EGG>>A Quandry - now Marlin

[ajs444]

Yeah agree SFU, will just sit back and wait, with some dry powder to hit them with in my locker if needed.

[chairy]

I too received a letter from Marlin Financial Services yesterday about an Egg Account I swear I came to a satisfactory conclusion a few years ago. It seems like Marlin are going to be very busy boys over this!! I will send them a SAR letter, and then put my account formally in Dispute with them, just as I have done with Robinson Way and Barclaycard.

 

What Fun!!

[jon888999]

Got my letter too, this is what i've been waiting for> Now I can get my PPI claim and charges claim for a Barclaycard and Egg card! Barclays now have to pay me direct! Who pays the Egg refund?

[ken100464]

Jon

 

Write to Canada Square Operations in Worthing. Full address on Eggs website or just google it.

 

Can only advise to hurry if you dont have the paperwork to back up your claim as they are busy with the shredders there. If you have no proof they may not either now so a claim would be holed before you start.

 

Good luck.

[jon888999]

Jon

 

Write to Canada Square Operations in Worthing. Full address on Eggs website or just google it.

 

Can only advise to hurry if you dont have the paperwork to back up your claim as they are busy with the shredders there. If you have no proof they may not either now so a claim would be holed before you start.

 

Good luck.

 

Thanks, i've had full disclosure from egg so i've got every scrap of paper they had. Complained to the data commissioner as they failed to comply with my sars request, so they paniced and sent everything.

[ken100464]

Thats excellent news.

 

Canada Square is your target on the Egg one. Good luck

[beachcomber60]

Can I join the thread, my partner has received the same letter from Marlin.

 

Me thinks their franking machine will be working overtime over the next few months

[jon888999]

Got my letter too, this is what i've been waiting for> Now I can get my PPI claim and charges claim for a Barclaycard and Egg card! Barclays now have to pay me direct! Who pays the Egg refund?

 

Looks like they owe me about 8k! The question is will claiming be deemed as acknowledging the debt? If I don't claim yet how long can I leave it.? Knowing Marlin it will be worth keeping something in reserve.

The alleged balance is about 15k.

[jon888999]

http://www.consumeractiongroup.co.uk/forum/showthread.php?383142-Marlin-Barclaycard-Egg(13-Viewing)-nbsp

[Hopster]

I am informed that the best thing to do is nothing (in reply to Marlin) and if I hear from them again to tell them to contact my solicitor, pointing out that the matter is in dispute.

[phatram]

I am informed that the best thing to do is nothing (in reply to Marlin) and if I hear from them again to tell them to contact my solicitor, pointing out that the matter is in dispute.

 

Would sending this or similar help folks?

 

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Thank you for your letter of **/**/**** the contents of which are noted.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on alleged debt which was disputed with EGG/BARCLAYCARD prior to your first contact with me, and have yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the CPUTR 2008, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[Hopster]

I think that the letter may be OTT - I have receivd a second letter from Marlin re. Barclaycard/Egg before and replied saying that the account is in dispute and that they should in future contact solicitors direct.

[HP Mum]

Phatram - I think that letter is perfect. It sets the formal tone for which we all should be dealing with Marlin.

[Hopster]

Phatram - I think that letter is perfect. It sets the formal tone for which we all should be dealing with Marlin.

 

I agree - it is a verygood letter - but I have told Marlin to communicate with my solicitors who were battling away with Barclaycard adn Egg before.

 

The important thing is that we all keep each other posted.

[ajs444]

Still waiting on a response from Marlin/Barclaycard, but in the meantime setting out spreadsheet for charges.

 

To whom do I send the claim?

 

Debt assigned to Marlin.

 

Egg now owned by Barclaycard.

 

Do Egg still exist?

[HP Mum]

ajs - if you dispute the egg debt, why are you acknowledging the charges ? Wouldn't it be best to just fight to remove the whole debt ? Someone on another egg/bc thread put this situation very succintly.

[ajs444]

I know that when the account was terminated that I was due them approx. £1800 and just prior to that date I asked for a refund of charges of approx £800, this did not include interest in restitution, EGG refused to pay.

 

Like you I have other dealings with Barclays e.g. Credit Card, and I can bet my bottom dollar they will stack the debt onto that card.

 

Also I have an entry against my Credit Reference File for this debt, if it is made up purely of default charges that can be removed.

 

I could also wait till later till debt is statute barred, but would Barclays still offset the debt?

 

What do you think? I would not bet against it.

[phatram]

ajs - if you dispute the egg debt, why are you acknowledging the charges ? Wouldn't it be best to just fight to remove the whole debt ? Someone on another egg/bc thread put this situation very succintly.

 

Link please.

[ken100464]

Even if no link comes forward think what HP Mum is saying is very valid.

 

How can you dispute the part you owe then start bleating to a court that they owe you charges on an account that you say you dont owe anything on.

 

To me to get the charges you must have had the debt so to claim the charges you are admitting the debt.

 

Charges have for the most part (not impossible) become a whole heap harder to get back post summer 2012 (the six year passage since the OFT ruling).

 

So what you achieving here. Going for something that you have to argue in court (FOS just batted my claim into touch last week so know its court or nothing) but its not just they were unfair you have to argue limititations law before you even get to it being unfair. And by doing that you are admitting to the account as to get the charges you must have had the account.

 

These accounts were sold for a reason. There is evidence Barclays have retained some inhouse as they are with Moorcroft now.

 

They have been sold to a litigation specialist DCA. It will have been sold for less pennies than normal for a rubbish of the rubbish portfolio.

 

In the instance above £1800 debt £800 charges but he will have to go to court argue limitations law then why they unfair. So ok he wins the lot back and gets to say a £1700 pay back. Slam on the litigation costs £500 plus the £100 he didnt get back so £600. They will not have paid that for the debt but the great thing is you will have admitted the debt. The judge wont be blind to this.

 

If I was the DCA I would litigate you straight away because I am going to win even if you get the charges back. Which isnt a forgone conclusion. And if you didnt win and have now admitted a debt on something at the very best is dodgy how would you defend then. You went to court admitting you had the account. Judge lottery debtor admits account heck we will do away with the need for the proper paperwork bang you owe the lot plus litigation costs plus you didnt win the charges back.

 

So have managed to turn a £1800 debt into a £2300 debt perhaps with a CCJ getting rid of dodgy paperwork forever and if you own anything a charging order on it.

 

Marlin are known for it, pride themselves in it and are actually very good at it. What they want is someone who thinks they know it, has become complacent dealing with other DCA's and offers them a win on the plate.

 

I know what I would be doing and it certainly aint poking the wasps nest with a stick

[seriously fed up]

While I tend to agree with the advice about wasps nests and sticks, I think we need to be clear here that what I think AJS would be doing is to dispute whether or not the debt is enforceable - do they have the paperwork to allow the court to make an enforcement order? Its perfectly possible - though not guaranteed - that AJS could show that the charges made by Egg were excessive and thus unlawful, and, in the event that the current owner of the debt sought enforcement of the debt that AJS could successfully dispute the enforceability of their paperwork - particularly if they are unable to produce a signed agreement that satisfies s61.

[phatram]

Can anyone remember when Egg closed these accounts please. I cant find anything.

[ken100464]

Totally agree SFU but it isnt clear that is actually what AJS is after hence HP Mums comments. And I tend to think her view would be the better way forward just now. At least while the initial Marlin letter cycle is underway. Any excuse to get off this treadmill is needed as the wont pays and unengaged clients are on the way to a court room. They have form, they use it and sadly they are quite good at it. This initial letter cycle is looking for the vunerable, the disputes, and the not worth whiles. Its separating and segmentating the portfolio. You really want to be in one of those last 3 segments.

 

The original phishing letters. Many said the way forward was a reply saying naff off. Clever strategy by them. Debtor in complacent mode. What have you done. Oh yes given them a valid contact point. Now got someone to chase. Intrusive I/E form next up wont fill it in. What have you done. Oh yes now they have a valid contact plus you are a non engager. Next letter this week threats start.

 

Wake up these accounts are on the way to court if you dont stop them.

 

The paperwork I wouldnt be relying on totally as the get out of jail free card either. 3 weeks ago we have had a fully enforceable egg account posted to us . This is an account they havnt been able to find for a number of years. It is from the assignment prior to the barclaycard sale and comes from the sort of time alot of these Marlin accounts are from. Canada Square seem to be churning a few out for other DCA's.

 

All fine and dandy if yours is still missing for sure. But again I would be wary because of who this DCA is and secondly paperwork to other DCA's is all of a sudden turning up. And even worse the paperwork is fully compliant.

 

Many reasons why these accounts have gone into the twilight zone two which could easily be 1) Egg was a mess and staff couldnt be bothered as it got wound down and 2) Barclays needed to retain the full book value of the accounts to better the balance sheet and hide the debt mountain thats really there.

 

These two plausable reasons have gone now. Hence the sale and the sudden appearance of long lost paperwork. The length of time of bank inaction has a lulling affect that you have a duffer so easy to defend. Hence dont pay much attention. When in reality you have a rabid dog DCA which could be about to start bringing CCA requests out of non compliance. I havnt seen this yet but follow enough forums to know these follow up requests are underway. As are a number of other strategies. All sound good from the debtors point of view but frankly doubt they will do anything but delay anything much.

 

For me with some comments I am seeing on forums this is a slow motion train crash as the debtor isnt waking up to the whole new ball game. Using arguments from 3/4 years ago thinking they won back then. Not realising the opposition didnt have the heart to fight.

 

Like I will always say each to their own but as a consumer forum a newbie reading they can offset charges and its a sure fire win is likely to lead to abit of poking. Poking which isnt the best policy right now. Maybe in a few weeks/months as Marlin reveals what its up to yeah go for it.

 

But right now would be treating this as if it was Lowell now, Arrow in the autumn and 1st Credit before that.

 

They are dangerous, can be beaten but not if you are complacent thinking it was job done 3/4 years ago.

Edited March 14, 2013 by ken100464

[cj10]

Can anyone detail the typical timetable/ timeline which Marlin operate to, ie Ist letter welcoming you to Marlin received week 1, income/ expenditure request week 3, first threatogram week 5, etc.

 

Just thought it might be helpful in developing a strategy to deal with them.

[HP Mum]

I think it was the post #21 here. I have looked at loads of postings and can't be sure that this is the one I was thinking of at the time of writing earlier !!

 

Re: EGG>>A Quandry

Originally Posted by

ajs444

After my success with reclaim of charges against

Capital One

, with

interest

in

restitution

at 24.4% they would probably be due me around £1000+ and that is too good to allow them to sleep.

 

 

 

Have you declared to

Egg

and cohorts that you regard the account described "terminated" by Egg letter as legally unenforceable?

 

If you claim the lawful part of the account balance as null and void,

do you then claim the unlawful part (penalty charges) of the balance to be NOT null and void?

 

Is Egg supposed to refund you cash for unlawful penalty charges on an account the liability for which you now repudiate?

 

If Small Claims Court were to rule in favour of penalty charges refund, SCC would be effectively levying a punitive fine on Egg on principle, but SCC is not empowered to

levy

fines. At most Egg would reverse the penalty charges plus interest on your account. If the credit refund is exceeded by the debit balance outstanding the outcome would be academic, if you repudiate the debit balance of any size.

 

If you do NOT repudiate the debit balance then it is a different story. The balance becomes payable, and Egg will be required to refund penalty charges. As for reclaim of penalty charges imposed before 2007 six years ago, someone else could advise.

[ajs444]

LBA now issued on Barclays.