Advice on dealing with DCA...

[mestaoptik]

Hi all,

 

I would like some advice please on continuing my dispute with Marlin. They have sent me letters for £324.27. This is an alleged debt from CapitalOne from 2005. It has been passed from OC to Arrow Global then Marlin. I sent them a letter constructed from templates which included my request for CCA. The original request from me was dated 10th May 2009 and was posted recorded 13th May 2009 (have PO receipt), I received a reply dated 27th May 2009 stating they did not hold all the information regarding my account and had applied to Global for a copy of my CCA. They also asked for a fee of £10.00 for the request of personal data.

 

I have had two telephone conversations with them and on both occasions have stated I do not acknowledge any debt with them, and always concluded the end of the phone call with the same statement.

 

They have finally sent me a photocopy of my CCA, signed on the 16th April 2005 (two signatures on agreement, one of is in box with 'Authorised signature of CapitalOne' - I could scan this document but as it has already been scanned, I doubt the quality of the picture). This was received today 8th July 2009.

 

I have been reading and I am unsure what steps to take next. My feeling is to send a further letter asking them to show me the Notice of Assignment(s) regarding this account.

 

I thought it may be worth mentioning that the CCA is addressed to me not in block capitals, just first letters of name in upper-case. I can also post the letter I sent them on here if needed.

 

Any help and advice is greatly appreciated,

 

M.O

[PGH7447]

without seeing the agreement we cant really comment on whether it is any good or not

[mestaoptik]

I'll scan the copy and post it back here asap.

 

Thanks.

[mestaoptik]

Thanks,

 

M.O.

 

 

MODERATOR'S NOTE:

I have edited the images in this post. Your signature was clearly visible.

Please mask the signature before re-posting.

 

Regards, Rooster-UK.

Edited July 8, 2009 by mestaoptik
Signature showing on documents.

[clemma]

Is that it? Typical Cap1 "agreement" - totally unenforceable I would take your signature off it as well if I was you

 

Send them this:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[mestaoptik]

It may help if I show you the letter I sent to them.

 

XXXXXXXXXXX

c/o XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXX

10 MAY 2009

 

 

MARLIN FINANCIAL SERVICES LTD

MARLIN HOUSE

WEST SUSSEX

BN11 1QP

 

 

Dear Sir / Madam

 

 

I refer to your contact dated the 5 May 2009 with reference XXXXX in which you allege there is an outstanding balance of £342.27 owed by me to your client ARROW GLOBAL LLC.

 

 

I do not acknowledge any such debt either to your company or to ARROW GLOBAL LLC.

 

 

I ask that you no longer process my data and that you cease all further communications as is my right under Section 10, subsection (1) of the Data Protection Act 1998. You have 21 days from receipt of this letter to state that you comply or intend to comply with my request. Should you not comply or intend to comply, you are to state your reasons as to why.

 

 

Please be aware that I will regard any further approaches other than in writing as harassment under S40 of the Administration of Justice Act 1970, and any inappropriate written contact as harassment under that Act or S1 of the Malicious Communications Act 1988.

 

 

Should it be your intention to pass the “debt / account” to your Litigation Department to take enforcement action resulting in a County Court Order being made against me, and to enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith.

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

 

 

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with CAPITAL ONE.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

Furthermore, should it be your intention to arrange a “field collectors visit”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Failure to comply with any of the requests in this letter will result in further action being taken by me. This may include and may not solely be restricted to a complaint being made to The Office of Fair Trading and the Credit Services Association with regard to your professional conduct.

 

Please note that you will receive no further correspondence from me on this matter. The only communication I would now expect to receive from you would be confirmation that the matter is now closed.

 

 

Yours faithfully,

[mestaoptik]

Should the letter be signed by me?

 

I know it may sound like a bit of a daft qusetion but I have read on here and other places not to sign certain letters.

 

It's ready for posting once I get the confirmation on whether to sign it.

 

Thanks,

 

M.O.

[diddydicky]

Should the letter be signed by me?

 

I know it may sound like a bit of a daft qusetion but I have read on here and other places not to sign certain letters.

 

It's ready for posting once I get the confirmation on whether to sign it.

 

Thanks,

 

M.O.

 

is the copy you have legible?

 

if it is not EASILY legible then it fails on this point alone to comply with the requirements of the CCA and puts them in default and you should include the fact that it does not comply with the default notices and copies of documents regulations 1983 (2) which demands that copies of documents sent in response to the request must be "easily legible"

Edited July 8, 2009 by diddydicky
misse d a bit out

[alfwithhair]

Never sign anything to a DCA, print your name or use a digital signiture