Everthecool1 · July 1, 2009

and this

Everthecool1 · July 1, 2009

no charges as far as I can see, and the date of sig's is 2002.

Cheers

Graham

clemma · July 1, 2009

Pictures are too small - try uploading them to photobucket first :Image hosting, free photo sharing & video sharing at Photobucket

Everthecool1 · July 1, 2009

Signed up to photobucket and files are uploading, do you need a url to view them ? (sorry never used this before)

Graham

clemma · July 1, 2009

No - you just post the link on here.

Everthecool1 · July 1, 2009

Fingers crossed

Marbles - Photobucket Groups

clemma · July 1, 2009

Well, its a poor copy of an application form - I can't see any prescribed terms, so I would say this is unenforceable. Send them the following letter if you want:

Dear Sirs,

Account no xxxxxxxxxxxxxx

xx/xx/2009

Re: my request under the Consumer Credit Act 1974

Thank you for your letter-dated xx/xx/2009 the contents of which are noted.

I note that you have included a copy of the document, which you aver to be the copy of the credit agreement between us

Now I wish to draw your attention to a series of concerns that I have with that document and why I feel that you have not discharged your duties under Section 78(1) of the Consumer Credit Act 1974

The document received is headed “xxxxxxxxxxxxxxxxxxxxxxx” within this first there are no prescribed terms as required by schedule 6 column 2 of the Consumer Credit Agreements Regulations 1983 SI 1983/1553.

To avoid any argument, the prescribed terms for this style of agreement (running account credit) are as follows

1. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit,

2. A term stating the rate of any interest on the credit to be provided under the agreement

3. A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

Now im sure you are aware as per Wilson & FCT [2003] All ER (D) 187 among others that if the prescribed terms are not in the agreement then the agreement is rendered unenforceable

To be honest I cannot tell as its not legible, infact even when blown up on the pc it is not legible and as a consequence I believe that the document fails to comply with Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

For your information, I reproduce regulation 2(1) for your reference

2 Legibility of notices and copy documents and wording of prescribed Forms

(1)The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

Clearly as the document you have supplied is not easily legible you cannot say that you have discharged your obligations under section 78(1) as the document does not comply with the copy document regs referred to above

Now to quote your own words from paragraph 3 of your letter “this means in effect as long as the terms are clearly shown, the CCA requirements are satisfied” well im sorry but they are not as the second part of this document that you supplied in reply to my CCA request is not clearly legible

Now to resolve this matter you can either supply me a copy of my agreement, which is in a legible form where all the terms are clearly stated and the prescribed terms are embodied within the agreement

Or alternatively, we can lay the agreement which you have produced in reply to my statutory request pursuant to section 78(1) of the Consumer Credit Act 1974 before the county court and I will request pursuant to section 142(1) of the CCA that the court make an order on the enforceability of that document.

However I am sure that the bank would not be keen on this happening as should the court rule that the agreement is not enforceable and you cannot provide a better copy than what you already have then the court would have no other option but to rule the agreement unenforceable

I think I have set out my position clearly and have even reproduced excerpts of the legislation on which I base my case, therefore I respectfully request that you reply to this letter within 14 days setting out if you can supply a more legible copy of the agreement or what action you propose to resolve this dispute if you cannot although the only real obvious option if you cannot provide a better copy would be for the bank to zero the balance on this debt as it cannot be enforced without a truly legible signed credit agreement containing the required prescribed terms

I await your reply

Everthecool1 · July 2, 2009

Wow, clemma , thanks so much for taking the time to draw up a letter for me, it’s much appreciated I will send it off today and let you know the outcome .

Many thanks once again.

Graham.

Edited July 2, 2009 by maroondevo52
Sorting

clemma · July 2, 2009

I wish I could take the credit for that letter - but do keep me informed

Everthecool1 · July 10, 2009

Just a quick update,

Capquest have sent a letter today saying that they have passed the account back to Robinson Way.

Funnily enough Robinson Way have also sent a letter saying that they have removed the account from their records and passed it back to their client (Marbles), so I’ll wait and see what they have to say.

Cheers

Graham

**maroondevo52** · July 10, 2009

Hi,

So far so good, see what Marbles come back with.

Regards.

Scott.

Everthecool1 · October 28, 2009

Not herd a dick bird until today when we got an annual statement from Capquest in which I have noticed that they have added interest to the account of £61.85 each month for the last 4 months:mad:

PriorityOne · October 28, 2009

They have no CCA... so technically, it makes no difference what they add 'coz they can't enforce it through the courts.

Everthecool1 · October 28, 2009

looks like they are just trying it on then.

Nice,

what lovely people

Everthecool1 · April 12, 2010

After threatening to complain to all the relevant authorities I have finally received the response as follows and any advice would be gratefully received, cheers.

I write in response your complaint dated 23 March 2010 of which your comments have been duly noted.

Unfortunately it would appear that we do not hold any authority on file to discuss this matter with yourself. Please forward this at your earliest convenience and I will be happy to respond to your complaint in full.

In addition to this Capquest are not in receipt of any details relating to your wife's dispute.

You have advised you believe the account to be unenforceable by law but you have not given your reasons. In order to help us understand your dispute, could you provide full details of your wife's dispute and clarify the following in your response:

1. Does your wife deny ever signing an agreement for a Marbles Credit Card?

2. Does your wife deny ever receiving a Marbles Credit Card? Does your wife deny ever using the Marbles Credit Card to pay for products or services?

3. Does your wife deny ever receiving statements for her Marbles Credit Card?

4. * Does your wife deny ever making payments to Marbles for her Credit Card?

Should you wish to discuss this matter further please do not hesitate to contad me on 0871 574 3161 .

Yours sincerely

Ms. M McEvoy

Quality & Compliance Team Leader

Capquest Debt Recovery Limited I Fleet 27 Rye Close 1 Fleet Hampshire

Everthecool1 · April 12, 2010

After threatening to complain to all the relevant authorities I have finally received the response as follows and any advice would be gratefully received, cheers