Anyone with any experience with Marbles?

[BeingHarrassed]

From reading other people's threads - it would seem Marbles readily send out an application form in response to a CCA request.....is this common practice for them? And also those people who have had an application form - how quickly has it been sent out?

 

I'll stick to ignoring them then and won't respond to this latest letter - I just want the phone calls to stop. They have ignored my requests to stop calling...I can't work out how to bar the number from calling me! It's really very stressful - I think one day I had 14 missed calls from them!

[PriorityOne]

From reading other people's threads - it would seem Marbles readily send out an application form in response to a CCA request.....is this common practice for them? Yes.... it's all they have...And also those people who have had an application form - how quickly has it been sent out? It was pretty quickly sent out.

 

I'll stick to ignoring them then and won't respond to this latest letter - I just want the phone calls to stop. They have ignored my requests to stop calling...I can't work out how to bar the number from calling me! It's really very stressful - I think one day I had 14 missed calls from them!

 

They will call and call and call because you're on an automated dialling system. Annoying as it may be, just hang up. They do get the message eventually... but it can take up to 6 months

[BeingHarrassed]

Hmmmm if the application forms are normally quickly sent out - i'm wondering if they even have one for me? I can't really remember but i've got a feeling I applied online for this card - I don't know if that would make a difference?

 

That's so frustrating on the phone calls - they start so blooming early and sometimes can ring as late as 8.30pm! Maybe i'll speak to my network provider about changing my mobile number - just to get some respite from it!

[griffin036]

BeingHarrassed - they may well have the application form you filled in when applying for the card ......However - they seem to only keep a copy of the front part of it. The reverse with the all important prescribed terms is missing! When did you open the account?

Since Aviemore Funding ( part of HBOS) took over from HFC all correspondance should be addressed to:

 

marbles Card Services,

PO Box 333

Halifax,

HX1 2UB

[BeingHarrassed]

Hi Griffin - I do use that address but they ignore all the letters I send - the only response I get is when I address letters to their Edinburgh address or their Dunferline address. I've sent countless letters to the Halifax one - which is where Matthew Ball sends his letters out from - but the NEVER respond to them.

 

As for when I took the card out - I think it was 2005?

[BeingHarrassed]

Hi people, i've had a new letter today........this has come from Anne Gartshore again from the Dunfermline address and reads as follows:

 

I write in response to your request for a copy of your consumer credit agreement under section78 of the consumer credit act 1974 (CCA)

 

At the moment we are unable to provide a copy of the original agreement.

 

The signed agreement was made with HFC Bnk Lt and we can confirm that their procedure has always been to obtain the customers signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confident that the agreement remains enforceable.

 

The regulations define what is required of a "copy". Whilst regulation 3 provides "every copy" of an executed agreement.....shall be a true copy". Regulation 3(2)(b) provides that a copy can omit any signature box, signature or date of signature.

 

In summary, to comply with Section 78, the copy does not need to be a copy with the customers signature on it. We do not have to produce an actual copy of the document signed. The purpose of Section 78 is to allow debtors access to the terms and conditions of their agreement and by providing the debtor with a true copy of the terms and conditions of the agreement we have complied with Section 78.

 

However, even if an agreement is found to be unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court.

 

I hope this clarifies our position.

 

So, I may be an (albeit fake) blonde - and might be missing something here - but are they saying that a signed credit agreement means nothing - and that they don't need to provide anything with my signature on it? In other words just as long as they have supplied me with a copy of the terms and conditions then the debt is valid. Surely that could mean they could send out "unsigned" copies of their terms and conditions to any tom, dick and harry and tell them they owe money because they are in possession of some terms and conditions of a credit agreement?

 

They haven't even provided me with a signed application form which they refer to in paragraph 3......

 

So i'm guessing my question is - how do I respond to this? I am so desperate to end the constant phone calls to my mobile. Also their right arm and their left arm are doing two seperate things. I've received this response from Dunfermline, but yet not long ago I received the letter in my 48th post from their Halifax address, threatening me with ignoring their default notice.

 

It's driving me insane!!!!!!!!!!!!!!!!!!!!

[BeingHarrassed]

Anyone? Sorry, I've been trawling through old and new threads about Marbles and cannot find a letter similar to this one - and really don't know how to respond to it?

[cerberusalert]

She's admitted that they cannot locate the CCA, if they had one there's no reason for them not to send it. Besides, even if they were daft enough to try and pursue this at CCJ level you could bring them to 'Strict Proof' where they would have to produce it.

 

The formula is simple No CCA = No enforceable agreement = They're stuffed.

 

Just ignore them for now, but keep that letter safe in case a DCA crawls from under a rock.

[jimbo45]

Hi there

Be careful - because after the phone calls -- usually from some stupid Indian Overseas call centre you'll get RESTONS EXTORTIONERS involved.

They'll get a CCJ PDQ via the Northampton Bulk Court (Oh dear Citizens of that County -- how on earth did you allow such a basically EVIL business to operate right in the Centre of England) .

 

They will apply MASSIVE Fees -- for example 1600 GBP on 5,000 GBP debt.

 

They will be TOTALLY unreasonable in ANY communication and are probably the worst **** I've ever had to deal with.

 

After CCJ they will be back in Court again so fast that their feet will hardly touch the ground for Interim and Final Charging orders too.

 

Disgusting ****.

 

I'd have a real look to see what you can do -- there are a lot of compalints against RESTONS in particular - but what is really horrendous is that whilst THEY apparently can get away with totally extortionate charges - we have to go through all sorts of rings and hoops - often having to pay out money we can ill afford (otherwise we wouldn't be in the mess in the first place).

 

If you DON'T own property an IVA S or even Bankruptcy might be the only way to get these inevitable vermin off your back (as they will soon be involved) - but get legal advice on this --Bankruptcy isn't the stigma it was -- and I wouldn't worry about Tittle-Tattle credit reference agencies --after dealing with this lot I'm sure you won't even want to THINK about using a Credit card ever again.

 

RESTONS are notorious in using the Charging Order route and there are cases of going for a forced sale of property for debts as small as 1,000 GBP.

 

It's HORRENDOUS that this possibility isn't shown on the original Credit Card agreement.

 

RESTONS have so many complaints against them that they are probably used to the CCA request but I'd imagine the paper work from HFC bank won't be as good so you probably will get somewhere down the S.A.R route.

 

Once RESTONS get involved its pure Purgatory -- I've often thought I'll just BURN the wrteched House down rather than give in to those ****.

 

Goodluck and hoping you can fix it before "The Extortioners" get involved.

Seem like you've got a lucky break with a "Flakey" or Non-existant CCA.

 

-- "Keep on Truck'in" and above all keep RESTONS out of the loop for as long as you can -- they are HFC Bank's chief extortioners.

 

Cheers

jimbo

Edited December 11, 2009 by jimbo45

[cerberusalert]

Restons would only get a CCJ if it went undefended.

[BSC]

Yes, just ignore them. They told you they can't find the agreement and they know they can't do anything until they do.

[jimbo45]

Hi all

Once Restons get involved you'll be surprised how a CCA will magically appear.

 

I'd start preparing also a Plan'B' just in case the CCA does appear -- don't be caught on the hop --certainly not by RESTONS who are at this moment smacking their lips with the prospect of another set of extortionate fees of over over a Thousand quid for writing a few stinking letters.

 

Get the SAR request in now.

 

Unlike a lot of DCA's etc this lot are like some DOGS --THEY NEVER GIVE UP.

 

Cheers

jimbo

[birchave0]

my battle with HFC/Marbles goes back to Jan 07, I've not paid them a penny since May 07 when I placed the account in dispute over the incomplete CCA and the miss sold PPI.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/215366-birchave0-marbles.html

 

here's a link to my thread.

 

they will threaten you with all sorts but stand your ground. No one rings me any more and my complaint is currently with the FOS who I think are siding we me

 

They are a complete bunch of muppets, I believe they don't have ANY agreements. I was told that Marbles scanned them all onto a mainframe system then shredded the originals, oops....

 

So I don't know what they will be planning to produce should it ever get as far as court.

 

Send them a harrassment letter and tell them to back off.

 

I would also check your statements and make sure they haven't slyed ony PPI on

[BeingHarrassed]

But surely I would be able to defend if they go down the court route - if they have not provided ANYTHING with my signature on it? By their own admission in their final paragrapgh of their letter they've said if the agreement is unenforceable then they would not be able to pursue me through the courts?

 

So is the general consensus that I should ignore this last letter. Is it worth me photocopying it and sending it in response to Matthew Ball in the Halifax office - and it's apparent that the individual offices to not concur with each other?

[BSC]

I really wouldn't bother - it's not your fault that the left hand doesn't know what the right hand is doing and if it were to go to court these conflicting communications would only work in your favour.

[BeingHarrassed]

Okay - I'll leave this one then and wait for their next communication. I've developed the habit now of answering my phone and saying nothing when they call - it irritates me less than finding 14 missed calls on my phone. I might let my 2 year old answer though...........he would probably be on the same level as them!!

 

Birchave0 - I just read your thread....can I ask when they managed to provide the signed application form - because as yet they've not even provided me with one of those!?

[birchave0]

Okay - I'll leave this one then and wait for their next communication. I've developed the habit now of answering my phone and saying nothing when they call - it irritates me less than finding 14 missed calls on my phone. I might let my 2 year old answer though...........he would probably be on the same level as them!!

 

Birchave0 - I just read your thread....can I ask when they managed to provide the signed application form - because as yet they've not even provided me with one of those!?

 

I sent my SAR in Jan 07 it took them until June 07 for them to come up with the one page application form.

Considering I've not paid anything in two and a half years, you would think that I would have been up in court by now..........

 

When did you apply for your Marbles card???

[BeingHarrassed]

I think I applied for the credit card in 2005....and it was done over the internet. The fact that they've provided me with NOTHING with my signature on so far is probably a good thing right? But then maybe they will come up with one in the future? Do you think I should send a SAR now or wait until I receive further correspondence from them.

 

Thanks so much for your help in this!!

[cerberusalert]

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement. Electronic signatures weren't considered valid until this date.

 

After Dec 2004 the 'tick box' is seen as a signature.

[BeingHarrassed]

So what would that mean for me? If I ticked a box that was my signature - then what does Marbles have to provide me with in response to my CCA? If there is nothing with my signature on it - do they have to send me a copy of the internet page with a ticked box on it?

 

I'm getting really confused now!?

[birchave0]

bascially, marbles would have to provide you with what they will be relying on in court. If they have provided you with nothing that even resembles a CCA I wouldn't be too worried.

 

If they threaten legal action inform them you would like to be supplied with the documents they will be producing in their POC. They cannot keep information from you. If you have already sent a SAR, and they have not supplied you with all of the information on the account, including a copy of the agreement, they are in default.

 

My application was from 2003, and was done online. All they have is the front page of the application form that they posted out for me to sign. They do not have the terms and conditions from when the application was made. There are no perscribed terms on the application form, so how can this be their agreement???

 

It would be chucked out of court.

If they were so confident that they were right why have I not have a CC summons???

[PriorityOne]

Hi there

Be careful - because after the phone calls -- usually from some stupid Indian Overseas call centre you'll get RESTONS EXTORTIONERS involved.

They'll get a CCJ PDQ via the Northampton Bulk Court (Oh dear Citizens of that County -- how on earth did you allow such a basically EVIL business to operate right in the Centre of England) .

 

They will apply MASSIVE Fees -- for example 1600 GBP on 5,000 GBP debt.

 

They will be TOTALLY unreasonable in ANY communication and are probably the worst **** I've ever had to deal with.

 

After CCJ they will be back in Court again so fast that their feet will hardly touch the ground for Interim and Final Charging orders too.

 

Disgusting ****.

 

I'd have a real look to see what you can do -- there are a lot of compalints against RESTONS in particular - but what is really horrendous is that whilst THEY apparently can get away with totally extortionate charges - we have to go through all sorts of rings and hoops - often having to pay out money we can ill afford (otherwise we wouldn't be in the mess in the first place).

 

If you DON'T own property an IVA S or even Bankruptcy might be the only way to get these inevitable vermin off your back (as they will soon be involved) - but get legal advice on this --Bankruptcy isn't the stigma it was -- and I wouldn't worry about Tittle-Tattle credit reference agencies --after dealing with this lot I'm sure you won't even want to THINK about using a Credit card ever again.

 

RESTONS are notorious in using the Charging Order route and there are cases of going for a forced sale of property for debts as small as 1,000 GBP.

 

It's HORRENDOUS that this possibility isn't shown on the original Credit Card agreement.

 

RESTONS have so many complaints against them that they are probably used to the CCA request but I'd imagine the paper work from HFC bank won't be as good so you probably will get somewhere down the S.A.R route.

 

Once RESTONS get involved its pure Purgatory -- I've often thought I'll just BURN the wrteched House down rather than give in to those ****.

 

Goodluck and hoping you can fix it before "The Extortioners" get involved.

Seem like you've got a lucky break with a "Flakey" or Non-existant CCA.

 

-- "Keep on Truck'in" and above all keep RESTONS out of the loop for as long as you can -- they are HFC Bank's chief extortioners.

 

Cheers

jimbo

 

Sorry, but this is complete bowlarks.

 

It's not automatic for Restons to get involved at all. This post is simply stirring up anxieties that are unwarranted. If you've had a bad experience with Restons yourself, then please share it.... otherwise where on earth did you get this fluff from ?

 

Restons have never been involved in my dealings with HFC and that was over 2 years ago now. No alleged Agreement has ever been produced and the letter received is fairly typical of the garbage HFC churn out... but clearly states that they don't have a signed Agreement.

 

So... whether Restions get involved or not is up to HFC and how stupid they intend to be over this. No CCA = a waste of time and effort for them providing it's defended. This means there will be no CCJ and certainly no Charging Order.... Restons will also face being reported to the Solicitors' Regulatory Authority for continuing to proceed with legal action in defiance of the law.

 

Please get your facts right.

[BeingHarrassed]

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!?

[PriorityOne]

It almost makes you believe in Santa, doesn't it? lol

 

[BSC]

Might be worth a discussion over a full and final? Start at 11p and work your way up