Anyone with any experience with Marbles?

[birchave0]

I had to share this with everyone - I received a text message from Marbles today (amongst the 5/6 phone calls i'm still getting daily) and in it they asked me to call them because they want to offer me a seasonal settlement offer.............what is this supposed to mean???? I mean, they refused my initial repayment offer, they've failed to comply with my request for a signed credit agrement, they've threatened me with countless letters - but now they are texting me offering me a discount????

I'm guessing the advice from you lot would be to ignore and file away? But thought i'd just check!?

 

they are keen to sort out a settlement as they know they probably have an unenforcable agreement.

 

send them a copy of the below letter

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

also inform them you will only communicate with them by letter. If they want to discuss a settlement, they can put it in writing.

[BeingHarrassed]

Hi everyone!! Well aside from the millions of calls i've had from the evil Marbles over the last few weeks (including Boxing Day - I kid you not!) I'd not had anything in writing from them until today. Where I received two letters! One is randomly dated the 25th of December and states:

 

Under the Consumer Credit Act 1974 we are required to give you this notice as you have failed to make the full minimum monthly payment in each of the last two months in relation to the credit card account shown above.

 

It then lists two contractual minimum payments that have been missed.

 

The second letter is dated the 29th of December and states:

 

You have not brought your account up to date and, as advised in previous coresspondence, the next step will be to terminate the agreement and the account will be transferred to a Debt Colleciton Agency. You may be able to avoid this action by making a payment within the next 7 days.

We may also be able to offer a settlement figure to you which will involve reducing your balance. Please call today to discuss your settlement figure. If we do not hear from you the next contact you will have regarding this matter will be from our debt collection agency,

Love from

Matthew Ball

Ok I exagerate when I say he signed it with "love" - but nonetheless - not really sure if I need to respond to this. They have still not provided me anything other than the blank CCA (although what with the test cases stuff being written - I don't know if this is now enough?) no application form etc.

 

It baffles me that they keep offering me a settlement! Yet when I wrote to them initially offering reduced payments they ignored me. Should I wait to see which DCA they pass it to and begin battle with them - or should I respond? Any advice appreciated!

[PriorityOne]

Personally, I'd let them get on with it.... there doesn't seem anything to respond to anymore.

[jimbo45]

Hi all

For Marbles the account will probably be passed to their "Extortioner" firm Restons in Warrington.

 

Marbles accounts are usually old HFC (a subsidiary of HSBC) which specialized in "Riskier" Loans.

 

They will attempt to add HORRENDOUS "Collection Charges" to the accound -- 2,000 GBP on a 9,000 GBP is the sort of amount these DIGUSTING WRTECHES try and extort you with.

 

Not only that these guys run cowardly fashion to Court at a drop of a Hat -- so get your CCA and S.A.R and do everything you can before these SCUMBAGS get hold of the account but they will also go the whole charging route AND FORCED SALE OF YOUR HOME if they even think its remotely possible.

 

While Forced Sale is relativerly rare these Scumbugs will threaten, Cajole etc etc -- and about the only area you can get them on when they add on illegal "Collection" charges etc -- so prepare yourself in advance and get the S.A.R from the original lender. This will contain what the actual outstanding balance / interest is at the time of termination of the agreement.

 

The whole Charging order process IMO on UNSECURED DEBT where this possibility is NEVER mentioned on Credit card agreements is totally immoral - but what morality does any DCA ever have - and the words and Restons are totally mutually exclusive.

 

Check whether the also that the account is STATUTE BARRED or not.

 

If no payments etc have been paid to this account for 6 Years - then its Statute Barred and you can tell Marbles to go and make a sexual move with a Duck.

 

Restons will get a CCJ at a drop of a hat - usually via the "Auto Court" thing in Northampton and then they go for Charging Orders as the CCJ's they get always demand "Full and Immediate settlement" which obviously people can't do or they wouldn't be in the problem in the first place.

 

If you DO actually get the account passed to a DCA you probably will be better off believe it or not.

 

RESTONS are the WORST "PEOPLE" ever to deal with and RUSH to courts EVERY TIME unless you've really done your homework.

 

(If the Marbles card is issued by another lender i.e not HFC you might be spared the "Restons Treatment" -- Be greatful if Restons don't get involved).

 

Cheers

jimbo

[PriorityOne]

You seem determined to put the fear of God into people Jimbo.... but what you're saying is bowlarks. Please re-read my earlier post. I've dealt with HFC/Marbles myself and have experienced none of what you say WILL happen....

 

So have others on here...

 

Please pack it in.

Edited January 7, 2010 by PriorityOne
typo

[PriorityOne]

I've done a search for your threads Jimbo.... and it seems that you were taken to court for a CCJ and Charging Order by Restons, which is where your hatred comes from.

 

This does happen when legal action goes undefended, which I'm assuming is what happened here. HFC/Restons have relied on legal action going undefended for a long time... but the tide is changing. When they realise that someone knows a tad more than they thought they did, then HFC back off.... Restons don't even get a look-in.... and legal threats disappear from the horizon.

 

Sometimes, they fancy their chances in court nonetheless.... but it's not a guaranteed eventuality, like your posts imply.

Edited January 7, 2010 by PriorityOne

[BSC]

Hear hear. HFC were a pushover, you just need to follow the advice given

[birchave0]

You seem determined to put the fear of God into people Jimbo.... but what you're saying is bowlarks. Please re-read my earlier post. I've dealt with HFC/Marbles myself and have experienced none of what you say WILL happen....

 

So have others on here...

 

Please pack it in.

 

hear, hear

 

having not paid Marbles one penny for over two and half years, why have I now had a charging order put on my house??????

 

Because they DO NOT have the correct paperwork to carry out all the threats they make!

 

I do not intend to come across the wrong way Jimbo, but if you do not have anything helpful to post, please don't post anything. it is not helpful, and is quite upsetting and distressing.

 

A charging order can only be applied for if you fail to comply with a payment plan after County Court Judgement has been made.

This would mean that you would have to pay the debt when you ever sell your house.

 

A judgement will never be made without the correct agreement.

 

Birch

x

[BeingHarrassed]

I'd be more scared if I owned a house to have a charging order put on - but the simple fact is I don't! I have done everything by the book so far - asking for a copy of my CCA and they have failed to comply - which by their own admission - is because they cannot locate it.

 

Don't worry guys - i've not been scared by the threat of Restons - i'm quite happy to face anyone in court over this..............

 

I've avoided court with all my debtors so far - including threats from the infamous Howard Cohen - I could be riding my luck - but I know that everyone here will help me out if it does get to court.

 

Am I wrong in thinking that Restons are the internal debt collectors at HFC? And should I send the SAR? I haven't done so yet - only the CCA and account in dispute letter following it!?

[PriorityOne]

I'd be more scared if I owned a house to have a charging order put on - but the simple fact is I don't! I have done everything by the book so far - asking for a copy of my CCA and they have failed to comply - which by their own admission - is because they cannot locate it.

 

Don't worry guys - i've not been scared by the threat of Restons - i'm quite happy to face anyone in court over this..............

 

I've avoided court with all my debtors so far - including threats from the infamous Howard Cohen - I could be riding my luck - but I know that everyone here will help me out if it does get to court.

 

Am I wrong in thinking that Restons are the internal debt collectors at HFC? And should I send the SAR? I haven't done so yet - only the CCA and account in dispute letter following it!?

 

 

Well, I do own a house and they knew it. The law is the law though...

 

Restons are the solicitors that HFC use. The other lot are Weightmans. Neither will have bought the debt and will be acting on instructions from HFC, but can be very aggressive, so they do need to be put back in their place from time to time.

 

If you are sending a SAR, then it should go to HFC.... but it does no harm to let Restons know that you've done it because your disputing the balance on the account. This is not the same as placing an account "in dispute" however.... which the CCA request does.

 

[BeingHarrassed]

Hi Guys, after a month of hearing nothing from Marbles (the phonecalls finally stopped as did the letters) I received a text message from First Credit this morning - asking me to call them urgently. Now obviously I have no intention of calling them - it seems odd to text me first, rather than call or write - but hey ho.

Marbles never sent me a copy of my credit agreement - not even one of their dodgy application forms - so i've kind of got the feeling that they've just sold the debt on........I just wondered if First Credit were one of the usual DCA's for Marbles to use?? I was kind of expecting Restons to take over - given the replies on here. I've been looking through all my paperwork that Marbles have sent - and I can't find a default notice - only threats of one...and like I said no credit agreement whatsoever!

Am I right in thinking I just sit tight and wait for the letters to start from First Credit?

[moneyworries]

Hello

Just to add my experience:

Got into difficulties and ended up in DMP with Payplan who offered payment schedule. Marbles wanted proof of salary etc which I sent to Payplan who sent a letter to Marbles saying that they had verified it but gave no details of my employer.

All went well until debt passed to Restons to administrate who made the usual threats - debt was for about £4k by the way. I just kept telling Restons the same thing each time. Restons then got bored and HFC sold the debt to Marlin who are a bunch of monkeys (IMO)

Marlin are an aggressive DCA but are renowned for not having any paperwork. I CCA'd them and put the account into dispute. I remained respectful and paid them the amount agreed with Marbles in the meantime but after a few months of back and forth with Rankin excuses I sent them a "take me to court or drop it cos I'm stopping payments now" letter and they dropped it - I got a letter from them saying that HFC had released me from my obligations concerning this debt and no further action would be taken.

 

I would recommend you stand your ground - I was never disputing the fact that I had a debt to pay, but it's a fact of law that DCA's/Creditors cannot enforce the debt in court without certain paperwork so I refused to be bullied into court by Marlin who rely on the fact that people don't know how to defend their groundless legal threats - even following the bank ruling they still have to provide certain things to prove that they legally own and can enforce the debt which was all I wanted them to prove. I'm sure you'll have the same experience with First Credit, just stand your ground and make sure you hold them to account..

 

Good Luck!!

[PriorityOne]

Am I right in thinking I just sit tight and wait for the letters to start from First Credit?

 

Yep...

[veryweary]

.I just wondered if First Credit were one of the usual DCA's for Marbles to use?? I was kind of expecting Restons to take over - given the replies on here.

Am I right in thinking I just sit tight and wait for the letters to start from First Credit?

 

Yes , my alleged Marbles account was sold to 1st Credit nearly 2 years ago. .

 

As HFC will never find the correct paperwork, you shouldn't have any problems in getting 1stCred to crawl back under thier stone again.

[BeingHarrassed]

just find it so odd that their first contact with me is a text message! It's a first for me......

I'll hang on until the letters start - then i'm guessing i'll send off the account in dispute letter?

[PriorityOne]

Mine wasn't sold to 1st Credit.... it went to Cabot.

 

No worries though...

[BeingHarrassed]

Ok....so today the phone calls have started from 1st Credit - and still not a letter in sight to explain exactly why they are calling me. I've not spoken to them - had a missed call from a number - called it back and it was them....obviously just hung up! But there have been three more missed calls from them since.

Is this usual practice from them - to text and call but not write to say why they are involved? If I didn't know about CAG or had been receiving excellent advice from you people for years - then this kind of harrassment would have scared me. It's not like I can even write to them to tell them to stop calling me - because I don't have anything in writing from them with a reference number on it.

I'm very confused - I certainly don't want to be receiving several calls from them a day - but how do I stop them?

[cerberusalert]

Send them this;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully, **Print name do not sign**

[BeingHarrassed]

It would appear I spoke too soon!! I have today received two letters from these cretins!

The first was sent to my mother's address. The Marbles card was NEVER registered to this address, so I don't know how they obtained it. However it was addressed to me but read as follows:

 

1st Credit Limited is attempting to contact the above named person regarding a personal matter.

 

Your address has been supplied as a possible address for our subject who was previously resident at:

 

MY CURRENT ADDRESS WHERE I HAVE LIVED FOR THREE YEARS WAS THEN WRITTEN

Please contact our offices immediately on telephone number and quote the above 1st Credit Reference number at which time further information can be provided.

 

If you are not the individual we are attempting to contact or have information that may assist, please call at your earliest convenience, in order that we may correct our records.

 

If no response is received within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all relevant correspondence is sent to you.

 

Now i'm not that clued up on everything but given the fact that the letter was addressed to me - if it hadn't been my mum's address, then the way they have written the letter is in fact encouraging people to open letters not addressed to them!? Surely this is illegal?

 

So far i've only had ONE text from them and one day of continuous calling. They have made NO ATTEPMT to write to me at my actual address - which they clearly know because they have written it in this letter.

 

HOWEVER, having got the letter from my mum's this morning - when I returned home - I had a letter from them as well. They were dated the same day,

 

This is one of their usual threats, Marbles have instructed them to collect on their behalf, blah blah blah...............they have added nearly £1.5k in interest and charges since last July - which I find incredulous.

 

I'm guessing I now send the account is in dispute due to a lack of anything with my signature on it......or do I send the bemused one?

 

And any comments on the legality of them sending the other letter to my mum's address?

 

All advice greatly welcomed!!

[BeingHarrassed]

bump - anyone?

[PriorityOne]

 

If no response is received within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all relevant correspondence is sent to you.

 

This is one of their usual threats, Marbles have instructed them to collect on their behalf, blah blah blah...............they have added nearly £1.5k in interest and charges since last July - which I find incredulous.

 

I'm guessing I now send the account is in dispute due to a lack of anything with my signature on it......or do I send the bemused one?

 

 

Hmmmm.... tricky.

 

On the face of it, they shouldn't be going on a phishing expedition anyway, but if you ignore them.... .there's always the risk that they could send court papers to your Mum's house. Although these could be defended and/or set aside (if applicable), it's just grief that neither of you need.

 

I would write to them and state that the account is still in default and until such times as an enforceable Agreement can be produced and re-enforced, no payments will be forthcoming to anyone. Add that if any more phishing letters are posted to addresses other than your own that you will report them for harrassment.... or whatever letter you have in mind. The "bemused" one should cover it.... by rec. delivery.

 

The charges are neither here nor there for now because there's no enforceable Agreement, but they're just there to un-nerve you.

 

[BeingHarrassed]

Thanks for responding Priority One! I'm going to send the bemused letter recorded on Monday. I just have a quick question first.....

 

In post 56 I put a copy of the letter Marbles sent me basically admitting they have no CCA for the account, should I send First Credit a copy of this letter?

 

Or should I keep this as a trump card for a later date.......?

 

Many Thanks!

[PriorityOne]

I wouldn't send a copy of it, no..... because they'll probably latch on to key words that suit them, such as "at the moment" and so on...

 

Instead, adapt the "bemused" letter to include something like.... HFC have already confirmed to me in their letter of xx/xx/xx that they no longer hold such an Agreement and I therefore suggest that you now liaise with HFC directly instead of continuing to pursue payment on an unenforceable and alleged debt....

 

Wordplay can work both ways.....

[BeingHarrassed]

Oooh like your style of thinking......i'll put that sentence into the bemused letter, reckon it should throw them somewhat! Thank you!

[BeingHarrassed]

Hi guys, a quick update........I posted the bemused letter on the 5th March - sent recorded delivery and signed for on the 8th of March. In the meantime, 1st Credit sent another letter to my mum's address - asking for immediate repayment blah blah blah - which I ignored.

 

Today i've had a letter sent from 1st Credit headed up in a box LEGAL PROCEEDINGS..........it's dated the 9th March and only arrived today - the 18th???? Since when did Royal Mail take so long to deliver letters.

 

The letter goes on about they "may" have to recommend to their client that legal action is taken against you etc......

 

Now Marbles have still not provided me with a copy of my CCA - nor in fact have they provided me with anything with my puported signature on it - no application form or anything.

 

So what should I do with this letter....do I ignore and wait for them to respond to the letter I sent about the account being in dispute - or should I reply to it?

 

I get very confused about the whole legal process - can they even start legal proceedings when they have failed to provide me with ANYTHING i've asked for?

 

Any Advice gratefully received as usual!