Help wanted Marbles.com

[gazab41]

ok today have recived a completly rubbish reply will post up a bit latter

[gazab41]

ok here is the letter recived on thursday please note Marbles had promised me statments in earlier letter last month.

 

 

here is the orig letter I sent.

 

 

Yesterday I recived the following.

 

 

and this.

 

 

and this.

 

 

Ok little bit more info the letter they sent me dated 16th Feb 2010 states they are sending me copy statments from Jan 05 onwards. So they are going back on the word so anyother help would be appriciated thanks

[citizenB]

Not sure what help you want, gaza ?

 

Have you done a subject access request (which does cost you £10.00). They are under no obligation to provide statements free of charge.

 

With the CCA request (£1.00) they are obliged to send a statement of account only.

[gazab41]

Ok just recived latest letter still no copies of disputed statments promised earlier now they cannot find cca but are still demanding cash any help please.

 

[babydoll0141917]

Hi

 

I had the exact same agreement has this with a new account number also ..Hav capquest after me at mo ..was with robinsons..i sent Crapquest a CCA letter and they hav put me on hold for 28 days ..28 days its up ...i never signed the new agreement ..Looks to me like they dont hav them

[citizenB]

Gaza, they say they are confident they can provide a witness statement to say that it was their process to always have a signed agreement in place.

 

Brilliant.. no problem with that. However, how confident are they that the document had the prescribed terms as required by the Consumer Credit Act..

 

If they were that confident then the document would not be lost. That is what you need to be focussing on.. an agreement signed in the prescribed manner by both of you and signatures apended to a document containing the prescribed terms.

 

They can provide whatever they like or say whatever they like for an s78 request.. but for any court action they require the document as above. If they dont have it, then any reproduction will be hearsay and I am sure there are plenty of Marbles agreements floating around the forum from the period you took yours out that would prove that the document wasnt compliant.

[gazab41]

hi all at this stage they have not complied with even S78 as the documents posted in posts 40 and 41 have my current address not where I was living at the time card taken out. It also has HBOS name and address and the card was orig run by hfc and no hfc address. so I need to send dispute letter I belive

[gazab41]

OK heres latest post they still have not sent statments they promised back in feb and still no cca statments were to be sent so I could find out why figure owed had doubled when on payment plan at 0% intrest. I have paid back arround £750 to them since 05

 

I need a serious dispute letter to counter the latest post ive had arrive. Please note have not recived default notice and looking at latest statment intrest and charges now being added any help in the way of a letter serious dispute to send appriciated.

 

[citizenB]

gaza,

 

They say in their letter dated 12 April that you were sent a Default Notice. I do not see a copy of that on your thread.

 

There is a letter dated 3rd March 2010 (post #21) headed "Intended Action", where they advise they will be sending you one. But that itself is NOT a default notice.

 

So if you have received a specific letter headed Default Notice, can you please let us see a copy of it.

 

Reading back over your thread, I see that one of your issues is that you believe you were told you had a Zero % interest until the end of the contract whilst you were on a reduced payment plan.

 

Looking at the letter from HFC in post # 11, yes they do say that. However, if you broke the terms of the "new" contract then they would probably be permitted to return to their normal contract terms.

 

I would say one thing however, if it is their intention to rely on the letter dated 3rd of March as a genuine Default Notice. They are stuffed

[pedross]

Gaza, bit late replying to the pm but here goes.

 

CB is correct, if you have a default notice under Section 87 you should post it up for comments.

 

Your next step in my opinion is to send them another letter.

 

Refer to their letter of 30 March 2010 and say that you note that they there is no agreement available between you and HFC and say that you are aware that any enforcement action through the courts would require strict proof that an agreement existed.

 

Thank them for notifying you that any potential agreement between you and HFC would be unenfoceable and in view of that admission you trust that they will not harrass you any further and close your file.

 

Also say that you trust that they will not pass your file to debt collection agencies as strict OFT guidelines point out that before pursuing a debt they should ensure that an enforceable agreement exists.

 

In my opinion, Job done.

 

Pedross

[gazab41]

cheears all will get a letter of on tuesday just to confirm have not recived a default notice on this account

[gazab41]

ok now have the latest letter asking for payment of arrears still no default notice or statments as orig promised.

 

and still no agreement please a letter to send would be very useful thanks

 

 

Edited May 15, 2010 by gazab41
missing [

[gazab41]

just looked back at earlier posts and note letter from marbles post 39 requests £401.45 not the amount they are now requesting

[pedross]

Hi Gaza

 

This is just my opinion you must make your own mind up.

 

It makes no difference how many letters you send to Marbles now. They will just pass the account to debt collection companies who will hound you. I doubt if they will take any other action because it would be small claims court so no big fees for anyone and a good chance they would lose without the agreement copy.

 

When you get a letter from a debt collector write to them and say that you have written confirmation that Marbles do not have a copy of an executed agreement and therefore they are breaking the Office of Fair Trading guidlines by writing to you without first confirming that an agreement does in fact exist. If they continue to contact you, you will have no option but to complain to the OFT.

 

Thats what I would do, there are not many other good options.

 

Pedross

[gazab41]

Ok recived the following Letter Demanding payment and threeting Termination still not recived default notice or CCA agreement what now

 

[phatram]

See post 54

[gazab41]

:!:ok today I have now recived termination letter from marbles, again refers to a default notice (never had) also earlier letter states cant find cca agrement is this a UR job they also ask for card retun not had a card in years. heres the letter what advice anyone.

[dx100uk]

nothing to worry about there

std crap.

 

they have no CCA sothey are stuffed.

 

if you want closure

 

wait for it to be sold to a dca then offer 10% as F&F

under the strict condition that they remove ALL refereance to the A/C totally from CRA files

if not - off er £1 PCM till you die.

 

2nd thoughs

send that letter to marbles now.

 

as you have no legally binding agreement with me i hereby offer this olution to our mutual business:

 

i hereby offer [10%] in F&F settlement of the alledged debt, under the sole condition that ALL reference is removed from my CRA file totally and that it should thus never show again.

 

the alternative to this offer is £1 PCM till i die.

 

thank you

 

mr caguser

[gazab41]

would i be better going for ur now as they obviously have no cca and have terminated without sending default. I was disputing the amount owed not trying to avoid all payments

[dx100uk]

ur?

 

dx

[Undercover-Elsa]

Hi Gaza,

Just had a look through, again you're in the best hands already

 

On the subject of unlawful recission (UR) this is more accurately called repudiatory breach. It's the termination that's unlawful, giving rise to repudiatory breach, and upon the debtor accepting the breach the agreement is rescinded.

Unfortunately proving a negative ie no Default Notice received is much harder than demonstrating that a received DN is faulty.

The bank churn them out by computer and do not keep exact copies. They will swear they sent one and a court will most likely believe them.

The only way around this, to my knowledge is to do a subject access request and if no entry is made on the comms log that a dn was issued, you have them. Even better, as CitizenB says, if the comms log shows DN issued on the date they sent that pathetic notice of intention they're stuffed.

I'd continue following the top advice you've had so far re the lack of agreement, as I feel that's your best way forward.

Just my opinion, others may differ

regards,

Elsa x

Edited July 8, 2010 by Undercover-Elsa

[gazab41]

Ok Today recived Letter from 1st Credit and the funny thing is they state client as HFC considering this is a Marbles Account now run by bank of scotland they are barking up the wrong tree and no CCA has been forthcoming or anything usefull here is the letter

 

Edited July 26, 2010 by gazab41
image too small

[pedross]

Whats the latest update gaza?

 

Pedross

[gazab41]

ok this is the leter arrived yesterday from capquest and orig told by 1st credit it would go back to marbles.

what should i do next as no cca etc and belive i have paid most of orig amount off anyway confirmation from marbles no cca

 

 

thanks all

marbles.pdf

Edited November 30, 2010 by dx100uk
image far too big conv to pdf.

[dx100uk]

your on a poxy phishing list

 

ignore them they have no valid CCA and the debt is charges that can be reclaimed.

 

in fact

 

re-reading the thread

 

back in the good old days of 2005? you had XXX charges that HFC admitted to.

reclaim those and all the other unlawful chargessince & it will be MORE than what you currently supposedly owe

 

it would ceratainly kill the extra interrest added when marbles or whoever took it over.

 

cant see how you owe them any money at all

 

or you must i'd SAR HFC.

 

but its not worth the £10

 

this case would never go to court anyhow..

 

dx