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    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
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sarahslc

Marlin Financial Services collecting debt on behalf of yes car credit

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Hi

 

Not sure if I put this in the right place. But to cut a long story short the oh got a car from yes car credit in june 2003 he failed to make the first payment and car was repossessed. Marlin took over the collection of the outstanding debt and upto todays date oh has paid £5414 off the £9300 owed to them through a debt management plan.

However we don't think that the money they sold the car for at auction has been taken off the debt and having read alot of things on here the general opinion seems to be that Yes car credit loans bought by Marlin are not enforcable. How to I go about dealing with Marlin with regards to this? Any advice would be appreciated as we would like to get rid of the last £3886 if we can. Thanks:)

Edited by sarahslc

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As anyone will tell you on here...Marlin are the worst of the worst in DCA land, so id recommend not speaking to them & if they phone you, refuse to answer security questions.

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how do they sustify effectivly £9300 for one months car rental?

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Exactly, hence why I think its time to get the rest written off - just need advice about how to do so:confused:

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Hi

 

Not sure if I put this in the right place. But to cut a long story short the oh got a car from yes car credit in june 2003 he failed to make the first payment and car was repossessed. when that month? Marlin took over the collection of the outstanding debt and upto todays date oh has paid £5414 why are you paying all this money if they took the car back within 1 month of the agreement off the £9300 owed to them through a debt management plan.

However we don't think that the money they sold the car for at auction has been taken off the debt How much did they say they sold it for at auction and having read alot of things on here the general opinion seems to be that Yes car credit loans bought by Marlin are not enforcable. How to I go about dealing with Marlin with regards to this? Any advice would be appreciated as we would like to get rid of the last £3886 if we can. Thanks:)

 

Seems to me that someone is having you on here if you have paid £5400 for a non existant car - I hate to say it but I have a feeling you have been well and truly taken for a ride


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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We have only paid so far as we have been told (by a few sources of advice) that the credit agreement still stands as the car was repossessed and that we have to pay the balance less the auction proceeds. I appreciate we may have "been had" that is why I am now looking for advice on how to deal with this so we don't have to pay them a penny more if we have to.

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Hmm, :cool:,

Who has told you you have to pay this money?

Have you kept a record of all the money paid and to who it has gone to?

 

Give the national debtline a ring

Edited by Bazooka Boo
My Opinion WAS WRONG!!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Mr Ton

 

You Or Me On This One

 

As Usual Ppi And Deposit Added To It No Doubt

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Most prob it was Mark :rolleyes:

 

Been ringing him ever since his rise to fame, and still can't get to speak to him?:confused:?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I got a car back in July 2003 from YCC and VT the car 2 years l8r in August 2005. They told me I did not owe them a penny, 8 months l8r sent me a bill for £3000, saying there was 2 months payments left owing on vehicle and still got to pay PPI, never told me how much they sold car for and I started to pay them, got down to £2400 and then i moved house and they never bothered finding me, but now left with default on credit file which comes off next year, but i think you may be able to claim ALL PPI back as a lot of PPI was mis-sold by this company, i want to claim it back myself but might get lumbered with rest of VT payment?:(

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When Next Year Does The Default Drop Off

 

Yes Car Agreements Are Crap So Its Up To You How You Want To Go

 

Start Your Own Thread And Ill Drop In

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I dont think they are allowing anyone to speak to Mark from now onwards :D

Have you actually asked for him? if so what have they said to you?

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I dont think they are allowing anyone to speak to Mark from now onwards :D

Have you actually asked for him? if so what have they said to you?

 

I'll have to check the recording, one woman told me he didn't work for them and I would have to ring the solicitors where he did work?

 

The other times I have just been told I can't talk to him, mind you thinking about it each time I have rung it's always been a female who's answered??

 

They changed their number too? I think 0333 is a freephone number?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The solictors where he (Mark) works!

Mortimer Clarke, I presume?

 

This bunch of hoodlums need to be brought to account...

 

Not surprised that they are collecting for Yes Car Credit;

Quite appropriate.

 

Both companies are an utter disgrace.

 

Come On OFT, about time something was done, talk about Misleading, Unfair Buisiness Practices!

 

Rant Over.

 

AC

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Id love to hear from someone on here who's actually managed to speak to Mark since the programme was broadcast :)

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Id love to hear from someone on here who's actually managed to speak to Mark since the programme was broadcast :)

 

I'm trying, and when I do I'll post the recording so you can Listen!:D

 

God knows what I'll ask him???


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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A SAR to the original creditor should tell you how much the car sold for and where that money went.


Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Ok guys thank for help so far - have read the Go case hopefully I can resolve mine like that one. What do I do now? - I have the credit agreement and it looks like Yes took other halfs old car as a deposit and insisted upon the PPI.

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morning

 

post up the agreement minus personel details

leave in the figures

 

google photobucket to do this

 

use the upload link for message boards with out thumbnails option to post

 

just being a yes car agreement

 

its in the bag:D

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Ok I'm going to give this a whirl - not sure when I can do this as haven't got access to scanner but will post as soon as I can. Thanks:)

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Sorry for taking ages to get back on here - I can't scan the document as scanner has broken. Can I email or fax it to someone?

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