Anyone with any experience with Marbles?

[BeingHarrassed]

Sorry, it's me again!! I just need some advice from you fab caggers regarding this sorry affair with Marbles. I sent the CCA request, of which they didn't respond in the allotted time - in fact it has been almost a month since they signed for it. I have therefore sent off an account in dispute letter.......which went recorded delivery on Friday.

I am still getting phone calls on a daily basis from an array of different numbers (me thinks they are trying to confuse me into answering) they NEVER leave a voice mail and I don't ever answer them. They are also sending me texts and emails asking me to call them.

Then yesterday I received a letter of Mr Matthew Ball (not the first I might add) entitled "notice of intended action" - which begins with "you have not responded to our attempts to resolve the serious nature of your over due account..............forgive me if i'm a bit dumb but I have sent THREE signed for letters initially asking for them to accept a reduced payment, I have set up that reduced payment and have been paying it, they have CHOSEN to ignore my requests, furthermore they have ignored my request for a copy of my CCA.

So what do I do now? They are adding extortionate fees every month in fact £400 so far for three missed payments.

This most recent letter from them states if I don't cooperate with them then they will issue a Default Notice, pass my details on to a DCA or take legal action to recover the full amount, like a court order to take payments directly from my earnings blah blah blah - i'm not scared of their threats, but i'm confused about what they can and can't do.

If they are in default of a CCA can they issue a default notice? Are they allowed to add these outrageous fees? Should I respond to this recent letter from them saying I have PROOF that I have attempted to resolve this issue from the recorded delivery letters i've sent - or should I just ignore and see what they do next, once they receive my account in dispute letter? And should I cancel the payment I set up to them until THEY resolve the issue? Sorry to bombard with so many questions, but they are driving me insane!

[BeingHarrassed]

Oh sorry another thing is their address.............on the envelopes they send it's always an edinburgh address but on the letters inside its a HALIFAX address - this is the one i've been using to send my letters to. Just another way to confuse me - does anyone know which address I should be using?

[PriorityOne]

I had a similar merry-go-round with A&L.... so my letters went to the original one that was CCA'd, but were also copied to every other address they tried to give me; by recorded delivery. Two can play at that game.

 

You're playing letter ping pong at the moment, but it's worth responding; headed up COMPLAINT.... referring them to your letters of xx/xx/xx, which were signed for and appear to have been ignored.

[veryweary]

You're playing letter ping pong at the moment, but it's worth responding; headed up COMPLAINT.... referring them to your letters of xx/xx/xx, which were signed for and appear to have been ignored.

 

A Formal Complaint is the way to go now. Marbles will pretend they have mislaid your letters for as long as they can get away with it. Remind them they're in default of your CCA request, the account is now in serious dispute, and while in dispute its against OFT regulations to add interest, charges or default the account. Probably won't stop them but you'll have an audit trail of your attempt to sort this out and Marbles being unreasonable.

 

A Default might not be a bad thing anyway as it will probably be invalid, like the one they sent me. Once defaulted they can't add any further interest or charges. Charges can be claimed back if they ever do manage to produce a valid agreement and as Marbles don't seem to be able to provide anything but unenforceable application forms you probably won't have to pay them anything unless you choose to in the future:)

[BeingHarrassed]

Hey lovely Caggers - i've just received a default notice from these imbeciles. They ignored my CCA request, they ignored my account in serious dispute letter - and now they've issued a default notice. Where do I go now - i'm assuming they are going to pass it on to a DCA asap - I was about to post a letter today to BOTH of the addresses they use re-asking them to comply with the CCA - but since they've issued the default notice I don't think i'll bother.

How can I tell if it's a valid default notice?

[BSC]

It can't be valid. The account is in dispute.

[BeingHarrassed]

So what should I do now? Do I complain to the OFT - I have proof of delivery for the CCA and all other letters i've sent? Do I write to Marbles YET again and tell them they cannot issue the default? Sorry so many questions but they've been doing my head in ignoring me completely. :@(

[veryweary]

Post up the Default Notice they sent you minus your personal details, and the more experienced caggers on your thread can have a look to see if its invalid. If possible leave the dates on it as they're important to be checked, and also say whether they've asked for full repayment, or just current arrears on the default.

 

An invalid default notice may be to your advantage, further down the road in which case you might not want to point this out to them. Also the default should stop any further interest being added.

 

You can also compliant to OFT as they've defaulted while in default of producing your agreement and the account is in dispute.

[PriorityOne]

Issuing a DN is standard practice for Marbles... whether in default of a CCA or not. Time will tell which way they're going next; they'll either sell it on or try and pass it on for legal action.

 

Although it must seem as if you're playing letter tennis, another COMPLAINT will probably stop them from passing it over for legal action.... since it creates a paper trail that they'd rather do without. If you haven't yet sent a complaint at all, then now might be a good time to do it.

[P_D]

It never fails to amaze me the attitude the majority of creditors have. If they only applied a little common sense and compassion the majority of debtors would indeed repay their debts, albeit at a reduced rate & over a longer period. But because of their arrogance, threats and bullying they get peoples backs up and when they discover that an agreement is unenforceable they are so angry with the treatment that has been meted out to them they stick two fingers up and say "right you get nothing now". Then creditors have the termerity to play the 'morality' card.

 

Oddly, Marbles used to do this, when I hit trouble in 2002, they not only consolidated into an interest free loan, but the repayments ended up cheaper than I could afford (and again when I fell out of work last year)! They're the only creditor I've never had any hassle from, and therefore the first one I pay each month.

 

Oh sorry another thing is their address.............on the envelopes they send it's always an edinburgh address but on the letters inside its a HALIFAX address - this is the one i've been using to send my letters to. Just another way to confuse me - does anyone know which address I should be using?

 

I thought HFC/Marbles were based in Birmingham? Their collections department are anyway, unless they've moved recently - the address I've always used (and always had success with) is HFC Bank, PO Box 1520, Birmingham, B1 3PR. Try sending a copy there. If nothing else, it might stop those phone calls.

 

EH.. we're forgetting something else

 

i bet there are heaps of charges/late fees on this & knowing HFC i bet they sneaked PPI on board too!

 

you stand a VERY good chance of getting the PPI back if its there 'cause HFC have been rather [hehe] rapped over the knuckles about that by the regulators!

 

worth a though

 

dx

 

I can't recall whether I had PPI. Where would go about finding out? SAR?

[PriorityOne]

Oddly, Marbles used to do this, when I hit trouble in 2002, they not only consolidated into an interest free loan, but the repayments ended up cheaper than I could afford (and again when I fell out of work last year)! They're the only creditor I've never had any hassle from, and therefore the first one I pay each month.

 

 

That probably means they had no Agreement for you. They tried to do this to me some years ago and I refused because it was just replacing one debt with another..... Being a cynical b*gger, I figured that they must be wanting me to sign something for their benefit and not mine.... since they're perfectly capable of stopping all interest without it, which they did anyway.

 

Turned out to be right.... there was no CCA.

[P_D]

That probably means they had no Agreement for you. They tried to do this to me some years ago and I refused because it was just replacing one debt with another..... Being a cynical b*gger, I figured that they must be wanting me to sign something for their benefit and not mine.... since they're perfectly capable of stopping all interest without it, which they did anyway.

 

Turned out to be right.... there was no CCA.

 

Like I say, this was 2002 (early 20032 in fact) - so before the current Act was conceived, let alone in place. Anything I would have signed (which come to think of it, I don't think I did), woudln't have been drawn up with the existing act in mind.

 

Might SRA them, see where the land lies, just in case they ever get arsey.

[PriorityOne]

Like I say, this was 2002 (early 20032 in fact) - so before the current Act was conceived, let alone in place. Anything I would have signed (which come to think of it, I don't think I did), woudln't have been drawn up with the existing act in mind.

 

Might SRA them, see where the land lies, just in case they ever get arsey.

 

Mine was around 2001. It's worth a CCA and SAR just to see what they've got on you.... they might be jut as slapdash with the new paperwork as they probably were with the old.

 

If you took this new loan out in 2002, then it would fall under CCA, 1974.... so section 127(3) would still apply.

 

[BeingHarrassed]

PD - that address is one i've not heard of! :@(

I sent THREE seperate letters of complaint including copies of all my previous correspondance with them and the CCA request and the account in dispute letter - but none of the addresses I had was a birmingham one. I sent one to the address on the tops of all the letters they send me - which is in Halifax, then one to the address on the envelopes they use, which was in Edinburgh and one to their Dumfernline address. How can they get away with trying to confuse consumers with so many addresses. Surely a judge wouldn't look too kindly upon them? It's deliberately trying to confuse me.

The phone calls have stopped by the way - I think since they issued the default notice. Which having looked at - I think is valid as it only includes the figure for the amount i'm in arrears - does that sound right. I will try and photo bucket it up but I have a two year old clinging to my every move and haven't had the chance to yet!

[cerberusalert]

Have they stipulated a remedy date which is at least 14 days from receipt?

[BeingHarrassed]

I think so. I received it on Wednesday last week which was the 14th??? The letter is dated the 8th - not quite sure why it took so long to arrive. It says Imust pay £x into my card account before 29th October. The £x is the arrears and not the full amount. It then goes on to say if I pay it then no further enforcement will be taken in respect of the breach but if I don't pay it before the date then further action may be taken against me: we will terminate your account and I will have to pay the full amount immediately. If I don't do this they may take legal action against me and/or instruct a DCA to recover any ammount I owe.

[BeingHarrassed]

Hi Guys, a quick update and some more advice please.......

 

Today I received a letter from Marbles stating:

 

I write in response to your request for a copy of your CCA.....I have enclosed a copy of your current executed agreement and a signed statement of your account. I have requested a copy of the original signed application form from the relevent department. You will receive a copy of this shortly under seperate cover.

 

If you are considering using the services of a claims mangement company we would like to remind you of the recent warnings issued by the minestry of justice and citizens advice bureau. The Ministry of Justice headline reads "Businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts and other consumer debts to be written off have been told to stop or face action Justice Minister Prentice said today, under new guidelines issued by the Ministry of Justice.

 

Finally we must remind you that failure to make payments under this agreement will result in collection activites and any default may also be reported to the Credit Reference Agencies.

 

They have included a statement of account signed by a "senior manager" for customer services and support. And then also a copy of a credit card agreement which has my name on it under the "parties" section - but no signature. It's just any old CCA that they have put together but like I said it does not bear my signature.

 

They are then going to send me a copy of my signed agreement - apparently. Although why they haven't been able to do so with this letter beats me. Whats the point of sending me an unsigned one? And what are they on about telling me that the use of a claims management company is now illegal?? I'm not using one - i'm merely asking for a copy of my CCA because they so RUDELY ignored my offers of a reduced payment until I find my self back on my feet financially.

 

Anyway - my question is what do I do next? Do I wait for the "signed" application form they are going to send me - or should I send an account in dispute letter - given they have failed to comply with my CCA?

[BeingHarrassed]

anyone? bump!

[PriorityOne]

Hi Guys, a quick update and some more advice please.......

 

Today I received a letter from Marbles stating:

 

I write in response to your request for a copy of your CCA.....I have enclosed a copy of your current executed agreement and a signed statement of your account. I have requested a copy of the original signed application form from the relevent department. You will receive a copy of this shortly under seperate cover.

 

If you are considering using the services of a claims mangement company we would like to remind you of the recent warnings issued by the minestry of justice and citizens advice bureau. The Ministry of Justice headline reads "Businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts and other consumer debts to be written off have been told to stop or face action Justice Minister Prentice said today, under new guidelines issued by the Ministry of Justice.

 

Finally we must remind you that failure to make payments under this agreement will result in collection activites and any default may also be reported to the Credit Reference Agencies.

 

They have included a statement of account signed by a "senior manager" for customer services and support. And then also a copy of a credit card agreement which has my name on it under the "parties" section - but no signature. It's just any old CCA that they have put together but like I said it does not bear my signature.

 

They are then going to send me a copy of my signed agreement - apparently. Although why they haven't been able to do so with this letter beats me. Whats the point of sending me an unsigned one? And what are they on about telling me that the use of a claims management company is now illegal?? I'm not using one - i'm merely asking for a copy of my CCA because they so RUDELY ignored my offers of a reduced payment until I find my self back on my feet financially.

 

Anyway - my question is what do I do next? Do I wait for the "signed" application form they are going to send me - or should I send an account in dispute letter - given they have failed to comply with my CCA?

 

This is merely an attempt to get you to think they have their paperwork in order, when they clearly don't. Their bit about using a Claims Management Company is meant to un-nerve you... take no notice. Just file this one away

 

I would wait and see what else they send you, but it's unlikely to be an Agreement. Once you have what they're planning to send you as well, you can then attack the whole lot for being a pile of unenforceable sh*t.

 

[BeingHarrassed]

Hey guys - a quick update. I've still not received a signed CCA from these guys. I've had a few more "default" threat notices and statements with endless late charges added on. Today I received a letter from Anne Gartshore - who is apparently the Senior Manager of Customer Services and Support which reads:

 

Thank you for your letter dated 13th October and firstly please accept my apologies for the delay in responding.

 

As you will be aware we have taken over the admiistration of this account from HSBC however we have had to request the documents you require from them. This unfortunately is why we have not as yet fulfilled your request.

 

As soon as we receive the information, we will forward it on to you.

 

It seems clear there is no dispute over the fact the funds borrowed are required to be repaid on the terms on which that payment is due. Even if the agreement was not enforcable, which is not the case here, it is clear from case law, this only prevents one party from enforcing the agreement through the courts.

 

Please note you have no contractual or statutory right to withhold payment to your account and as your account is in arrears, we will continue to ask you to rectify this default.

 

For the avoidance of doubt the Consumer Credit Act does not prohibit collection activity when an account is in dispute. We will therefore continue with our normal collections and credit reference reporting activities.

 

I hope this clarifies our position.

 

Erm, can anyone please translate this - because I really don't get it.

 

They are continuing to call me up to 10 times a day - I don't answer. They send letters virtually every other day. I reasonably asked them to accept a reduced payment and freeze my interest whilst I sort out my debts - they've ignored my request. I therefore CCA'd them - so far i've recieved nothing but a statement of account from them.

 

Do I reply to this woman? If I actually understood what she was harping on about it would make a start!? If anyone can assist in translating i'll be eternally grateful!

[cerberusalert]

She's talking rubbish, send this;

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

DO NOT IGNORE THIS LETTER - LITIGATION ADVICE

 

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 period has expired.

 

As you are no doubt aware section 77(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.

 

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.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Print name do not sign Edit to suit

[BeingHarrassed]

Thank you! I'll get one of those in the post tommorrow!

[BeingHarrassed]

Hi guys - a bit of an update and some more advice kindly sought!!

 

I sent the above account in dispute letter which was delivered and signed for on 20/11/09 - and since then I've heard nothing more until today. I have still not received a copy of my CCA - I haven't even had as much as a signed application form - only the drivel that i've spoken about in post number 42!? They've continued to hound me by telephone 5 or 6 times a day - I don't ever answer - given that i've asked them to only contact me by letter.........(I'm thinking of changing my mobile number)

 

Anyway today i've received the following letter:

 

You have not contacted us to discuss the recent Default Notice issued to you. Unless you contact us immediately to discuss your account, we will be left with no alternative but to:

a) Terminate our credit agreement with you and request the full balance on the account

b) Refer your account to our debt collection agency, who will demand the FULL balance of the account. The actions they may take include issuance of a County Court Claim or requesting a collection agent call at your property to collect payment.

 

You can prevent this action by calling us immediately...blah blah blah

 

So what do I reply to that? They are obviously deluded - the opening sentence stating that i've not contacted them is unbelievable. I've sent countless letters to them - and they've responded to some (not all). Do I write back and state all my letters in chronological order - and again state that they have failed to provide me with a signed copy of my CCA?

 

They blatantly keep trying to confuse me by writing from different addresses all the time............I don't think i've ever hated anyone as much as I do Marbles! How dare they threaten me with a collection agent to my door - do they think I don't know the law?

 

Anyway - can anyone advise on what I should respond?

[willtheywontthey]

I also went through all that with Marbles aka HFC. They blatantly ignored all my letters and kept sending their waffle. I reported them to ICO as well for not complying with SAR. ICO told them off and that is all. Marbles defaulted me and refuse to allow me to see the so-called DN. Basically the DN they did send was so vague and said if I ever ever ever paid them late again they would huff and puff and default me. So they did.

 

They sold the debt without telling me it seems as it somehow ended up with SAV credit who I never heard of until I got a letter from Lowells saying they had bought debt from SAV credit... aka who the hell are they.

 

Lowells then got ccad by me. They delayed. They eventually sent me a letter saying SAV Credit had advised them (lowells) the cca is no longer available due to the length of time since the account was opened wiht me (!!). They ahve now closed their file..... unless magic happens and a cca is found.

 

That is just one very quick update of my experience with Marbles - maybe will help. Oh and FOS still dealing with my complaint against them but the FOS adjudicator is useless.

[PriorityOne]

It's one of their template letters.... I wouldn't bother replying; let them sell the account if they want to.

 

It will still be unenforceable without a valid CCA