Advice needed re marlin please

[boo64]

Hi all, I have been reading the many posts concerning Marlin Finance (which have been a lot of help) and wonder if someone could give me some further advice regarding the next step I should take.

 

I was first contacted by Marlin approximately 4 months ago regarding an old HSBC debt. As per advice on this forum I responded to them using the template letters available here on this forum, requesting a true copy of the original credit agreement, statement of account etc. I have gone through the procedure i.e. 12 working days for them to comply then 30 days for them to comply or they have committed an offence and finally 56 days from original request letters that were sent (3 letters in total). At no time had they supplied me with the requested information.

 

Today i received from them a bunch of photocopied statements of account and a letter stating that "unfortunately we are not able to provide a copy of your agreement" with a request for me to contact them to discuss payment arrangements.

 

Where do i go from here please ????

 

Many thanks for any help/advice offered.

[sam614]

did you sent account in dispute when the 12+2 was up?

 

SAM:pLOWELL DETESTER

[mr.ton]

They have not supplied you with a true copy & should not be asking for payment = end of.

Report them to the OFT.

[paulolindum]

Hello Boo69

Whatever yo do, make sure that you record ALL details of ANY telephone calls with Marlin. I am in an ongoing dispute(mainly going my way) with them which I have conducted entirely by written word, Registered Post, Paper and Digital back-up. This is after one call back in October 2007 "to discuss the matter" where I was put through to the aggressive 'boiler room' where all they would do was try to extract money from me and threaten me. When I asked them to put it in writing the operative replied, and i quote.."we don't do letters" !!

Unbelieveable maybe, but if YOU put everything in writing, no matter how pedantic it seems, you will be able to confidently present your case.

 

Upon receipt of my court bundle and associated letters, the Judge advised that I had the stronger case and then received a last minute withdrawal from Marlin's Solicitors, effectively cancelling the application for a charging order and returning to my original Judgement, which I had been adhering to all along.

 

Be careful, they will try everything to secure a payment, even if it means making a false claim in order to get it before a Judge!!!!

[boo64]

Hi all and thanks for the quick replies, all correspondence has been headed account in dispute, also all correspondence from myself to Marlin has been sent first class recorded delivery (copies of all kept) proof of delivery including signatures obtained from the Royal Mail website also kept. In my first correspondence to them I stated clearly I would not accept any telephone calls or personal callers at my home address (needless to say they ignored my request regarding no phone calls). All calls from them have been logged (times and dates) though at no time did I answer their attempted calls due to caller display .

 

I've done everything in accordance with the template letters (i.e. given them the stated timescale by law to supply me with the required information). The 56 day period has now expired and I need to know is there anything I should be doing now apart from reporting them to the OFT?

[lickthewallfatboy]

keep chugging away-it will take some time and effort,but eventually it works

 

trust me-I know what I'm talking about

[sam614]

what 56 day period.?

 

they had 12+2 end of.

account was then in dispute.

should have followed with failure to supply template.

 

they have admitted no agreement,and should NOT continue asking:rolleyes:for payment.

report them,and ignore them that cant do diddly.

 

SAM:pLOWELL DETESTER

[boo64]

This is a copy of the very last letter sent to them (dates, name etc removed for obvious reasons) :-

 

 

Account number: *******

 

Dear Sir/Madam

 

Request for a True Original Copy of Signed Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974.

 

Account in Dispute

 

I wrote to you on DATE (delivered by recorded delivery on DATE) requesting a true, signed original copy of any credit agreement that exists in relation to the above account. This was a legal request for information under Sections 77 and 78 of the Consumer Credit Act 1974. The statutory fee of £1.00 was enclosed with my original request.

 

Under the terms of the above ‘Act’, if a creditor has not complied within 12 working days of receipt of this request the creditor is in default, rendering the alleged agreement unenforceable until the request is fully complied with, or by a court order. Failure to rectify this default within a calendar month of the 12 working day period means that the creditor has committed an offence under the ‘Act’.

 

Both of these deadlines have now passed and I have received a non-compliant reply in relation to my request. You have not therefore discharged your obligations under the ‘Act’, and remain in default.

 

On advice from the Financial Ombudsman Service, I now require you to reply with your final response to comply fully with my previous request. The maximum timescale for you to give a final response to my complaint is 8 weeks. This time runs from the date of the original complaint, which in this case, is the date you received my original request on DATE.

56 days from this date will expire on DATE.

 

For clarity, I specifically request that any such document you provide as a True Original Copy of the signed executed agreement, along with a true copy of the original terms and conditions which were in force at the time of signing, in support and completion of the agreement (and any such amendments as varied) – show clearly my signature, rather than being omitted as ‘may be’ allowed.

You should also supply to me, a signed statement of account.

 

Should your final response not comply with all statutory regulations and pertinent sections of the ‘Act’, and be a true signed original copy of the alleged executed agreement – I will be left to surmise that no regulated enforceable agreement exists between us, and will ask the Ombudsman to instigate their investigation.

 

Whilst this account is in dispute, and remains in default – I should remind you that you may:-

•Not demand any payment on this account, nor am I obliged to offer any payment to you.

•Not add any further interest or charges to this account.

•Not disclose or pass on this account to any other party/agent.

•Not register any adverse payment history regarding this account with any Credit Reference Agency.

•Not issue a default notice related to this account.

 

Be advised, the Consumer Credit Act 1974/2006 makes very clear that, a default may only be issued for breach of a regulated valid agreement. Further, that disclosure under the Data Protection Act is not, and can not be processed without express consent. This consent is expressly withdrawn until such time as a true copy of the alleged executed credit agreement is provided. As no such properly executed, enforceable agreement has yet been proven to exist, any attempt at serving default, or disclosure of my data to any third party, will have no legal standing, and will be vehemently challenged.

 

I await your final response to this complaint within 14 days of this letter, and would ask you include your proposed actions in the event that you are unable to comply fully with this final request.

 

Yours faithfully

 

 

Is there a link to the failure to supply template or is the above enough ??? also with regard to submitting a complaint to the OFT, is there a template letter available at all ???

 

Many thanks.

Edited July 7, 2009 by boo64

[lickthewallfatboy]

OFT COMPLAINT-

link

 

your letter to them you sent is sufficient IMHO

[boo64]

OFT COMPLAINT-

link

 

your letter to them you sent is sufficient IMHO

 

 

Many thanks for that