Help wanted Marbles.com

[gazab41]

Hi all

 

i am after some help and advice

 

have been on payment plan for a number of years with marbles (intrest froze/overlimit fee not charged )

 

had letter back in March 05 agree to 0% on what i owed aledgedly £439 arrears

was under impresion this would be on top of overal balance as i belive card was maxed out due to late payment charges overlimit fees etc.

 

This would make £1239 aprox and looking at an old statment from June 05 the amount outstading is £1201.82 no intrest being charged

 

however i moved home in Aug 2005 told Mables new address and paid via standing order as usual no statments arrived for approx 12 months

dispite repeated phone calls to no avail then all of a suden amount owed went up this was noticed 2007

 

first someone did remove some of fees however not all of them

now i look at a 2008 statment figure owed incresed to £1366.08

most recent statment to hand shows i still owe £1296.08 this is feb 2009

 

i have paid them over £600 since 2005 and it has not gone down belive

 

should owe no more than £639 and this is being genoros as some of the orig amount includes overlimit fees and late fees

 

have spoke to marbles alegedly investigating

but i doubt will get very far as they even lost last month payment

paid over phone

 

they want me to redo finance statment

 

this arrived last week

 

please help

 

i actualy belive they might even owe me monies

as was told a number of accounts were incresed

but no one from new comany knows why

 

they also only have statments since take over

 

please help

 

should i put this down in writing

 

and dispute any help gratefully received:eek:

Edited November 30, 2010 by dx100uk
clarity

[pedross]

First thing is do not sign a new agreement because the existing one is probably not enforceable.

 

Next you need to send off for a copy of your agreement and you will find info on this site.

 

Someone will be along with advice soon but saturday night may not be a good time. If you get no replies tomorrow submit another post asking for help and it will move your thread up again.

 

Pedross

[gazab41]

Hi all further to orig post

 

i have had a statment arrive today with intrest charges and not showing payment made last month..

 

Let me explain the whole story

 

I had Marbles Account with credit limit of £800 and when I was getting less work than normal 1-2days per two weeks as oposed to 5 days per week

i went to see CCCS this was december 04 and they drew up list of all creditors owed this included a figure of £1147 to Marbles(hfc)

this includes unfair overlimit fees,Late fees, interest etc.

 

i started making sure they were always getting paid every month

 

in the march of the following year 05 had letter stating as i was paying 1/2 contractal payment

they would be happy to except this no charges intrest frozen and at 0% until paid off.

 

however moved in summer 2005 had royal mail redirection until gave Marbles new address

had long period when only odd statments arrived

continued paying via standing order again

 

contacted them to explain situation about statments not arriving then when i had another statment notice figure had increased dramaticly

and had not continued to go down

 

continued ringing them explaining what was happening told would be investigated at one point in 2008

one months statment had charges removed and credited however belive only one months worth

 

kept being told it would be investigated.

 

Moved again 2008 and

 

in may 09 at new address after Marbles was sold to SAV(HBos) to stop paying by standing order

this was done and junes payment was few days late due to being away

 

had phone call early july as no payment showing

this was made via debit card

showed up on account bank

few days latter this payment was apparently lost via marbles

 

obviosly given new Account number as take over from hfc(marbles)

 

so now have new card number

had a statment today wanting more of me

no payment from july showing

obviosly still lost amont

owing has gone up again as last payment not showing and intrest now being charged

 

had income and expenditure sheet sent to me last week

so they could put on plan again

but i have paid between £600 and £750 pounds since dec 04

 

so there is no way this figure can be correct

 

aledgely they are investigating account

 

please help ASAP

Edited November 30, 2010 by dx100uk
clarity now better than i large block of text!

[gazab41]

Hi all I have a number of docs being posted up in next 1/2 hour or so any help gratfully recived

[gazab41]

hi so here goes in March 2005 had an agreement fixed to pay 12.50 by standing order everymonth to clear balance this fixed for life of balance at 0% balance included over 400 0f overlimit and intrest charges along with late fees.

 

figure was going down until period of no statments attempted to finally resort out last year after going down this road manny times prievious with hfc to no avail. any way contacted FOS who contacted marbles orig letter to me had complaint details incorrect put account into dispute wich they agreed to whilst investigating.

 

you will see list of issues on letter dated 2nd oct 09

started making £12.50 paYMENTS AGAIN FROM 28TH oCTOBER 09 STOPED AS OF DECEMBER 28TH AS NO MORE LETTERS REFERING TO COMPLAINT RECIVED AND IT HAD STALLED.

http://i801.photobucket.com/albums/yy298/gazab_2009/lettercomplaint1.jpg

 

http://i801.photobucket.com/albums/yy298/gazab_2009/lettercomplaint2.jpg

 

THIS SHOWS RESPONSE TO COMPLAINT AFTER LOTS OF PHONE CALLS ETC WAS SURE IT WAS STILL BEING INVESTIGATED.

 

http://i801.photobucket.com/albums/yy298/gazab_2009/misspayment.jpg

 

THIS PAYMENT SHOWS ON BANK CARD AS aQUA WHICH IS PAYMENT NAME WHICH HAS ALWAYS SHOWN WHEN PAYING THESE BY DEBIT CARD

THIS IS WHAT WAS SENT AFTER PAYMENTS STOPED AGAIN AS NO ACTION ON COMPLAINT FIGURE NOT REDUCED ETC i NEED A LETTER TO SEND BACK TO THESE AS DISPUTE THANKS

Edited February 26, 2010 by gazab41
lost link

[citizenB]

Phew.. well one lesson you should have learned from this is NEVER to discuss your account on the telephone. Always, always in writing.

 

Questions :

 

Are you paying this via your bank and can you account for all payments you have made from your bank statements. If not, do you have receipts for each payment made.

 

Do you still have your complaint in with the FOS or have they given their decision ?

 

Marbles should at the very least be able to provide statements from the time when they took over the account.

 

It would seem to me that from 2005 until 2008 when you were not receiving statements, the balance increased even though you were keeping to the arrangment made with HFC. It is my understanding that the arrangement should have been honoured by Marbles, yet they say that new terms and conditions were applied.. Can they do this ? I am not sure, I would say not.

 

The missing payment.. was it ever found ?

 

If this were me, I would be writing back saying something along the lines of:

 

Dear Sir/ Madam

 

Account Reference

 

I am responding to your letter dated XX October 2009.

 

I am concerned that since Marbles took ownership of this account an arrangement made between myself and the original creditor has not been honoured.

 

I am also very concerned that since Marbles has taken ownership, the balance has increased substantially due to fees and interest, which I was under the impression had been frozen untill the balance had been repaid.

 

You say that the terms and condtions of the account were changed when you took ownership of the account. Yet these were never provided to me. Was this change allowed for in the original agreement ?

 

You say you are unable to provide statements for the previous 6 years in order for me to see how this increased balance has come about.

 

It is my understanding that you are obliged to keep this information and would almost certainly be required to prove the balance claimed should this go to litigation.

 

I have requested that you refund all penalty charges that have been applied to this account since 2005. Your letter conveniently avoided commenting on this part of my complaint other than to say you are unable to locate statements that would enable to put in a claim.

 

I am of the opinion that there is little point in my continuing to make reduced payments in order to see the balance increase.

 

I look foward to receiving a more favourable response from you within the next 14 days. Should this not be forthcoming, I will be making an official complaint to the Financial Ombudsman.

 

Yours etc

 

 

 

 

 

 

You may wish to wait for other comments.

[gazab41]

I was paying directly via standing order except missing payment they phoned me paid over phone.

 

this showed on bank statment

 

the other thing the 12.50 fixed letter also states £439.00 arrears and £105 late fess if remember corectly have missplaced that orig letter its around somewhere.

 

the thing i was wondering is had marbles got this figure wrong in first place as my limit was £800 so as june o5 is a lot more not sure if this figure is 800 credit limit and 439 worth of charges am sending above letter to them this week

 

ok here is a further update help and advice please sent letter to marbles in response to letter of 29th oct and missing payment letter about why the amount I owed them had increased dramaticly.

 

I reckon I owe them about £200 max if all info i have is correct 0% payment plan agreed march 2005 I paid £12.50 from apr 2005-may 2009 by standing order only stoped this as asked to change account being paid into after HBOS took over Marbles Oct 2009 as account in dispute resumed end of november

 

I stoped again as no progress with missing payment or what had happened durring time of no statments.

 

the reply letters are all on the next few posts:!:

 

 

 

this arrived on thursday lastweek.

 

 

 

 

reply arrived last friday.

 

 

 

I then found the orig letter I recived in march 2005 this is the one which states 0% intrest and amount I was paying was £12.50 which I penciled in on letter have paid a total of £650 back to them .

 

 

I then got latest statment asking for £37.50 this being december/jan/febs payment show on statment as you can see normal amount on statment as shown in december statment also included.

 

 

 

I then get the following. which also arrived last week.

 

 

and then this week I get this letter also have discoved card was taken out according to CRA file on 26/11/99 started with £250 limit settled 13/5/01 limit incresed to £800 settled 13/05/01 and then showing at £806 as a balance as of 16.05.03 still £800 limit just need to now what to do next

 

 

and lastly got this yesterday. any help please....

 

 

[citizenB]

Erm, this seems to be a bit of a mess, gaza.

 

If I understand correctly, this account was originally with HFC/Beneficial. was it a loan or credit card ?

 

At some point you entered into an arrangement whereby you paid half the contractural payment and they froze interest and charges. You maintained payments by standing order ?

 

It was then taken over by Marbles.

 

When they took it over, they started to reapply the interest and charges and it now looks as though the account has doubled if not more from the amount they took over ?

 

Do you know how this was transferred to Marbles and on what date.

 

Was it by Notice of Assignment, or a just a takeover.

 

Were you informed that this was happening and do you have the balance that was transferred to Marbles.

 

If you can provide the information above, perhaps we can make a little more sense of what is happening.

[phatram]

bump

[gazab41]

hi recived the following this morning any help please

[citizenB]

gaza, can you make it a bit larger please:)

[gazab41]

ok have put enlargement here

 

[citizenB]

From what I can see this is a bit of a muddle.

 

You had an agreement with the original lender for a reduced payment plan with Zero percent interest.

 

You stuck to your side of the bargain, but this account "migrated" to another company and they have not honoured the payment plan.

 

Is that correct ?

 

They have failed to provide you with the statements in order for you to see where payments you have made and they say they havent received, have gone. But they have failed to do this.

 

Therefore, the balance is being questioned by you.

 

Yes ?

 

The letter above is an advanced warning of what their intentions are. Almost certainly to issue a default notice and record non payment with the Credit reference agencies, the latter which they are almost certainly doing anyway

 

All the other threats they are making ie the charging order on your home and attachment of earnings they cannot do unless they take you to court and WIN.

 

Have you received a copy of the agreement, did you actually ask for a copy ?

 

If they havent provided a copy of this and the terms and condiitions from account opening and the terms and conditions that have subsequently been issued then all they can do at the moment, is persist with telephone calls, and threats of what COULD happen.

 

Are you still paying the reduced sum ?

[gazab41]

Hi as you say its a bit of a muddle first off the agrement with orig lender at 0% was continued with until request to pay to different account number paid this by standing order from 05 - 09 every month belive I payed about £650 in total and a further £12.50 which the new company managed to loose.

I paid 0.00 between August and end of November 2009 whilst complaints being looked at which date back to period when debt was still owed by hfc and I was not reciving statmeents dispite repeated requests the new company attempted to get statments to no avail.

 

I stopped making payments at the end of december again as they had not done anymore in relationship with old statments so I could see what had gone wrong

[gazab41]

ok the orig credit limit was £800 Letter March 05 states £439 this includes late fee and overlimit in arrears this is when the agrement at 0% set up.

 

June 05 statment showed £1201.82 and this was reducing by the £12.50 per month hit and miss odd statments then none dispite (frequent requests) showing figure reduceing then none till 2007.

when I first noticed increase some of this refunded was refunded back in 2007 but only a couple months that the customer advisor had access to.

 

started getting statments again this showed that the amount owed was more than I owed back in 05 and have continued to question this have had new CCa sent not signed this address etc complained manny times thought if i stop paying som,ething may get done have been promised copy statments not forthcoming thanks

[citizenB]

Ok, I will send out an SOS for you.. see if I cant find someone who can help you draft a letter that will sort this out for you.

 

It may not be today.. ok ?

[gazab41]

thanks

[pedross]

Try this gaza, as requested by CB, if any points are incorrect let me know and I will change it to suit.

10 March 2010

Dear Sirs

Account No. xxxxxxxxxx ACOUNT IN DISPUTE

I am in receipt of your letter of 3 March 2010, which I find to be very intimidating and in which you threaten potential court proceedings, charging orders and various other actions.

However, you are aware of the fact that I have serious concerns about this account and although it has been in dispute for some time, you tend to brush over my concerns and continue to pursue the debt in this very intimidating manner.

I would therefore refer you to your own letter of 16 February 2010 in which you point out that the account was migrated over from Beneficial on 25 February 2009 and new terms and conditions were sent out. You are aware that I did not receive the terms and conditions and I would request that you therefore forward them to me again. You are obviously aware that you should also send a copy of the original terms and conditions at the same time.

Next I would refer you to your letter of 2 October 2009 in which you state that you cannot locate my last 6 years statements and you again dismiss it as if it was of no consequence. How can you possibly send such threatening letters when you do not have absolute proof that the amount is in fact correct?

Therefore, in view of the nature of your correspondence, I request that you provide me with the last 6 years statements, the terms and conditions as mentioned above and a copy of the original agreement. I understand that I am entitled to request a copy of the agreement under Section 78 of the Consumer Credit Act 1974 and I enclose a £1.00 in payment of the statutory fee. I would remind you that you are obliged to provide these documents whether you are the original creditor or not.

It would appear to me that you are unsure how much I may or may not owe and you are unsure which payments have been allocated correctly or at all. I would therefore remind you of the recent draft OFT guidelines which clearly state that the OFT would firstly expect the creditor or owner to take steps to check that there was in fact an agreement with the debtor or hirer, and in particular whether there are in fact monies outstanding under it, and if so for how much. This should be capable of being demonstrated to the debtor or hirer.

Secondly, no communications or requests for payment should in any way threaten court action or other enforcement of the debt where the creditor or owner is aware that it cannot or will not be entitled so to enforce the agreement.

I look forward to your reply, which will enable me to deal with thus matter in an informed manner, as the replies received previously have been extremely unsatisfactory. I trust if the debt is unenforceable you will confirm so.

Yours faithfully

gaza

gaza

[citizenB]

Pedross, many thanks for answering my distress call

 

gaza, send the letter Pedross has drafted for you.. and please keep us updated.

 

Pedross, I am having problems "repping" people.. so please accept my I.O.U.

[citizenB]

gaza, did you ever send off for a copy of the agreement as advised by Pedross in post 2 of this thread ?

 

If so, have you had a response ?

[pedross]

Pedross, many thanks for answering my distress call

 

gaza, send the letter Pedross has drafted for you.. and please keep us updated.

 

Pedross, I am having problems "repping" people.. so please accept my I.O.U.

 

Watch what you are doing with IOU's CB, look what happened to Danniella:eek:

 

I will note it in my book:)

 

Pedross

[citizenB]

Watch what you are doing with IOU's CB, look what happened to Danniella:eek:

 

I will note it in my book:)

 

Pedross

 

Oooh, tell me more ?

[gazab41]

Ok all will be sending off letter from post 27 including the £1.00 for cca however recived new statment today showing a closing balance of £1246.38 this incudes 2 x £12.00 charges overlimit and late fee and intrest of £13.80 now asking for £401.45 by end of march what the heck are they playing at statment says min payment 2.5%

[pedross]

They are requesting £401.45 because it is over the limit and the 2.5% does not apply until it is under the limit.

 

You can argue with them all day long about the statements and the amounts that they want you to pay but all they will do is keep adding charges. £12 + £12 + interest is about £38 each month and if you keep paying £12.50 a month it will only get worse.

 

Thats why I think you should get tough with them and send the letter I spent ages doing for you because I doubt if they have an agreement if they don't have the statements. If they don't have one they might well write off the debt.

 

I know it must be frustrating for you and a worry but you must remember that I am just a member of CAG like you, giving up my time and experience for free and it would be nice if I thought you appreciated it.

 

Some people click on my scales to thank me, others just say thanks Pedross and some do both, thats why my green squares on the left are getting longer. (Some give me IOU's of course:D)

 

It might seem petty, but its nice to feel appreciated.

 

Pedross

[gazab41]

hi Pedross letter being posted shortly thanks